Kenneth J. Wilbur

Ken has a track record of success representing clients in a variety of novel disputes that cross legal disciplines. His matters include (results may vary depending on your particular facts and legal circumstances):

• Cellular Tel. Co. v. Zoning Bd. of Adjustment of the Borough of Ho-Ho-Kus, 197 F.3d 64 (3d Cir. 1999), which defined the elements of prohibition of services and substantial evidence claims under the Telecommunications Act of 1996;
• Morris Cnty. Bd. of Chosen Freeholders v. Freedom From Religion Found., 139 S. Ct. 909, 586 U.S. ___ (2019) (Statement of Kavanaugh, J.), in which he secured historic churches’ retention of funds awarded in historic preservation grant programs;
• Register v. SAS Morrison LLC, et al., 189 A.D.3d 591 (1st Dep’t 2020), in which he obtained a $9 million remittitur of a $14 million verdict against a landlord in a premises liability matter.

In his practice, Ken draws on a wealth of interdisciplinary experience in the fields of legal malpractice defense and legal ethics, pharmaceutical mass torts, First Amendment defenses to unfair trade practice and Medicaid fraud claims, real estate development disputes, and public contracting. He has published articles on First Amendment rights of corporations, state court jurisdiction, choice of law and preemption of punitive damages, legal ethics, and appellate procedure.

From 2014 to 2017, Ken served as counsel to the New Jersey Pension and Health Benefit Study Commission, coordinating the commission’s outreach efforts to stakeholders.

Personal Interests

When not in the dugout or bleachers supporting his daughter’s softball teams, Ken can be found enjoying the Manasquan Inlet. He also has a strong interest in aviation and maritime history.