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Marshall Dennehey Announces 2024 Shareholder Class And Special Counsel Promotions

December 19, 2023

Marshall Dennehey is pleased to announce that 10 attorneys have been elected shareholders of the firm effective January 1, 2024. Additionally, three attorneys have been promoted from associate to special counsel. These new shareholders and special counsel represent the firm's four core departments – Casualty, Professional Liability, Health Care and Workers' Compensation – and come from 8 of the firm's 19 offices.

“This class of newly elected shareholders embodies the traits that make Marshall Dennehey a special place,” said
G. Mark Thompson, Marshall Dennehey’s President & CEO. “They are hard working, dedicated, talented lawyers whose exceptional contributions have been pivotal to the success of the firm and our clients. We congratulate them on their well-deserved promotions and look forward to their future achievements as we continue the firm’s growth.” 

Promoted to Shareholder

ORLANDO, FLORIDA
Peggy Smith Bush, Casualty Department (former Special Counsel)
Peggy is an experienced litigator, advocate and counselor who routinely defends corporations, large self-insureds, and public entities in complex litigation involving claims of personal injury and wrongful death. Clients value the strategic thinking and results-oriented litigation skills she brings to matters involving transportation, premises liability, product liability, negligent security, as well as general liability claims. Peggy is a graduate of the University of North Alabama and Barry University School of Law. She is admitted to practice in Florida, the U.S. Court of Appeals 11th Circuit, and before the U.S. Supreme Court.

PHILADELPHIA, PENNSYLVANIA
Ryan P. Friel, Professional Liability Department (former Associate)
Ryan defends a variety of clients as a member of both the Securities & Investments Professional Liability and Privacy and Data Security Practice Groups. He represents FINRA member firms, registered representatives, and registered investment advisors in state and federal court as well as in FINRA arbitration and expungement proceedings and a wide range of investigations, examinations, inquiries, and enforcement matters. Ryan also defends clients in privacy-related litigation and technology-related litigation, and conducts regulatory investigations across many industries in matters stemming from data privacy and security incidents. He is a graduate of Fairfield University and Syracuse University College of Law. Ryan is admitted to practice in Pennsylvania.

Benjamin M.H. Goshko, Casualty Department (former Associate)
Ben focuses his practice on construction, trucking/transportation, product liability, and hospitality matters. He defends claims on behalf of construction contractors, product manufacturers, property owners, restaurants, and hotels in litigation involving fire losses, negligence, auto accidents, catastrophic injuries, and wrongful death. Ben is a graduate of Temple University and Temple University Beasley School of Law. He is admitted to practice in Pennsylvania and New Jersey. 

Kara A. Pullman, Professional Liability Department (former Special Counsel)
Kara defends employers in claims involving allegations of discrimination based upon age, gender, race, sexual orientation and disability, and also handles retaliation and whistleblower claims in federal and state courts and administrative agencies.  Additionally, she provides counsel to clients regarding employment matters, including ensuring that policies and procedures are legally compliant and up to date. She also defends school districts in cases alleging violations of the IDEA and related federal and state statutes, and has handled numerous special education due process matters. Kara is also experienced in the areas of municipal liability and civil rights and has represented police departments, police officers, and school boards in cases relating to civil rights and discrimination in the state and federal courts. She is a graduate of St. Joseph’s University and Rutgers University School of Law, Camden. She is admitted to practice in Pennsylvania and New Jersey. 

PITTSBURGH, PENNSYLVANIA
Gregory P. Graham, Professional Liability Department (former Associate)
Greg defends corporations and professionals in commercial, construction, and class action litigation. He also defends attorneys in legal malpractice actions involving civil and family disputes, business transactions in the real estate and oil and gas industries, and commercial litigation. Greg's construction practice includes the representation of owners, contractors, and design professionals from defect and commercial loss claims related to the construction industry. Admitted to practice in Pennsylvania, he is a graduate of Michigan State University and the University of Pittsburgh School of Law.


KING OF PRUSSIA, PENNSYLVANIA
Stephen G. Keim, Casualty Department (former Associate)
Stephen represents clients in motor vehicle accidents, premises liability, product liability, business litigation, and professional liability matters. He also has significant experience defending attorneys, real estate brokers and agents, accountants, and architects against professional liability claims. A graduate of Kutztown University of Pennsylvania and the William S. Boyd School of Law, he is admitted to practice in Pennsylvania and New Jersey. 

Christin L. Kochel, Professional Liability Department (former Associate)
Christin focuses her practice on insurance coverage matters and civil litigation, with emphasis on automobile liability and uninsured/underinsured motorist claims. She is also experienced in defending premises liability, homeowner's insurance, minor's compromise, and other general liability claims and suits. She is a graduate of Bloomsburg University and Widener University School of Law and is admitted to practice in Pennsylvania and New Jersey.

ROSELAND, NJ
Heather M. LaBombardi, Health Care Department (former Associate)
Heather concentrates her practice on medical malpractice and health care liability matters. She routinely defends physicians, nurses, health care providers, and medical facilities against medical malpractice claims. She additionally has written several appellate briefs and argued multiple times before the New Jersey Appellate Division. She is a graduate of the University of Miami and earned an M.S. in management from Nova Southeastern University before obtaining her J.D. from Western Michigan University Thomas M. Cooley Law School. She is admitted to practice in New Jersey and New York. 

Paul W. Lanza, Casualty Department (former Associate)
Paul concentrates his practice primarily on trucking/transportation liability, premises/retail liability, and construction injury litigation. He also handles cases involving condominium/community association law, automobile liability, product liability, and malpractice claims against real estate professionals. He is frequently retained by clients to handle the pre-suit investigation of high-exposure cases involving complex issues of fact and law, including fatal commercial vehicle accidents. Paul is a graduate of the University of Notre Dame and Seton Hall University School of Law. He is admitted to practice in New Jersey and New York.

NEW YORK CITY
Andrew Thebaud, Casualty Department (former Associate)
Andrew represents clients in the fields of construction injury litigation, retail liability, product liability, automobile litigation, commercial trucking litigation and property litigation. His clients include construction companies, maintenance companies, retail stores, and product retailers, among other clients. He also handles a significant amount of retail and premises liability cases. He is a graduate of the University at Albany (SUNY) and the University of Virginia School of Law, and is admitted to practice in New York.

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Associates Promoted to Special Counsel

MOUNT LAUREL
Mari I. Gangadean, Professional Liability Department
Mari defends employers in employment-related claims involving allegations of discrimination based upon age, gender, race, sexual orientation, and disability, as well as retaliation and "whistleblowing" in both federal and state courts. She additionally has extensive experience in insurance coverage and bad faith litigation, as well as defending automobile negligence and uninsured/underinsured motorist claims. A graduate of Mount Holyoke College, she earned her law degree from Temple University School of Law. She is admitted to practice in New Jersey and Pennsylvania.

PHILADELPHIA
Angeline C. Panepresso, Casualty Department
Angeline devotes her practice to a variety of litigation matters including premises liability, product liability, automobile liability, and construction liability. She is a graduate of Lehigh University and Widener University School of Law and is admitted to practice in New Jersey and Pennsylvania. 

WESTCHESTER
Sanford G. Jacobs, Casualty Department
Sanford has over 30 years of experience in trucking & transportation liability, general liability, premises liability, motor vehicle liability, construction injury litigation, products liability, and toxic torts. His extensive experience includes handling cases from inception through jury trial throughout the New York Metropolitan area, upstate New York, and the state of Florida. He is a graduate of the State University of New York at Oneonta and Western Michigan University Cooley Law School. He is admitted to practice in New York, the District of Columbia, and Florida. 
 

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Vendor Cyber Attack Compromises PII of More Than 3 Million Hunting and Fishing License Holders in Texas

The Texas Parks & Wildlife Department (TPWD) announced earlier this month that one of its vendors which handles the sale of state hunting and fishing licenses was the victim of a cybersecurity attack. The threat actor appears to have exfiltrated personal driver’s license information, passport numbers, email addresses, phone numbers and addresses of over 3 million hunting and fishing license holders.  The State Parks Department advised that the attack did not compromise social security numbers, dates of birth or financial information. Texas Cyber Command, the state’s new cybersecurity authority formed to protect critical infrastructure and coordinate threat responses across state and local government, reportedly assisted in detecting and containing the attack. TPWD has already set up free credit monitoring for those impacted through Kroll.  According to press reports, no specific group has yet been identified as the perpetrator of the theft. TPWD also advised that business has not been interrupted and license sales were continuing. This incident once again demonstrates that cybersecurity is only as strong as the weakest link in the supply chain. Businesses must prioritize security across their own environments and those of their vendors and contractors as well.

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Thought Leadership

Featured Conversations... Key Takeaways from A.M. Best’s Webinar on the Misuse Defense in Product Liability Claims, Featuring Michael Salvati

Michael Salvati, shareholder in our Philadelphia office, was a panelist for the April A.M. Best webinar, “The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers.” During the program, Michael and his fellow panelists offered practical, jurisdiction‑specific guidance on how misuse and failure‑to‑warn theories intersect in modern product liability litigation. Michael emphasized the unique challenges these claims present—particularly in states like Pennsylvania, where evidentiary rules diverge sharply from those applied in many other jurisdictions. Failure to Warn as the “Flip Side” of Misuse Salvati explained that failure‑to‑warn allegations often arise as a direct counter to a misuse defense. As he noted, “If our misuse defense is that the plaintiff didn't use a product properly or safely, then the failure to warn claim is that we didn't tell them how to use it properly.” He emphasized that these claims can stem from either the absence of warnings or criticisms of existing warnings, such as insufficient specificity or lack of clarity about risks. Pennsylvania’s Unique Evidentiary Landscape One of Salvati’s most notable points was the stark difference in how Pennsylvania treats evidence of compliance with industry standards. He highlighted that Pennsylvania is “one of the only states…where that evidence is not admissible” in strict liability cases. Manufacturers cannot rely on compliance with ANSI, UL, ISO, or even federal safety standards to defend the product against a strict liability claim—because the focus is solely on the product itself, not the manufacturer’s conduct. Salvati acknowledged the challenge this creates for defense counsel and clients who expect such compliance to carry weight. Understanding the Three Defect Theories Salvati also walked through the three primary defect theories recognized in many jurisdictions: - Design defect – a flaw in the product’s intended design - Manufacturing defect – a deviation affecting a specific unit - Failure to warn – inadequate instructions or warnings He noted that warnings claims are increasingly significant and sometimes stand alone when design or manufacturing theories are weak. As he put it, plaintiffs often default to warnings claims because “the default position seems to be, ‘If I got hurt, there must be something wrong.’” Warranties and State‑by‑State Variations Salvati addressed how breach‑of‑warranty claims fit into the broader framework, explaining that implied warranties—such as merchantability—often overlap with strict liability in Pennsylvania. He emphasized the importance of understanding local nuances, as warranty law and admissibility rules vary widely across states. Looking Ahead: The Growing Importance of Warnings In his closing remarks, Salvati stressed that warnings should never be treated as an afterthought in product liability defense. He observed that warnings‑only claims are becoming more common and urged manufacturers and insurers to continually evaluate the clarity and completeness of their instructions and warnings. His takeaway: “We should always be talking about what are the instructions that come with our products…to bolster a misuse defense.” Listen to the complete webinar here: https://www3.ambest.com/conferences/events/eventregister.aspx?event_id=WEB1074.

News

Veteran Trial Attorney Joseph M. Toddy Joins Marshall Dennehey’s Casualty Department in Philadelphia

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Casey Alan Coyle Joins Marshall Dennehey's PA Appellate Practice as a Shareholder in Harrisburg and Philadelphia

News

Marshall Dennehey Expands Leading Pennsylvania Appellate Practice With Addition of Shareholder Casey Coyle

Congratulations to our 2026 Florida Super Lawyers & Rising Stars: Elizabeth Ferguson, A.C. Nash, Taylor Naughton, Sophia Philor, Amara Rodriguez

News

Marshall Dennehey Announces 2026 Florida Super Lawyers & Florida Rising Stars

Thought Leadership

The Enforceability of Online Arbitration Agreements Remains Unresolved in Pennsylvania, But the Pennsylvania Superior Court has Provided Substantive Guidance on the Issue

Key Points: The Pennsylvania Supreme Court confirms that an order compelling arbitration is not immediately appealable as collateral orders. The outcome of Chilutti II has generally left the substantive enforceability issues with browsewrap agreements unresolved in Pennsylvania. Until this issue is resolved by the Pennsylvania courts, companies operating in the Commonwealth should strive to ensure that their registration websites and/or application screens conspicuously present arbitration agreements in manners which ensure their users and consumers assent to the terms of the agreements by following the standards set forth in Chilutti I. Browsewrap agreements have been defined as agreements “‘in which a website offers terms that are disclosed only through a hyperlink and the user supposedly manifests assent to those terms simply by continuing to use the website,’ and typically do not require an electronic signature.” See, Cobb v. Tesla, Inc., 2026 WL 458470, at *1 n. 2 (Pa. Super. Feb. 18, 2026) (citation omitted). They are largely regarded as the “if you keep using this, you agree to everything buried in this link” terms embedded into almost every online agreement consumers and users sign before proceeding with purchases of goods and/or services. While consumers are generally aware of them, many almost never click on the link, nor read them in their entirety. This leaves many consumers and users ignorant of the terms and impact of such agreements. However, one’s ignorance of the otherwise neatly-tucked-away terms rarely renders them unenforceable. The issue of the enforceability of browsewrap agreements has been up for debate for some time in many jurisdictions, including Pennsylvania. Indeed, Pennsylvania had a brief grip on this issue for a period in time. Specifically, in 2023, an en banc Superior Court set forth heightened standards for companies to meet in order to secure assent and enforce browsewrap arbitration agreements. See Chilutti v. Uber Techs., Inc., 300 A.3d 430 (Pa.Super. 2023) (en banc) (“Chilutti I”) Chilutti I involved a husband and wife who sued Uber and its subsidiaries after the wife, a wheelchair bound passenger using Uber’s rideshare service, fell, struck her head, and lost consciousness due to her uber driver failing to provide a seatbelt and making an aggressive turn during the trip. The Chilutti’s filed a negligence lawsuit against Uber and its subsidiaries. In response, the defendants moved to compel arbitration, arguing that “the couple’s conduct on the company’s website and application — when they registered for the ridesharing service — signified that they agreed to be bound by the mandatory arbitration provision found in the hyperlinked terms and conditions.” The trial court granted the defendants’ petition and stayed the proceedings pending the results of arbitration, and the Chilutti’s appealed. On appeal, the Superior Court addressed two issues. First, it addressed the issue of whether it had jurisdiction to hear the appeal. A divided Superior Court determined that it did, with its basis for the holding being that the order from which the Chilutti’s appealed was a collateral order. Next, the Superior Court set out to address the merits of the Chilutti’s substantive claim. The Superior Court concluded that the parties lacked a valid agreement to arbitrate. Its rationale was that Uber’s website and application did not provide reasonably conspicuous notice of the terms to the Chiluttis. In reaching this decision, the en banc Superior Court held that browsewrap arbitration agreements are enforceable in Pennsylvania only if the registration website and application screens explicitly inform consumers that they are waiving the right to a jury trial, the registration process cannot be completed until the consumer is fully informed of this waiver, and, when the agreement is available via hyperlink, the waiver appears at the top of the first page of the terms in bold, capitalized text. Since the ruling, Pennsylvania courts have applied Chilutti I to determine if browsewrap agreements are enforceable.  For instance, the Allegheny County Court of Common Pleas invoked Chilutti I to reject an agreement that lacked an express jury-trial waiver on the assent screen.  See Miller v. Festival Fun Parks, LLC, 92 WDA 2025 (C.P. Alleg. Cnty. Mar. 24, 2025). Similarly, the Superior Court has held that notice which failed to explicitly state the consumer was waiving a jury-trial right did not “me[e]t the strict burden set forth by our en banc Court in Chilutti I.” Pierce v. FloatMe Corp., 348 A.3d 1077, 1088 (Pa. Super. 2025). While the issue of enforceability of browsewrap agreements appeared to have been resolved by Chilutti I, Pennsylvania courts’ grip on this issue has been slackened by the Pennsylvania Supreme Court’s January 21, 2026, opinion in Chilutti II. See Chilutti v. Uber Techs., Inc., 349 A.3d 826 (Pa. 2026) (“Chilutti II”). Therein, the Supreme Court did not address the merits of the Chiluttis’ substantive claim, but rather the issue of whether the Superior Court had appellate jurisdiction to immediately review the orders staying litigation pending arbitration. The Court ultimately vacated the en banc opinion on jurisdictional grounds, holding that the Superior Court did not have appellate jurisdiction because the trial court’s order from which the Chiluttis appealed did not qualify as a collateral order and, thus, the Superior Court erred in holding to the contrary and lacked jurisdiction to entertain the merits” of the Chiluttis’ substantive claim. As such, Chilutti II has rendered Chilutti I nonbinding, and the issue of enforceability of online arbitration agreements remains unresolved. However, in light of the fact the Supreme Court did not address or comment on the merits of the Chiluttis’ appeal, Chilutti I is still meaningful. Specifically, it provides guidance as to the standards a company should strive to meet to ensure they have obtained users’ assent so that they are able to enforce online arbitration agreements. Additionally, it may serve as persuasive authority in judges’ evaluations of petitions and/or motions to compel browsewrap arbitration agreements until this particular issue is properly put before our appellate courts. Keanna works in our Pittsburgh, PA office. She can be reached at (412) 803-1174 or KASeabrooks@MDWCG.com.

Result

Unanimous Verdict Obtained in a Medical Malpractice Matter in Bergen County, New Jersey