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Arthur F. Wheeler

Shareholder

AFWheeler@mdwcg.com

Portrait of Arthur F. Wheeler

Art is a shareholder in the Casualty Department and a member of the firm's Fraud and Special Investigation Unit (SIU) group where he focuses primarily on large loss and medical provider fraud.  His practice in the area of fraud investigation consists of assessing and analyzing fraud by both medical providers and falsified claims brought by his client's insureds.

Art has also represented a large number of product manufacturers, designers and distributors in products liability actions. Additionally, he has defended numerous restaurants, hotels and businesses in premises liability claims involving allegations of serious and permanent injuries. 

Art has also defended complex professional liability matters with an emphasis on defense of attorneys in legal malpractice matters; real estate agents and brokers  as well as architects, engineers, directors and officers.

Art has successfully arbitrated and mediated approximately 100 cases in the Superior Court of New Jersey and Common Pleas Courts of Pennsylvania.

In 1990, Art graduated, cum laude, from St. Joseph's University. Following graduation, he attended Georgetown University Law Center and received his juris doctor in 1993. He worked as a law clerk for the United States Department of Justice while he was a student at Georgetown. In addition Art went on to earn his LLM Degree in Trial Advocacy from Temple University in 1998. In 2009, Arthur received an AV Preeminent peer review rating from Martindale-Hubbell which he has maintained in each of the subsequent years.

    • Temple University Beasley School of Law (LL.M., 1998)
      • Trial Advocacy
    • Georgetown University Law Center (J.D., 1993)
    • Saint Joseph's University (B.A., cum laude, 1990)
    • New Jersey, 1993
    • Pennsylvania, 1994
    • U.S. District Court District of New Jersey, 1993
    • U.S. District Court Eastern District of Pennsylvania, 1995
    • AV® Preeminent™ by Martindale-Hubbell®
      The Martindale Hubbell rated attorney list is issued by Internet Brands, Inc. 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
    • Burlington County Bar Association
    • Camden County Bar Association
    • New Jersey Bar Association
    • “Statutory Exemption from Consumer Fraud Act for Realtors,” Defense Digest, December 2018, Vol. 24, No. 4
    • “Disqualification of Counsel and the Substantially Related Matters Test,” Defense Digest, Vol. 16, No. 4, December 2010
    • "Defense of Legal Malpractice Claims Asserted by Non-Clients," Defense Digest, Vol. 13, No. 4, December 2007 
    • "You Sold The Land But Did You Keep The Liability?," Defense Digest, Vol. 12, No. 4, December 2006 
    • Obtained summary judgment on behalf of a real estate closing attorney in a matter filed in Cape May County, New Jersey, involving the refinance of a marital home in connection with a divorce settlement. The plaintiff's claims of legal malpractice, misrepresentation, and detrimental reliance upon our client's advice and actions were successfully defeated. 
    • Obtained summary judgment and successfully defended an appeal of the dismissal on behalf of a deputy surrogate of Mercer County, New Jersey. The trial court's decision was upheld, which granted summary judgment in connection with the administration of an estate involving properties worth several million dollars in New Jersey and Pennsylvania. 
    • Obtained summary judgment for a well-known Camden County plaintiff's law firm which had been sued for legal malpractice by their former client because the underlying personal injury matter had been dismissed by the trial court. Summary judgment was granted since the plaintiff could not prove that the necessary doctor's report, setting forth the analysis to overcome the New Jersey verbal threshold statute, would have been unable to be obtained by the plaintiff in the underlying matter. 
    • Obtained dismissal of a legal malpractice claim against a large, well-known plaintiff's firm in New Jersey in which the plaintiff was counseled by one of the two original defendant law firms concerning a workers' compensation claim for asbestosis. Subsequently, the first firm referred the matter to the other co-defendant firm for handling. Our client was asked to consult for a potential third party asbestos claim against the asbestos manufacturer. We successfully argued that the claim was referred to our client for review after the statute of limitations and, further, we argued that there was no attorney-client relationship with the plaintiff in the underlying matter, nor was there any duty owed to the referring law firm. 
    • Obtained summary judgment in a legal malpractice action by successfully arguing that our client's actions in representing the plaintiff in connection with the appeal of his police sergeant's exam in Camden County, New Jersey, were not the proximate cause of the unsuccessful appeal. Although our client did not file an Appellate Brief within the time prescribed by the court, we successfully argued that the underlying sergeant's exam appeal would have been rejected by the Appellate Division even if the filing deadline had been met by the client. 
    • Obtained dismissal of a dram shop, premises liability case by showing through deposition testimony that our client did not serve the plaintiff while visibly intoxicated. 
    • Obtained summary judgment in a premises liability claim against a restaurant in southern New Jersey in which the plaintiff claimed to have fallen, sustaining knee injuries and an aggravation of an arthritic condition. The court granted summary judgment in the matter where the plaintiff admitted in depositions that she could not describe the area where she fell. Further, emergency room records showed that the plaintiff, in fact, went to the emergency room on the day before the subject accident. 

Results

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Defense Verdict Affirmed in Complex Legal Malpractice Case

We successfully defended an appeal in a complex series of legal malpractice actions arising out of an $11 million investment in an illegal venture in Brazil. In the initial trial, the plaintiff’s economic loss expert had offered a net opinion in connection with what plaintiff would have earned from the illegal venture in Brazil. We established the plaintiff’s knowledge of that illegality, which had been demonstrated in the previous legal malpractice action. Accordingly, the plaintiff’s expert report was barred in the first legal malpractice action, the doctrine of collateral estoppel applied, and the Appellate Division affirmed the trial court’s order, which barred the expert report in the second legal malpractice action. In addition, the court found that profits derived from the illegal venture are worthless and cannot form the basis for a claim.

Dismissal of Complex Legal Malpractice Action

We obtained a dismissal of a legal malpractice action arising from a Law Against Discrimination and Conscientious Employment Practices Act action against a municipality and its School Board. In this complex multi-party action, our client, an expert in school law, was retained by the school district to handle a hearing against the plaintiff, a teacher and coach. The plaintiffs alleged a conspiracy among the lawyers and the school board to oust the plaintiff. There were also allegations of malicious prosecution and malicious abuse of process against the town and its attorneys. The court granted our motion and dismissed based on the litigation privilege.

Firm Highlights

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.

empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent

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

State of Insurance: Q2 Notes From Pennsylvania

Jason Banonis Holds PDI Attorney of the Year Award with the PDI President

News

Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute

Thought Leadership

The Best Defense is Already in the File: Documentation in Civil Rights Litigation

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

News

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

News

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

Thought Leadership

Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

On July 23, 2026, the Ohio Supreme Court issued a rare opinion on the binding effect of an appraisal award in a property insurance policy.  The Court in One Church held: A binding appraisal award will not be set aside unless an error is so palpably wrong that it undermines the intent of the agreement, such as corruption or gross mistake, not a mere error of judgment—To plead a claim of mistake with particularity as required by Civ.R. 9(B), facts alleged in a complaint must constitute the elements of mistake—Allegation that additional, hidden damage was discovered after appraisal award failed to state a claim of mistake that could justify setting aside binding appraisal.  The case arose out of a claim brought by One Church against its insurer, Brotherhood Mutual Insurance Company for roof damage from a storm. Pursuant to the terms of the insurance policy, the parties agreed to submit the matter to appraisal. The two appraisers inspected the building, and both appraisers agreed that the damages were $313,271.98. The insurer paid the agreed appraised amount.  Thereafter, the insured submitted a claim for an additional $206,663.09 in damages. The insured argued that these additional damages were not discovered until after the repairs began, and that they should be permitted to submit an additional claim, even though there had already been a binding appraisal of damages. The insurer refused to pay the additional damages, and the insured sued for breach of contract and bad faith.  In the trial court, the insurer moved to dismiss for failure to state a claim, arguing that the binding appraisal award barred any further claims. The insured took the position that additional hidden damages could not be discovered until after the repairs began, and therefore there was a mutual mistake. The trial court dismissed the case on the insurer’s motion, because there was no “evidence of fraud, misfeasance, or mistake”. The Court of Appeals agreed that appraisal awards are generally binding, but noted that an appraisal award can be set aside for fraud or manifest mistake. The Court of Appeals reversed and remanded the case to the trial court, finding that the insured had pled mistake with sufficient particularity. The insurer appealed to the Ohio Supreme Court. On appeal, the Ohio Supreme Court reversed the Court of Appeals, and reinstated the trial court decision dismissing the case for failure to state a claim upon which relief can be granted. The Supreme Court found that since the insured had already demanded appraisal, and the appraisal award was binding, “something more than error of judgement, such as corruption in the arbitrator, or gross mistake” must be pled with particularity, and proven for the insured to override the appraisal award. Since the complaint did not allege fraud or manifest mistake with sufficient particularity, something more than a mere error of judgment, the complaint was insufficient to state a claim.  The complaint in this case did not challenge the appraisal award. It pled that additional damages were discovered that were not apparent when the appraisal was done. It did not specify “who discovered the damages, how they were discovered, where they were found, why they were previously hidden, or why they rise to the level of a manifest mistake that the “appraiser would have corrected...had it been called to his attention”. Id at ¶22 citing Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970). Cases deciding the effect of appraisal awards are unusual. The Ohio Supreme Court’s decision in One Church relies primarily on 19th century case law for its conclusion. This emphasizes the fact that there is minimal case law deciding the effect of binding appraisal clauses in property insurance policies, and makes this case all the more significant. A lengthy dissent was written by Justice Fisher, who would have affirmed the Court of Appeals decision reversing and remanding the case for a decision on the merits. Of course, the decision works both ways, and an insurer dissatisfied with a binding appraisal award will likewise be without further recourse absent evidence of corruption, fraud, misfeasance, or manifest mistake, which must be pled with particularity. To constitute manifest mistake, “the mistake must be of such character that the arbitrator or appraiser would have corrected it had it been called to his attention.”  Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970).  The majority opinion does not specifically identify what would have been sufficient to plead mistake with particularity, or if the insured could have amended the complaint to overcome the deficiencies. The dissent argues that this was not really a case alleging mistake, but rather a question of contract interpretation. The insured did not challenge the appraisal, but argued that the hidden damage was not part of the appraisal, and the appraisal only covered the known damages.  However, this argument did not carry the day with the majority.  *Thomas F. Glassman, a shareholder in Marshall Dennehey’s Cincinnati office, filed a brief in the Ohio Supreme Court on behalf of the Ohio Association of Civil Trial Attorneys, in support of the insurer’s position.