.

Joseph L. Hoynoski III

Shareholder

JLHoynoski@mdwcg.com

Portrait of Joseph L. Hoynoski III

Joseph is a shareholder in the Health Care Department. He focuses the majority of his practice on the defense of various medical/psychiatric providers and facilities in medical malpractice, dental malpractice, complex health care liability matters and premises liability. Joseph has also served as a member of the firm's Executive Committee Advisory Council, a distinguished group of firm leaders whose purpose is to enhance the communication between the Executive Committee and younger members of the firm's professional ranks, including associates, special counsel and junior shareholders. 

Joseph has a rather unique background, which serves him well in handling matters in the health care liability field. From 2004 until 2007, he was involved in representing plaintiffs in hundreds of actions brought against pharmaceutical companies covering a wide array of drugs. Mass torts included Vioxx, Bextra, Celebrex, Viagra, Adderall and ReNu with MoistureLoc.

Since 2008, Joseph has been extensively involved in defending various medical providers in medical malpractice cases. He has obtained dismissals for several physicians and hospitals. He has also represented hospitals and physician groups in health care liability matters and through use of surveillance experts, was able to have cases dismissed against hospitals and physicians. He also successfully handled an Immigration Customs Enforcement Audit for a major Philadelphia corporation.

Joseph also has experience in trademark/copyright litigation and licensing. He has represented national corporations in the areas of retail, specialty food products, hair care products and toys in trademark and copyright litigation matters.

In 2001, Joseph graduated from Temple University cum laude, majoring in corporate law. At Temple, he was involved in the marching band, basketball pep band, orchestra, Student Judicial Board, Business Honors Program and the law fraternity Phi Alpha Delta, where he competed in several mock trial competitions.

Joseph graduated from Widener University School of Law, magna cum laude, in 2004. He was involved in Law Review and received the Senior Staff Award. He was also the treasurer of the Trial Advocacy Honor Society and competed in several mock trial competitions. Joseph received the Widener University School of Law Outstanding Service Award upon graduation, as well as the American Bankruptcy Institute Medal of Excellence.

    • Widener University Delaware Law School (J.D., magna cum laude, 2004)
    • Temple University (B.B.A., cum laude, 2001)
    • Pennsylvania, 2004
    • U.S. District Court Eastern District of Pennsylvania, 2005
    • U.S. Court of Appeals 3rd Circuit, 2009
    • The Best Lawyers in America©, Medical Malpractice Law - Defendants (2026-2027)
    • Pennsylvania Super Lawyers Rising Star (2012-2019)
    • Montgomery County Bar Association
    • Pennsylvania Bar Association
    • “Dealing with Unidentified/Identified Agents Not Named as Defendants in a Complaint.” Defense Digest, Vol. 21, No. 1, March 2015
    • "The Certificate of Merit Status Quo Has to Go," The Legal Intelligencer, Health Care Supplement (page 7), February 17, 2015
    • "Statutory Damages: To Copy Or Not To Copy, That Is The Burning Question," Commercial Damages Reporter, Vol 25, Issue 2, April 2010
    • Civil Litigation Update, contributing author for the annual update published by the Pennsylvania Bar Institute, 2009 and 2010
    • Peer Review: Status 2022, Marshall Dennehey Trends in Health Care and Health Law Seminar, May 5, 2022
    • Secured a Directed Verdict on behalf of an orthopedic surgeon who was alleged to have breached the standard of care as it relates to his performance of a reverse right shoulder replacement. After an 8-day trial, the court found that the plaintiff failed to establish that the surgery performed by the orthopedic surgeon was unnecessary, as alleged in the Amended Complaint.
    • Obtained a defense verdict in Philadelphia County on behalf of an emergency room physician, hospital physician group and hospital for an alleged failure to appropriately treat elevated blood sugar and groin abscess leading to necrotizing fasciitis. The evidence presented to the jury supported the argument that the emergency room physician appropriately treated the abscess as presented and gave appropriate instructions for the plaintiff to return to the hospital if symptoms changed or worsened. Plaintiff did not require admission for treatment of elevated blood sugar as she was a long time diabetic and the glucose level was not abnormal for her. When she finally returned to the hospital after seven days, she had developed the necrotizing fasciitis. The trial lasted four days and the jury returned the verdict in 16 minutes. 
    • Noasha LLC v. Nordic Group of Cos., Ltd., et al, 08-cv-05635, E.D.P.A.
    • Doctor's Associates, Inc. v. Sheetz Inc., et al., 09-cv-88, E.D. Va
    • Humana Inc. v. Aetna Ins., Opposition No. 91192704 (October 13, 2010) [not precedential]. Joseph represented Aetna, Inc. and successfully assisted with defeating Humana Inc.'s opposition to Aetna's use of AETNA ONE for the name of an insurance program in front of the Trademark Trial and Appeals Board.

Results

View all

Defense Verdict Received Medical Malpractice Arbitration Matter

We received a defense verdict at the Montgomery County Arbitration Center where the three-attorney panel found in favor of our clients, a pediatric primary care office and a pediatric nurse. We represented the pediatric practice and the nurse against claims from the plaintiff who claimed her median nerve was injured by a venipuncture procedure performed by the nurse. The case was originally filed in the Court of Common Pleas; however, after discovery revealed a weak damages claim—we found many TikTok videos helpful to our defense—it was dropped to the arbitration level.

Directed Verdict Secured in Medical Malpractice Case After Eight-Day Trial

After an eight-day trial, we secured a directed verdict on behalf of his client, an orthopedic surgeon, who allegedly breached the standard of care as it relates to his performance of a reverse right shoulder replacement. The court found that the plaintiff failed to establish that the surgery performed by the orthopedic surgeon was unnecessary, as alleged.

News

View all

Firm Highlights

Result

Statutory Employer Immunity Upheld

In this construction accident case that resulted in a $5 million verdict, the Supreme Court of Pennsylvania upheld the Statutory Employer Doctrine, which immunizes general contractors and other contractors on construction sites when certain elements are satisfied.

Marshall Dennehey Named a Standout in Litigation by BTI Consulting Group

News

Marshall Dennehey Named a Standout in Litigation by BTI Consulting Group

Thought Leadership

Appellate Division Reversed Trial Judge's Orders Granting a Plaintiff's Section 40 Summary Judgement Motion

In Haskins v. Casey, et al., the plaintiff Dane Haskins worked for defendant Ekornes, Inc. (Ekornes) as a material handler. In June 2021, he filed a workers’ compensation claim petition for benefits due to a left shoulder injury in December 2020. He then resolved his workers’ compensation claim in November 2022 under an Order Approving Settlement. In January 2023, he filed a lawsuit against Ekornes and later amended to add additional claims and name other defendants, including the Ekornes president, chief financial officer, and director of human resources. In May 2025, a second amended complaint alleged that after he filed the workers compensation claim, Ekornes placed him on leave under the Family and Medical Leave Act (FMLA), denied his request for a work accommodation, and ultimately terminated him from employment in December 2021. He pleaded several causes of action asserting violations of the New Jersey Law Against Discrimination (LAD) as well as fraudulent concealment and wrongful discharge. The plaintiff then moved for partial summary judgment, seeking an order enforcing Section 40 of the Workers’ Compensation Act (WCA) as well as summary judgment on his FMLA claims. The defendants opposed the motions and cross-moved for summary judgment on the FMLA claims. After arguments, the court entered an order in December 2025, denying the FMLA motion and cross motion and granting the plaintiff’s Section 40 motion. In the order, the court permitted the plaintiff to pursue compensatory damages at trial in connection with the bodily injury claim. The court also allowed the plaintiff to present evidence of any workers’ compensation benefits to support his claim. The court then denied the defendant's subsequent reconsideration motion in February 2026. The defendants that appealed the Section 40 aspect of the orders. In reviewing the appeal de novo, the Appellate Division rejected the plaintiff's argument that the work-related injury arose out of his discrimination claims under the LAD. The plaintiff argued that he should be able to pursue a personal injury claim as a part of his LAD claim, noting that the employer’s compensation carrier would be able to assert a lien against any recovery against his LAD claims. In distinguishing between the Richter vs. Oakland Board of Education, 246 N.J. 507 (2021) case, in which the Court found that any recovery would be subject to a Section 40 lien as the allegation was that the defendants failed to accommodate her pre-existing diabetic condition, which resulted in bodily injury. In this case, the Appellate Division indicated that there was no bodily injury caused by Ekornes’ failure to accommodate a pre-existing disability. Rather, the shoulder injury was a result of a workers compensation claim, for which he received appropriate benefits previously. The Appellate Division noted that if the plaintiff was successful in proving his LAD claims, he would be entitled to damages caused by the discriminatory discriminatory conduct such as lost wages and emotional distress damages and that there will be no Section 40 lien. In addition, the Appellate Division disagreed that the petitioner could present evidence about and seek damages for his shoulder injury at trial. Although the petitioner argued that a defendant who retaliated against an employee for filing a workers’ compensation claim should not benefit from the exclusivity provision of the WCA, the Appellate Division noted that the Legislature did not include this type of scenario in the statue nor did any of the case law recognize this type of claim as a remedy. As such, the Appellate Division reversed the December 2025 order granting the the plaintiff’s Section 40 summary judgment motion as well as the February 2026 reconsideration motion order. The Appellate Division noted that they did not intend to limit the plaintiff in his pursuit of his other claims on under the LAD, FMLA, and workers’ compensation retaliation causes of action.

Thought Leadership

WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

In this case, the claimant sustained injuries in the course and scope of her employment as a registered nurse. The employer acknowledged the injury by a Notice of Compensation Payable (NCP).  Subsequently, a Workers’ Compensation Judge (WCJ) expanded the description of injury. The employer then filed a Termination Petition, alleging the claimant was fully recovered from the injuries. Providers filed Utilization Review (UR) Petitions, challenging UR determinations finding their chiropractic treatment to be not reasonable and necessary. A settlement of the claim was eventually reached, and the employer filed a Petition to Seek Approval of a Compromise and Release (C&R) Agreement. The C&R outlined that the agreement fully resolved all future workers’ compensation claims except for the termination and UR Petitions. Briefs were filed and one day later, the WCJ issued an Interlocutory Order which stated if instructions were not followed regarding filing of a C&R, a settlement hearing date would not be given. The employer complied with the order, and filed the C&R. Subsequently, the WCJ notified the parties that the C&R must resolve all issues in the petitions, or would not be entertained. A settlement hearing was never held, and the WCJ then issued a decision, granting the Termination Petition and dismissing the UR Petitions. The WCJ also said that the Petition for Approval of a C&R was dismissed without prejudice, as the issues in the Termination and UR Petitions went to a decision. The claimant appealed to the Workers’ Compensation Appeal Board (Board). The Board granted the claimant’s appeal, finding that the WCJ violated the requirement of Section 449 that an expedited hearing be held when a Petition for Approval of a C&R is filed.  The Board further held that it was legally incorrect for the WCJ to insist that the C&R resolve all issues raised by the pending Petitions. The Board remanded the case to a new WCJ, and Employer appealed to the Commonwealth Court. The court affirmed the Board and held that the WCJ erred, as a matter of law, by refusing to hold an expedited hearing within 30 days, once the Petition for Approval of a C&R was filed.  The court noted that the language of Section 449(b) is mandatory, and a settlement hearing is not discretionary or dependent on a party’s separate request for a stay, or whether the record has been closed. The court further rejected Employer’s argument that the case should not be remanded to a new WCJ for a new decision on the termination and and UR Petitions, as the Board passed no judgment on whether the C&R Agreement resolved the termination and UR Petitions, and left it for the WCJ to decide in connection with the Petition for Approval of a C&R.

graphic announcing our 6 2027 Super Lawyers & Rising Stars

News

Marshall Dennehey Announces 2027 New Jersey Super Lawyers And Rising Stars

Event

CLM 2026 Focus Conference

Allison joins three insurance industry leaders to discuss how cyber coverage disputes, the growing impact of social inflation on bodily injury claim valuation, and the use of artificial intelligence are reshaping the bad faith landscape. The panel will examine emerging sources of extra-contractual exposure, including evolving cyber insurance coverage issues and the challenges of accurately valuing bodily injury claims. Practical approaches to claim evaluation using AI, along with defense strategies designed to help prevent or successfully defend against bad faith litigation, will also be addressed. 

Result

$1.09 Billion Products Liability Verdict Overturned

In this products liability crashworthiness case, the Superior Court of Pennsylvania reversed a Philadelphia jury verdict of $1.09 billion, the largest verdict ever overturned by a PA appellate court.  The court ordered a new trial based on deficient jury instructions, clarified important aspects of crashworthiness law, and confirmed that so-called standard jury instructions may be incompatible with Pennsylvania law. 

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.

Result

$19 Million Medical Malpractice Verdict Overturned

In this medical malpractice case, the trial court vacated $10 million of a $19 million verdict in post-trial motions and the Superior Court of Pennsylvania vacated the remaining $9 million on appeal.

Bret E. Dubbert Joins Marshall Dennehey’s Orlando Office as Special Counsel in the Casualty Department

News

Bret E. Dubbert Joins Marshall Dennehey’s Orlando Office as Special Counsel in the Casualty Department