Kevin Tucker is a Partner in Lynch Carpenter’s Pittsburgh office. He splits his practice between the firm’s consumer class litigation and ADA practices.

Kevin has prosecuted a variety of MDLs on behalf of individual consumers and financial institutions. He currently serves as a committee member for the leadership teams in both In Re FedLoan Student Loan Servicing Litigation, MDL 2833 (E.D. Pa.) and In Re Equifax, Inc. Customer Data Security Breach Litig., MDL 2800 (N.D. Ga.). In In Re FedLoan, Kevin represents a putative nationwide class of student loan borrowers injured by their servicer and the United States Department of Education. In In Re Equifax, Kevin is part of a prosecution team representing financial institution plaintiffs in one of the most high-profile MDLs pending currently.

Kevin has also secured a number of landmark decisions persuading courts across the country that the ADA requires public accommodations to make their digital properties equally accessible to consumers who rely on auxiliary aids for access. See Suchenko v. ECCO USA, Inc., 2018 WL 3933514 (W.D. Pa. Aug. 16, 2018); Gathers v. 1-800-Flowers.com, Inc., 2018 WL 839381 (D. Mass. Feb. 12, 2018); Access Now, Inc. v. Blue Apron, LLC, 2017 WL 5186354 (D.N.H. Nov. 8, 2017).

In 2019, Kevin was elected Secretary of the University of Pittsburgh Law Alumni Association Board of Governors.

• Pennsylvania Supreme Court
• U.S. District Court – Western District of Pennsylvania
• U.S. District Court – Eastern District of Pennsylvania
• U.S. District Court – Northern District of New York
• U.S. Court of Appeals – Third Circuit

• University of Pittsburgh School of Law, J.D. 2011
• University of Michigan, B.A., English Language and Literature, 2008

Consumer Protection

• Veridian Credit Union v. Eddie Bauer LLC, No. 2:17-cv-356 (W.D. Wa.) (data breach)
• Webster v. LLR, Inc. d/b/a LuLaRoe, No. 2:17-cv-225 (W.D. Pa.) (overcharges on consumer’s online purchases)

ADA Title III

• Access Now, Inc. v. Otter Products, LLC, No. 1:17-cv-10967 (D. Mass.) (Title III denial of access to blind patron)
• Gniewkowski v. Lettuce Entertain You Enterprises, Inc., No. 16-cv-1898 (W.D. Pa.) (Title III denial of access to blind patron)

Employment

• Williams v. Richards, No. 2:16-cv-525 (W.D. Pa.) (FLSA collective action for unpaid wages and overtime)
• Myers v. Autozoners, No. 2:16-cv-1312 (W.D. Pa.) (failure to promote on basis of race)

§ 1983 Litigation

• Consonery v. Pelzer, No. 2:09-cv-01510 (W.D. Pa.) ($100,000 judgment for prisoner who was denied medical treatment)
• Michener v. Borough of Mt. Oliver, No. 2:11-cv-00746 (W.D. Pa.) (due process, equal protection, free speech claims by councilwoman)

Other

• Fine v. ESPN, Inc., 11 F. Supp. 3d 209 (N.D.N.Y. 2014) (denying motion to dismiss libel action)

Professional Affiliations:

• Allegheny County Bar Association
• American Association of Justice

Awards:

• Joe Magarac Award (2016)
• CALI- Legislation (2011)
• Leadership Award (2011)