.

Brad is a shareholder in the Casualty Department and concentrates his practice on the defense of companies and individuals in a wide array of civil litigation matters. He has successfully litigated cases involving automobile and trucking liability, premises liability, breach of warranty, insurance coverage/bad faith litigation and general liability matters. Brad’s experience includes efficiently managing files from inception through settlement or verdict. Brad also has significant alternative dispute resolution experience, having resolved hundreds of cases through mediation and arbitration throughout Pennsylvania.

Additionally, Brad handles fraudulent claims as part of our Fraud and SIU group. He conducts Examinations Under Oath, depositions, mediations, and appears for bench trials and arbitration hearings.

Brad has been awarded an AV® Preeminent™ rating by Martindale-Hubbell. Throughout his career, he has been active in the preparation of articles in his fields of concentration and has given numerous presentations to clients regarding various casualty defense-related matters. 

In addition to his legal practice, Brad is involved with several organizations throughout the community. Brad is a USA Hockey On-Ice official and officiates games at the high school and college levels throughout the tri-state area. Brad performs legal pro-bono work on behalf of the Wills for Heroes Foundation, providing wills and powers of attorney to police officers and EMTs. Formerly, Brad served as a founding member of the Board of Directors for the Gift of Adoption Fund-Pittsburgh Chapter, a national charitable organization.  

Brad is a 2010 graduate of West Virginia University. He received his juris doctor from the Case Western Reserve University School of Law in 2013, where he served as an executive editor of the school’ Journal of Law-Medicine. While in law school, Brad received a merit-based academic scholarship for outstanding academic performance.
 

    • Case Western Reserve University School of Law (J.D., 2013)
    • West Virginia University (B.S., 2010)
    • Pennsylvania, 2013
    • U.S. District Court Western District of Pennsylvania, 2013
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers: Ones to Watch®, Insurance Law; Personal Injury Litigation - Defendants (2021-2025)
    • The Best Lawyers: Ones to Watch©, Product Liability Litigation – Defendants (2024-2025)
    • Pennsylvania Super Lawyers Rising Star (2023-2026)
    • Allegheny County Bar Association
    • American Bar Association
    • Gift of Adoption Fund, Board of Directors
    • West Virginia University Alumni Association, Pittsburgh Chapter, Board of Directors
  • Obtained a defense verdict following a jury trial related to an automobile accident.  Brad’s client admitted to liability for causing the accident at trial. Despite this admission, during trial Brad was able to convince the jury that Plaintiff’s limited tort selection applied and that her alleged injuries did not breach the limited tort threshold. The jury returned a verdict against Plaintiff on the limited tort issue, resulting in a complete defense verdict.

    Secured an extremely favorable verdict following a jury trial solely on damages arising out of a motor vehicle accident. Plaintiff alleged a collision with the Defendant’s large truck caused serious head and neck injuries. Through cross examination, Brad was able to demonstrate the Plaintiff’s injuries were largely related to significant pre-accident and degenerative medical conditions. At the conclusion of trial, the jury awarded Plaintiff less than four percent of her settlement demand.

    Negotiated a mid-trial settlement equivalent to less than six percent of the Plaintiff's demand on behalf of an automotive dealership. The Plaintiff sought compensation for spinal injuries allegedly caused by a hazardous condition on the company's premises. Extensive discovery revealed the Plaintiff had a pre-existing history of spinal issues unrelated to the incident in question. Additionally, evidence from social media and surveillance was leveraged to undermine the credibility of the Plaintiff's allegations. The case was settled just prior to opening statements.

    Successfully defended a national carsharing company, resulting in a dismissal of all claims. The case involved a multi-party suit arising out of a commercial auto accident. Through aggressive pleading, Brad obtained a dismissal by arguing that both Federal and State law provisions prohibited any claims against the company. Brad additionally argued the facts as set forth in Plaintiff’s Complaint failed to establish any duty and/or breach on the client’s behalf.

    Obtained a favorable settlement in seven-figure lawsuit, involving a tractor-trailer accident. Following significant discovery, Brad was able to secure a settlement significantly below Plaintiff’s initial demand, after uncovering pre-accident medical records, which identified various inconsistencies related to Plaintiff’s alleged medical damages.

    Secured a dismissal of Plaintiff's claims via a Motion for Summary Judgment in a lawsuit involving a six-vehicle commercial automobile accident. Brad argued Plaintiff's own deposition testimony, along with documentary evidence failed to establish any negligence on the part of the Defendant.

    Secured a favorable verdict in a non-jury trial based on an alleged breach of an automobile warranty. Following testimony, the judge awarded less than ten percent of Plaintiff’s pre-trial settlement demand.

    Successfully defended an insurance company in multiple direct lawsuits brought by an insured. Plaintiff alleged property damages arising out of a motor vehicle accident. Plaintiff also alleged, in a separate lawsuit, that the insurance company failed to comply with the terms of a warranty and acted in bad faith. Brad argued that Plaintiff lacked standing to bring these suits, while also disputing the merits of Plaintiff’s allegations. The cases were dismissed via a Motion for Judgment Non Pros and a Motion for Summary Judgment.

    Secured a dismissal of all claims via Summary Judgment on behalf of a national grocery store chain. Plaintiff alleged she was caused to fall in the store due to an accumulation of a wet substance. Deposition testimony and written discovery revealed that Plaintiff could not identify what the substance was, how long it had been present, or whether the store had notice of the substance. Based upon this the Court granted the store’s Motion for Summary Judgment.

    Negotiated a favorable settlement in a six-figure UIM/Bad Faith case. Discovery and deposition evidence revealed Plaintiff had pre-existing injuries, which were not initially reported. Research further revealed Plaintiff working a second, under-the-table job during her alleged disability period. This information eventually led to a successful settlement on behalf of our client.

    Secured a dismissal of Plaintiffs' claims in a product liability lawsuit brought against a national manufacturer. Plaintiffs alleged they sustained property damage due to a defective washing machine. Brad argued that Plaintiffs could not establish the requisite expert testimony to pursue a specific design theory; or the requisite documentary evidence to proceed under a malfunction theory. As a result, the Court granted the Defendant's Motion for Summary Judgment.

    Obtained Summary Judgment on behalf of an insurance agency in a seven-figure negligent procurement case. The trial court’s ruling was based upon a determination of a lack of fiduciary duty, misrepresentation, and causation on behalf of both the insurance agent and agency.

    Successfully defended a global food service corporation against a Plaintiff alleging various violations under 42 U.S.C. 1981 and 42 U.S.C. 1985. In our client’s Motion for Judgment on the Pleadings, Brad argued Plaintiff’s section 1981 right to contract claims were invalid as she failed to demonstrate any contractual impairments. Brad argued Plaintiff’s section 1985 claims were barred by the intracorporate conspiracy doctrine, as the alleged conspiracy involved two employees of the same company. Plaintiff’s claims were dismissed in their entirety.

    Obtained a defense judgement at arbitration on behalf of an apartment complex in a case involving a Plaintiff's suit for invasion of privacy and negligent infliction of emotional distress. Brad argued that Plaintiff's claims for invasion of privacy were legally insufficient, as there existed no proof of an actual intrusion. He further argued that Plaintiff could not pursue her negligent infliction of emotional distress claim, as she suffered no physical harm.

    Obtained multiple defense judgments on behalf of various auto manufacturers involved in breach of warranty lawsuits.

    • Defense Litigation: Key Concepts and Current Developments, Marshall Dennehey Client Seminar, March 2026
    • Defense Perspectives: Bodily Injury and Bad Faith Claims, Marshall Dennehey Client Seminar, April 2025
    • Discovery 2.0: Understanding and Utilizing New-Age Discovery Sources, ClaimsXChange Annual Conference, October 2024
    • Northeastern Casualty and Worker’s Compensation Litigation Trends, Marshall Dennehey Client Seminar, June 2024.
    • Auto and Premises Liability Case Strategy and Evaluation, Marshall Dennehey Client Seminar, May 2024
    • Pennsylvania and New Jersey Defense Litigation Updates and Strategies, Marshall Dennehey Client Seminar, June 2023
    • Pennsylvania Transportation Claim Valuation, Marshall Dennehey Client Seminar, September 2022
    • Continuing Impact of COVID-19 & Case Law Updates, Marshall Dennehey Client Seminar, March 2022
    • Best Practices for Claim Log Notes, Marshall Dennehey Client Seminar, June 2021
    • Special Damages in Auto and Trucking Claims in Pennsylvania, Marshall Dennehey Client Seminar, January 2020
    • Arbitration – Practice and Procedure, Marshall Dennehey Internal Presentation, June 2019
    • Social Media Evidence, Marshall Dennehey Client Seminar, February 2017
    • Premises Liability Claims in Pennsylvania, Client Seminar, June 2015
    • UIM/UM & Bad Faith Law Updates, Client Seminar, May 2014  

Results

Thought Leadership

CLM Magazine

Paul Miller's Law: Direct and Punitive Transportation Exposure

March 18, 2026

As we turn the calendar to another year, Paul Miller’s Law (Pennsylvania’s Distracted Driving Law) moves from a newly enacted statute into an established feature of Pennsylvania’s transportation law. What began in 2025 as a phased-in regulatory change, now enters 2026 as a fully enforceable rule that drivers, employers, and insurers are expected to understand and account for. While Paul Miller’s Law does not represent a fundamental shift in liability standards, it does add an additional point of consideration for companies whose operations include employee driving. Understanding how the law may be referenced in practice will be necessary to managing exposure, guiding internal policies, and driving defense strategy in transportation litigation. Read the full article here: Paul Miller’s Law: Direct and Punitive Transportation Exposure/Articles/CLM Magazine. 

PAMIC Pulse

From Instagram to the Jury: Lessons in Digital Evidence Authentication

October 1, 2025

In an era when nearly every potential litigant carries a digital record of their daily life, social media evidence has become a staple in both criminal and civil proceedings. Text messages, direct messages, posts, and even audio files shared over social media platforms can provide critical insights into liability, damages, and credibility. Yet, as the Pennsylvania Superior Court’s decision in Commonwealth v. Floyd, 2025 WL 1905168 (Pa. Super. 2025) demonstrates, such evidence cannot be taken at face value. Its admission requires proper authentication, and failure to meet these standards can result in exclusion—even when the evidence seems obviously relevant.

Firm Highlights

Thought Leadership

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Legal Roundup: Pennsylvania The Pennsylvania Superior Court has reinforced a broader fact-pleading approach that may make it more difficult for health care defendants to obtain dismissal at the preliminary objection stage. In DaSilva v. Abington Memorial Hospital, the court held that the plaintiffs’ second amended complaint satisfied Pennsylvania’s fact‑pleading requirements despite the absence of individually named negligent actors. In DaSilva, the plaintiffs filed a second amended complaint alleging that Abington Memorial Hospital was directly and vicariously negligent after the patient, who was experiencing a mental health crisis, was left unattended by hospital staff, exited the emergency department, and was struck by a vehicle, suffering serious injuries. The trial court sustained the hospital’s preliminary objections and dismissed the complaint with prejudice, stating plaintiffs “failed to plead any material factual allegations in support of their claims of negligence [and] set forth vague allegations of negligence and unidentified agency.” Id. at *5. The plaintiffs appealed. On appeal, the Superior Court reversed, holding that the complaint sufficiently pled negligence and vicarious liability claims under Pa.R.C.P. 1019(a). The court concluded that allegations describing the patient’s condition, the hospital’s awareness of that condition, and the alleged failure to monitor or prevent elopement were adequate to satisfy Pennsylvania’s pleading requirements. Significantly, the court rejected the hospital’s argument that the complaint failed because it did not identify the specific employees responsible for the alleged negligence. Instead, the court found that generalized references to “emergency room staff” were sufficient to place the hospital on notice of the claims because “the names of those who performed services for the plaintiff are known to the defendant or can be ascertained during discovery.” Id. at *12 (citing Est. of Denmark ex rel. Hurst v. Williams, 117 A.3d 300, 307 (Pa. Super. 2015)). The effect of DaSilva is that plaintiffs may proceed past the pleading stage with relatively generalized allegations, particularly in cases involving institutional defendants where relevant details are uniquely within the defendant’s control. As a result, health care defendants should anticipate that challenges to claim sufficiency may be resolved in the later stages of litigation, including discovery and summary judgment.

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. 

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

The Ohio Supreme Court Extends Sham-Affidavit Rule to Contradictory Expert Reports

Legal Roundup: Ohio In its June 23, 2026, decision in Moore v. Mercy Medical Center, the Ohio Supreme Court upheld a trial court’s decision to strike an expert witness’s affidavit that contradicted the opinions expressed in the expert’s prior report. This case pertains to allegations of medical malpractice after plaintiff Cheri Moore gave birth to an infant in respiratory distress who required intubation. Moore alleged that a delay in ordering an emergency cesarean section resulted in the need for intubation, causing her child’s injuries. Specifically, Moore sued Dr. Meniru, who completed his first shift at 7:00 a.m. on May 28, 2015, and did not resume treating Moore until 7:00 a.m. on May 29, 2015. One of Moore’s expert witnesses authored a report stating that the doctors, including Dr. Meniru, deviated from the standard of care by not advocating for a cesarean section in the evening of May 28, 2015. Based on this report, Dr. Meniru moved for summary judgment, arguing that the alleged breach occurred during a period when he was not on duty. In response to the summary judgment motion, the plaintiff filed an affidavit from the same expert. Although the expert expressly incorporated his previous report into his affidavit, he also offered an additional opinion: that Dr. Meniru breached the standard of care by failing to begin a cesarean section within 30 minutes of receiving reports of fetal distress. Dr. Meniru filed a motion to strike the expert’s affidavit, arguing that it contradicted the opinions set forth in his prior report in violation of the sham-affidavit rule. The sham-affidavit rule applies to “a contradictory affidavit that indicates only that the affiant cannot maintain a consistent story, or is willing to offer a statement solely for the purpose of defeating summary judgment”. Moore, supra, at ¶ 19, citing Pettiford v. Aggarwal, 126 Ohio St.3d 413, 2010-Ohio-3237. The trial court granted both the motion to strike and the motion for summary judgment, and the Fifth District affirmed. The Ohio Supreme Court accepted two questions of law: (1) whether the sham-affidavit rule applies when the sworn testimony contradicts prior unsworn statements; and (2) whether an inconsistency within the affidavit goes to credibility or admissibility, justifying an order striking the affidavit. Previous rulings by the Ohio Supreme Court regarding the sham-affidavit rule have pertained to contradictions between an affidavit and sworn deposition testimony. See, e.g., Byrd v. Smith, 2006- Ohio-3455, 110 Ohio St.3d 24, 850 N.E.2d 47. However, here, the Court was asked to apply the same rule to contradictions between a sworn affidavit and an unsworn expert report. The Court held that, because Moore’s expert incorporated his prior report into his affidavit, he effectively adopted the report as part of his sworn testimony.