Daniel J. Kluska - Commercial Litigation Attorney in NJ

Daniel J. Kluska
Phone: 732.855.6033
Fax: 732.726.6666
Bar Admission:

New Jersey
United States District Court for the District of New Jersey
United States Court of Appeals for the Third Circuit

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J.D., Washington and Lee University School of Law
B.A., Rutgers College, Phi Beta Kappa

Biographical Information:

“It is no secret that filing or defending against a lawsuit can be a complicated, stressful, distracting and ultimately expensive endeavor.  I appreciate the emotional and financial impact that litigation has on my clients, and am deeply committed to guiding them through the rigors of the litigation process, step by step, to achieve the resolution that is best for them in the most efficient manner.  There is no one-size-fits-all strategy to handling cases, and I adapt my professional services to the unique set of circumstances and personalities involved in each matter.  It is an investment I feel privileged to make on behalf of those who trust in my proven abilities.”

In his business and construction litigation practice, Mr. Kluska regularly represents owners, builders and developers in lawsuits arising out of the construction of numerous types of projects, including condominium developments, residential communities and single-family homes, involving claims of construction and design defects, project-related misrepresentations, and alleged breaches of warranty.  Mr. Kluska is also experienced in representing law firms of all sizes at both the trial and appellate review level in actions involving allegations of legal malpractice, breach of fiduciary duty, civil conspiracy and fraud.  Mr. Kluska also counsels and represents businesses and individuals in complex cases involving legal issues such as contract disputes, professional negligence, Consumer Fraud Act claims, unfair competition, restrictive covenant and trade secrets litigation, shareholder and partner disputes, class action defense and other multifaceted business matters.

Mr. Kluska is a dedicated member of Wilentz.  As Chair of the firm’s Associates Committee, Mr. Kluska has spearheaded discussions and efforts to develop and provide educational and social programs for the professional growth of the firm’s associates, and acts as a liaison between the firm’s associates and management.  He also serves as a member of the firm’s Business Development committee focused on establishing and strengthening the firm’s relationships with current and prospective clients.

Prior to joining the firm, Mr. Kluska served as a judicial law clerk for the Honorable Neil H. Shuster, Presiding Judge, Chancery Division and the Honorable Maria M. Sypek, Presiding Judge, Chancery Division of the Superior Court of New Jersey, from which he received an invaluable firsthand insight into the court’s management and disposition of cases and active involvement in settlement negotiations that continues to assist him with his practice today.

Mr. Kluska is a Rutgers football and men’s basketball season ticket holder, avid traveler and enjoys golfing and reading.

Representative Matters:

  • Represents Fortune 500 real estate developer in multiple lawsuits filed by condominium and homeowners’ associations after control of association board transitioned from developer to unit owners
  • Secured dismissal of all claims in middle of jury trial defending owner of car wash sued for unlawfully interfering with contract between prior owners of car wash
  • Won summary judgment in federal court for international law firm in legal malpractice action alleging fraud and aiding and abetting the client to breach fiduciary obligations to plaintiff; decision affirmed by Third Circuit Court of Appeals
  • Obtained injunction in federal court for non-profit alliance of food retailers prohibiting State of New Jersey from collecting unused gift card funds under newly-enacted legislation in violation of Supreme Court precedent; decision affirmed by Third Circuit Court of Appeals
  • Awarded summary judgment for towing equipment manufacturer in action alleging violation of Consumer Fraud Act, negligence and breach of warranties
  • Obtained summary judgment for regional law firm in legal malpractice action alleging improper advice to plaintiff based on finding that plaintiff’s expert’s opinion was an inadmissible net opinion


  • “Law Firm Organized As A Limited Liability Partnership Has No Obligation To Maintain Professional Malpractice Insurance During Law Firm’s Period Of Dissolution And Windup Of Affairs,” ABA Lawyers’ Professional Liability eAdvisory, July 2016
  • “Head Basketball Coach May Benefit From, But May Not Waive, Her University’s Attorney-Client Privilege With Its General Counsel,” ABA Lawyers’ Professional Liability eAdvisory, November 2013
  • “Client’s Guilty Plea Does Not Insulate Counsel From Malpractice Liability,” ABA Lawyers’ Professional Liability eAdvisory, May 2013
  • “New Jersey Adopts The Revised Uniform Limited Liability Company Act To Soon Replace Its Current Limited Liability Company Act,” Wilentz newsletter, October 2012
  • “The Threat or Prospect of Franchise Termination, Knowing Your Rights in New Jersey,” Wilentz newsletter, 2009

Rankings and Recognitions:

  • New Jersey Super Lawyers®, Rising Star, 2015-2017

Super Lawyers is published by Thomson Reuters.  A description of its selection process can be found in the respective link above.  The aforementioned organization is a private peer review organization, not a court specific public certification vehicle.  No aspect of this advertisement has been submitted to or approved by the New Jersey Supreme Court.


  • New Jersey State Bar Association, Construction Law Section
  • Middlesex County Bar Association
  • American Bar Association