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Angela Y. DeMary

Portrait of Angela Y. DeMary

Certified by the Supreme Court of New Jersey as a workers' compensation attorney, Angela focuses the entirety of her practice on New Jersey workers’ compensation, representing the interests of employers, carriers and self-insureds. Throughout her career, Angela has gained significant experience handling claims involving issues of employment, coverage, compensability, causation/liability and permanency. Her cases also include specific issues of total disability (SIF), lack of coverage (UEF) and subcontractor/general contractor issues (Section 79).

Notably, Angela has argued multiple cases before the Appellate Division. She has secured favorable decisions on issues of entitlement to temporary total disability benefits addressed under Section 38 (commonly referred to as the Cunningham issue). Her experience also extends to issues involving jurisdiction and liability against a subsequent carrier (most often referred to as a Peterson or Bond-type issue).

In addition to her legal speaking engagements, Angela is actively involved with youth activities in her community. She participates in career day programs at the elementary and high school levels and devotes time to youth mentoring and motivation.

Prior to her career in law, Angela worked as a probation officer and as an advocate for victims of domestic violence.

    • Widener University Delaware Law School (J.D., 2000)
    • Rutgers, The State University of New Jersey (B.A., 1994)
    • New Jersey, 2003
    • Top Women in Law, The New Jersey Law Journal (2016)
    • New Jersey Super Lawyer Rising Star (2010, 2012-2013)
      The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • American Bar Association
    • Camden County Bar Association
    • New Jersey Bar Association
    • Assessing the Injury and Case, NBI: New Jersey Workers’ Compensation Fundamentals: Attain the Best Possible Results for Your Clients, webinar, November 29, 2023
    • Diversity, Equity, Inclusion & the Elimination of Bias in Workers’ Compensation – Why This Matters to You and Your Clients to Achieve the Best Possible Outcome, New Jersey Workers’ Compensation Bench Bar Conference, Edison, New Jersey, December 13, 2022
    • Practicing Workers’ Compensation Law Remotely and COVID-19 Type Cases, Camden County Bar Association CLE program, January 27, 2021
    • Are You Coming or Going – Do You Know Your Course and Scope?, Marshall Dennehey webinar, October 26, 2020
    • Workers' Compensation: Key Concepts and Issues, National Business Institute, Atlantic City, New Jersey, June 2019
    • Navigating Workers' Compensation Processes, Procedures and Forms, National Business Institute, Atlantic City, New Jersey, June 2019 
    • Bad Eggs: Defending Injuries Stemming from Violence in the Workplace, Marshall Dennehey Workers' Compensation Seminar, October 19, 2017
    • Human Resource Law from A to Z, National Business Institute, Cherry Hill, New Jersey, September 20, 2016
    • Anatomy and Physiology 101 for Attorneys, National Business Institute, Atlantic City, New Jersey, October 28, 2015
    • Advanced Workers' Compensation - Selected Issues in Workers' Compensation Law, National Business Institute, Atlantic City, New Jersey, April 27, 2015
    • Career Day, Cramer College Preparatory Lab School, Camden, New Jersey, June 2014
    • Fourth Annual Workers' Compensation Seminar, New Jersey Department of Labor-Division of Workers' Compensation, May 2014
    • Your Top Workers' Compensation Questions – Answered, National Business Institute, Atlantic City, New Jersey, December 12, 2013
    • New Jersey Workers' Compensation Update, Insurance Society of Philadelphia, Affinity Insurance, Hatboro, Pennsylvania, April 13, 2012
    • Overview of New Jersey Workers' Compensation, Atlantic City, New Jersey, May 2010 
    • New Jersey Workers' Compensation Update, Council on Education in Management, 2005 
    • Introduction to New Jersey Workers' Compensation, Sheraton Hotel, Atlantic City, New Jersey, 2005
    • “Celebrating 30 Years of the Defense Digest: A Look at the Last 30 Years in New Jersey Workers’ Compensation,” Defense Digest, Vol. 30, No. 4, December 2024
    • "Navigating the Waters of a Motion for Med and Temp," New Jersey Law Journal, November 9, 2015
    • "Whether Going or Coming, It's Still Not Compensable," Defense Digest, Vol. 19, No. 3, September 2013
    • "Proof? You Can’t Handle The “Proof”!" Defense Digest, Vol. 18, No. 2, June 2012
    • "Appellate Division Upholds Dismissal of Occupational Heart Attack Claim and Claim of Entitlement to Second Injury Fund Involvement," Defense Digest, 2011-09, Vol. 17, No. 3
    • "Determining Who's Liable: Analyzing Causation and Liability Issues When There Are Multiple Carriers, Employers and/or Claims," Defense Digest, 2010-06, Vol. 16, No. 2
    • "Supreme Court Renders Decision Regarding Application of Dependency Rate In Workers’ Compensation Matters," Defense Digest, 2008-12, Vol. 14, No. 4
    • "Applying the Increased Dependency Rate," New Jersey Law Journal, 2008-01-07
    • "The Pending Issue of How To Address the Increased Dependency Rate," Defense Digest, 2007-09, Vol. 13, No. 3
    • Certified by the Supreme Court of New Jersey as a Workers' Compensation Law Attorney, 2017

Results

Medical provider claim petition dismissed, with prejudice.

The parties were litigating a motion for medical treatment in which a physician was recommending an additional spinal surgery. The physician moved forward without authorization and performed spinal surgery on the petitioner. In order to complete the surgery, the physician brought in several ancillary services, including a vendor to perform diagnostic monitoring during the surgery. Following the surgery, the medical provider submitted its bills to the carrier, which were rejected based upon the lack of authorization. After a medical provider claim petition was filed, the respondent filed a motion to dismiss the matter for failure to obtain the requisite statutory authorization. The medical provider argued that it was only providing ancillary services and, therefore, did not require the authorization of the carrier under the New Jersey Workers’ Compensation Statute. The medical provider also argued that they were the “victim” since they were advised by the physician that the procedure was authorized. The judge rejected both arguments, holding that all medical providers including providers that provide ancillary services for surgical procedures, are required to obtain the same authorization for their treatment, or risk not receiving financial reimbursement.

Workers’ comp claim dismissed for lack of jurisdiction and coverage for an occupational accident policy carrier.

The petitioner filed a claim petition within the New Jersey Division of Workers’ Compensation seeking benefits and alleging employment with a trucking company. However, the petitioner had previously obtained an occupational accident policy in the role of an independent contractor. When filing the workers’ compensation petition, counsel for the petitioner erroneously named the occupational accident policy carrier as carrier for the trucking company. Although it would appear clear that jurisdiction and coverage do not exist in such cases, most times it is a lengthy process to have such matters addressed by the court and ultimately dismissed. In this case, we were successful in obtaining the dismissal and ceasing further unnecessary financial costs to the client.

Thought Leadership

Defense Digest

Celebrating 30 Years of the Defense Digest: A Look at the Last 30 Years in New Jersey Workers’ Compensation

December 1, 2024

Key Points:  The term “palliative” is not decisive as to liability to provide treatment. When addressing requests for temporary total disability benefits from former employees, investigate entitlement beyond a doctor’s note changing work status.  There are exclusions to the general principle that injuries during volunteering activities are not compensable. Thinking back to 1994—30 years ago—many of us may not recall where we were or what we were doing. In fact, many readers may not have even been born at the time. However, the celebration of 30 years of Marshall Dennehey’s publication of Defense Digest provides a good opportunity to review a few significant New Jersey workers’ compensation judicial decisions from the last three decades that still impact claims handling today. This article will focus on one decision from each decade.  1994–2004 The first decade, 1994–2004, brought the world such noteworthy events as the debut of the television show “Friends” (1994), the election of Nelson Mandela as President of South Africa (1994), and the unforgettable events of September 11, 2001. The decade also brought a notable New Jersey Appellate Division decision that still raises issues for practitioners today.  In 1995, the Appellate Division analyzed the term “palliative” with regard to a respondent’s liability to provide medical treatment. In Hanrahan v. Township of Sparta, 284 N.J. Super. 327 (App. Div. 1995), the court held that an employer is required to provide such treatment if there is (1) competent medical testimony that (2) the treatment is both reasonable and necessary to (3) cure or relieve the effect of the work-related injury such as to improve ability to function. Prior to that time, defense counsel would use “palliative” as an indicator to cease liability. Per this decision, that is not the legal analysis. However, according to the court, “palliative” treatment could cease if it is no longer curing or relieving the effect of the work-related injury to improve one’s ability to function. Therefore, a practitioner should determine whether these requirements apply when addressing this issue. 2004–2014 The next decade, 2004–2014, brought about additional significant events. The world was introduced to Facebook (2004) and saw the election of Barack Obama as President of the United States (2009). This decade also included the death of music icon Michael Jackson (2009). In addition to these events, this decade brought about important judicial decisions in New Jersey workers’ compensation. Next, we will take a look at one of them. In 2006, the Appellate Division addressed the issue of entitlement to temporary total disability benefits when an injured worker is terminated from employment for reasons unrelated to the work-related injuries and is, thereafter, placed out of work or on modified duty status by the medical doctor. In Cunningham v. Atlantic States Cast Iron Pipe Co., 386 N.J. Super. 423 (App. Div. 2006), the court held that a former employee has the burden of proving that they would have been employed “but for” the work-related disability in order to receive temporary disability benefits. In other words, the work-related disability has to be the reason for the unemployment, not something else.  It is important for practitioners to ask additional questions when a former employee is placed out of work or on modified-duty status following termination. Specifically, practitioners should inquire whether there was any active employment elsewhere, receipt of unemployment benefits, or proof of an active search for employment at the time of the medical change-in-work status. If the lack of employment was due to some other reason (i.e., simply had not sought employment since termination of employment or personal reasons unrelated to the work injury), there would be an argument that temporary total disability benefits are not due. Thorough investigation is key. 2014—2024 Lastly, 2014–2024. During this period, the world witnessed the marriage of Prince Harry and Meghan Markle (2018) and continues to be impacted by the COVID-19 pandemic (2020). In New Jersey, Chief Judge Maria Del Valle Koch was appointed as the first woman Director and Chief Judge of the Division of Workers’ Compensation (2022). In addition to these events, there continues to be important legal decisions. Of those, we will take a look at one New Jersey Supreme Court decision.  In 2021, the court analyzed the compensability issue related to employee volunteers in Goulding v. NJ Friendship House, Inc., 245 N.J. 157 (2021). The court reiterated that an injury is compensable where there was compulsion by the employer for the employee to volunteer and that injuries during purely social or recreational events are not compensable. The court also reviewed the two-prong test used in analyzing the compensability issue for employees volunteering at employer-sponsored events: (1) whether the injury was a “regular incident of employment” and (2) whether the event provided a benefit to the employer beyond improvement in employee health and morale.  When encountering this issue, practitioners should apply the two-prong test to the facts of the claim to determine if it is met. Analysis is very fact sensitive. As such, it is worthwhile to conduct a thorough investigation.  The review of these decisions shows that, although a decision may have been rendered many years ago, it is necessary to be aware of it as it may continue to impact claims handling today. These decisions and analyses can influence your decision as to whether to provide compensation. Defense Digest will continue to be a source of information on legal trends, cases, and updates in the law.  *Angela is a shareholder and member of our Workers’ Compensation Department. She works in our Mount Laurel, New Jersey, office.    Defense Digest, Vol. 30, No. 4, December 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2024 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

What's Hot in Workers' Comp

The New Jersey Appellate Court affirms finding of compensability under Special Mission exception of Coming and Going Rule even though the petitioner sustained severe injuries as a result of his own actions in violation of company policy.

March 1, 2023

The petitioner sustained severe injuries, including loss of the use of an eye, brain trauma and burns, as a result of a B-Tank/gas tank explosion. One issue of contention was that the petitioner had personally placed the B-Tank in his personal vehicle at the end of a workday with the intention of delivering the tank to a customer the following day on his way to work. It was undisputed that the petitioner’s actions violated company and union policies and that he had received training that included notice of the prohibition of using one’s personal vehicle for work and that B-Tanks are not to be stored in confined spaces. Also, it was undisputed that the petitioner was acting on his own accord and not at the direction or assignment of the respondent. Despite the training and policies, the petitioner loaded the tank in his personal vehicle anyway. While on the way to work the following day, the petitioner received a text from a superior in the company, though not his direct supervisor, asking that he pick him up and take him to work. It was while the petitioner was on the way to pick up this individual that he heard a hissing sound in his car. At that point, he remembered he had placed the gas tank in his car but had forgotten to deliver it to the customer. Also, the petitioner had passed the customer’s location. The petitioner “stopped on the side of the road, opened all the windows, got out of his car, and went to the rear of his vehicle. As petitioner opened the hatch of his vehicle, the B-Tank exploded.”  Following a trial on the petitioner’s motion for medical and/or temporary disability benefits, the Judge of Compensation held the incident to be compensable. The judge held that the  “special mission” exception applied, finding that: (1) the petitioner had “embarked upon a special mission of delivering the B-Tank to the customer and that mission had not ended” before the accident and (2) the petitioner was engaged in a special mission for the respondent when he was driving to pick up the higher-up in the company. The respondent appealed. The Appellate Court heard the matter and affirmed the lower court’s decision. It is noted that the respondent made the following arguments, which were rejected by the Appellate Court:  1.    the petitioner’s injuries did not arise out of and in the course of his employment;  2.    the legal determinations made by the judge were not supported by the facts;  3.    the petitioner was not injured while engaged in a special mission as he was not asked to deliver the B-Tank outside of work hours or in his personal vehicle, in violation of policies and training, and the petitioner could have refused to pick up the higher-up that morning; 4.    the petitioner should be precluded from receiving benefits as he had engaged in reckless and unreasonable behavior by placing the B-Tank in his personal vehicle; and  5.    the claim was not covered by the Workers’ Compensation Act due to the petitioner’s willful failure to make use of reasonable and proper personal protective devices.  It is noted that the respondent raised the final argument for the first time at appellate level.  In rejecting those arguments, the Appellate Court found that there existed substantial, credible evidence supporting the judge’s finding that the petitioner was on a special mission for the respondent when he was en route to pick up the higher-up. With that finding, the Appellate Court indicated that it was not necessary to address whether the petitioner was also on a special mission to deliver the B-Tank to the customer.  Specifically, the court concentrated on the fact that the petitioner was en route to pick up someone in a high level of authority for the respondent, at the request of that individual, when the incident occurred. The court also focused on the fact that it was during this commute that the tank exploded. The court affirmed the judge’s finding that the petitioner was performing a “special mission” at the time of the explosion, thus, making the incident compensable. Although the court indicated that it was not addressing the petitioner’s actions in placing the tank into his personal vehicle against policy and training, it did comment that negligence or a foolhardy action by a petitioner does not necessarily remove an incident from the realm of compensability, hinting that compensability still would have been found.   What’s Hot in Workers’ Comp, Vol. 27, No. 3, March 2023 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

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

New Jersey Supreme Court Strengthens the Ongoing Storm Rule in Gallardo v. Walmart

The New Jersey Supreme Court recently expanded the protection afforded by the ongoing storm rule, under which commercial property owners generally have no duty to remove snow or ice while precipitation is actively falling absent unusual circumstances or a preexisting hazardous condition. In Gallardo v. Walmart, No. A-65-24 (N.J. July 30, 2026), the court significantly narrowed a common avenue plaintiffs have used to avoid summary judgment, holding that “ordinary efforts” to address winter conditions during an ongoing storm do not become actionable merely because an expert later claims those efforts made the conditions more dangerous. The case arose from a typical winter slip and fall. Mixed precipitation began around 11:30 a.m. Walmart's snow-removal contractor arrived about an hour later and salted the parking lot and walkways. Because accumulation was minimal, ranging from trace to 1/10th of an inch, the contractor did not plow. The plaintiff fell approximately 15 minutes after the salting was completed. The plaintiff did not contend that Walmart failed to respond to the storm. Instead, she argued that Walmart responded improperly. Her expert opined that salting without pretreating the lot caused melting and refreezing that resulted in black ice. That theory survived two summary judgment motions and ultimately persuaded a jury, which returned a verdict of approximately $1.33 million. The Appellate Division vacated the verdict because the jury had not been properly instructed on the ongoing storm rule, but remanded the matter for a new trial. The New Jersey Supreme Court reversed in a 4-3 decision and directed entry of summary judgment for Walmart. Applying Pareja v. Princeton International Properties, 246 N.J. 546 (2021), the Court concluded that Walmart's conduct fell within the protections of the ongoing storm rule. Salting a trace accumulation during an active storm was ordinary remediation, not the type of unusual circumstance that could give rise to a duty. The court further held that expert criticism of those efforts was insufficient to change that result. Following Pareja, plaintiffs frequently argued that a property owner forfeited the protection of the ongoing storm rule whenever an expert could identify some alleged flaw in the owner's response to the storm. Gallardo rejects that premise. The decision recognizes that imposing liability based solely on expert criticism of ordinary snow removal efforts would discourage property owners from taking any action during a storm and would undermine the very purpose of the doctrine. The ruling warrants a fresh look at pending winter premises liability cases involving active precipitation, minimal accumulations, mid-storm salting, alleged failures to pretreat, or expert opinions premised on melting-and-refreezing theories. Cases previously viewed as presenting substantial trial exposure may now be stronger candidates for summary judgment. At the same time, Gallardo does not eliminate all potential liability during an ongoing storm. A preexisting hazardous condition or genuinely unusual affirmative conduct may still support the imposition of a duty. Plaintiffs will also likely attempt to distinguish Gallardo based on the nature of the remediation efforts at issue and the specific facts of a case. The bottom line is that Gallardo strengthens the ongoing storm rule by restoring it as a meaningful summary judgment defense. Now, “ordinary” efforts to address winter conditions during an active storm do not become "unusual circumstances" simply because a plaintiff retains an expert to say they could have been done differently

Thought Leadership

Not So Fast. . . The Limitations of the Pennsylvania RELRA in Plaintiffs’ Civil Actions Against Real Estate Broker and Licensee Defendants

Much has been made of the importance and weight of the Pennsylvania Real Estate Licensing and Registration Act, 63 P.S. §§ 455.101, et. seq. (RELRA or Act). After all, a real estate broker generally cannot recover any commission absent a signed agreement that complies with RELRA. But can a plaintiff rely on RELRA as a distinct cause of action in a civil action as to a real estate broker or licensee defendant? The Superior Court has emphatically held that he or she cannot. In the unpublished opinion P. Perez Real Est. Holdings, LLC et. al. v. Home Sale Real Est. Servs., Inc., et al., No. 256 MDA 2025, 2025 WL 35389888 (Pa. Super. Ct. December 10, 2025), the Superior Court held that the Act “does not contemplate private actions for money damages as an enforcement mechanism and consequently, does not create a private cause of action.” citing Schwarzwaelder v. Fox, 895 A.2d 614, 620 (Pa. Super. 2006). While the Act authorizes the Bureau of Professional and Occupational Affairs, State Real Estate Commission, to regulate the conduct governed by RELRA, the Act alone does not create a stand-alone legal cause of action as to a broker-defendant in a civil action. See P. Perez, citing Schwarwaelder at 620. Nor can it be stated that RELRA creates or imposes any legally cognizable duties on real estate brokers or licensees. While the Act contains and refers to general concepts of duty (e.g. the agent must “exercise reasonable professional skill and care which meets the practice standards required by this act” and “to deal honestly and in good faith” 63 P.S. §§606.1 (a)(1),(2), or the broker has a duty to the buyer of property to take “action that is consistent with the buyer’s interest in transaction.”  63 P.S. §§606.3 (1)), these general concepts are secondary to the duties imposed by the required written agreement between the broker and consumer. For example, in P. Perez, a case in which the buyers-plaintiffs argued that the real estate broker failed to investigate recent legislation that would affect buyer’s intentions to convert the property to commercial space, the agreement between buyer and broker contained the following provision in the “Buyer’s Due Diligence” clause: Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent examination or determination of the structural soundness of the property, the age or condition of the components, environmental conditions, the permitted uses, nor of conditions existing in the locale where the property is situated. . . Accordingly, the broker defendants expressly disclaimed any duty to buyers to inform them or determine whether any applicable zoning classifications, laws, or ordinances in the township applied to the properties in question. Moreover, the Superior Court refused to read provisions of the Act into the Agreement, citing Skiff re Buss, Inc. v. Buckingham Review, LP, 991 A.2d 956 (Pa. Super. 2010). In defending civil actions it is important for the defense attorney to identify any causes of action predicated solely on RELRA. Preliminary objections may be warranted to the extent that the plaintiff asserts RELRA as a stand-alone cause of action for monetary damages, a position struck down by the Superior Court of Pennsylvania in P. Perez.  Moreover, any attempt to create or heighten duties as to the broker defendants may be countered by the general proposition that the courts will not inject the vague concepts of “reasonable professional skill” or “good faith” where the written agreement has express provisions regarding the duties of the parties. Ironically, although RELRA is an important Act with which all realtors, brokers, and licensees should be familiar to guarantee that their commissions are in fact timely paid, it is not a strong stand-alone mechanism for a plaintiff’s attempts to recover monetary damages in a civil action.

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants

Thought Leadership

Pennsylvania Superior Court Confirms RESDL Claims Are Subject to a Two-Year Statute of Repose

The Pennsylvania Superior Court recently concluded that claims under the Real Estate Seller Disclosure Law (“RESDL”) are subject to a two-year statute of repose running from the settlement date. This decision will further assist defending errors and omission claims against real estate agents as it bars any RESDL action commenced more than two years after the settlement date regardless of when the defect was discovered.  In Hollinger v. Deitrich, 2026 Pa. Super. LEXIS 328 (June 23, 2026), the buyers entered into an agreement of sale in April of 2017 to purchase a residential property. The settlement occurred in June of 2017. The buyers reviewed the seller disclosures that revealed the property had a sump pump in working order and a sump pit. The disclosures further noted no water infiltration into the basement, but disclosed rehab, an addition to the property and prior sewage backup.  Shortly after the settlement and closing, the buyers experienced flooding in their basement. In March of 2020, the buyers filed suit against the seller, the buyers’ real estate agent and broker and the seller’s real estate agent and broker alleging various causes of action including a violation of RESDL. The buyers alleged that they sought assurances from the agent defendants that no water infiltration occurred on the property. They further alleged that both agents lived in the area and should have known about the neighborhood water infiltration issues. The trial court granted summary judgment for the seller and the seller’s agents and dismissed the RESDL violation.  Relying on the Supreme Court’s decision in Gidor v. Mangus d/b/a Mangus Inspections, 345 A.3d 629 (Pa. 2025), the court explained that a statute of limitation begins to run from the time of the injurious occurrence or a discovery of the same. However, a statute of repose runs for a statutorily determined period after a definitively established event. Notably, a statute of repose eliminates a cause of action regardless of when the claim accrues. Because of this, a plaintiff may not invoke the discovery rule or other equitable tolling considerations.  RESDL requires that an action for damages, as a result of a violation of this chapter, must be commenced within two years after the date of final settlement. The court found that Section 7311(b) was clear and unambiguous that an action for damages pursuant to this chapter must be commenced within a certain time after a definitely established event that is independent of any injury or discovery of any injury. Since the buyers sued over two years after closing on the property, their statutory claims were time-barred. The court explained that the seller disclosure statement could not support common law or consumer protection claims, as using it would improperly expand remedies beyond the statute’s terms. Accordingly, the court upheld the trial court’s summary judgment ruling that the buyers’ claims under RESDL were barred by the statute of repose.  Accordingly, defense counsel should scrutinize complaints involving RESDL claims to ensure that such claims have been timely brought within two-years of the settlement date. A plaintiff will no longer be able to invoke the discovery roll to expand the time frame.