Representative Matters

Antitrust & Unfair Competition
• • Since leaving the bench, a significant percentage of Ms. Ungaro’s practice as a litigator has been devoted to antitrust and unfair competition cases. The cases with which she has principally been involved arose in the real estate, sports memorabilia, and oil and gas industries.
  • As a judge, presided over several antitrust cases, including cases arising in the context of the pharmaceutical industry and raising issues at the intersection of patent and antitrust law
Business Commercial
• • Ms. Ungaro’s commercial litigation experience over her long career runs the gamut from corporate to contract to tort. As a result, she is conversant with relevant statutory, regulatory and common law, and able to apply the law to complex sets of facts.
  • As a judge, litigator, mediator and arbitrator, has handled matters such as RICO claims, shareholder derivative actions, breach of fiduciary duty claims (both statutory and common law), claims arising under the Uniform Commercial Code, and contract and unjust enrichment claims
  • Has brought and presided over many matters requiring the application of foreign law
  • As a judge and litigator, has handled numerous business tort cases alleging defamation and tortious interference with contract and prospective business relationships
Class Action & Mass Tort
• • As a judge, has extensive class action experience as well as experience in mass tort cases
  • Presided over several mass tort cases, including aviation accidents, most notably a case requiring the interpretation of a provision of the Montreal Convention as a matter of first impression
  • Presided over numerous other class actions alleging violations of securities laws, commodities fraud laws and consumer protection laws, and has extensive experience with class certification and damages analysis in the class action context
Construction
• • In the course of her judicial career, Ms. Ungaro presided over and resolved several cases that required her to apply state and federal laws, including the Miller Act, to surety bond disputes, including the resolution of complicated issues of priority in connection with large construction projects.
  • Has mediated and litigated construction matters, including a complex lawsuit alleging negligence in connection with the construction of a hotel that involved approximately 20 parties
Health Care
• • Served as a mock trial judge in a health care qui tam case
  • As a judge, handled many health care fraud cases under the False Claims Act (FCA) including qui tam matters
  • As a judge, handled a wide variety of payor-provider disputes
  • As a judge, presided over numerous medical malpractice
Insurance
• • Has served as judge, litigator, mediator and arbitrator in a wide variety of insurance matters, including coverage disputes and disputes alleging bad faith; as a judge, resolved many of these disputes at summary judgment
  • As a litigator, served as part of a team defending insurers in connection with aviation war risk coverage in lawsuits arising from Russia’s invasion of Ukraine
Intellectual Property
• • Throughout her judicial career, Ms. Ungaro was called upon to decide numerous trademark, copyright and patent disputes, many of which she resolved by summary judgment.
  • As a judge and litigator, handled a variety of trade secret matters
  • As a judge, has experience conducting Markman hearings, most notably conducting one in a complicated case involving approximately 20 software patent claims
Maritime Admiralty
• • As a judge, presided over numerous matters arising under the admiralty and related maritime laws
  • Apart from routine personal injury matters, served as a judge in class actions against cruise lines and litigation arising from ship collisions
  • As a judge, was called upon to decide fault in a case arising from a severed submerged cable that transmitted electricity to a large metropolitan area
  • Presided over a large complex case arising from alleged breaches with respect to a shipbuilding contract
Real Property
• • As a judge, litigator and special magistrate, has handled many complex commercial real estate matters
  • As a judge, presided over a complex fraud case against a real estate developer and co-conspirators related to government funding for affordable housing developments
Securities
• • Presided over and litigated numerous matters under the securities laws and the laws regulating commodities brokers
  • As a judge, presided over a three-month trial alleging fraud on the market against a local bank and its founders, officers and directors and a six-month trial alleging commodities fraud; both cases entailed sophisticated damages analysis
  • As a litigator, handled securities fraud matters involving allegations of fraud on the market, including a matter relating to cryptocurrency