.

Casey is a member of the Appellate Advocacy & Post-Trial Practice Group, where he focuses his practice on appellate advocacy, post-trial motions, and appeals. A highly accomplished appellate attorney, Casey has extensive experience before Pennsylvania’s highest court. Over the course of his career, he has represented parties and amici curiae in more than 15 appeals before the Pennsylvania Supreme Court and has successfully secured discretionary review, widely known as “allocatur,” on six occasions. He has also presented oral argument before the U.S. Court of Appeals for the Sixth Circuit, the Pennsylvania Supreme Court, the Pennsylvania Commonwealth Court, and the Pennsylvania Superior Court.  Casey is a frequent commentator on appellate matters, contributing insights to The Legal Intelligencer and Law360 on cases pending before Pennsylvania’s appellate courts.

In addition to his robust appellate practice, Casey maintains an active commercial litigation practice and brings significant first-chair trial experience. He regularly represents businesses in high-stakes, “bet-the-company” litigation in state and federal courts nationwide. His experience spans a wide array of matters, including breach of contract, breach of fiduciary duty, civil conspiracy, constitutional challenges, emergency injunctive relief, environmental disputes, restrictive covenant litigation, shareholder disputes, and trade secrets claims. He also represents clients in matters within the original jurisdiction of the Pennsylvania Commonwealth Court.

Casey serves as Chair of the Supreme Court of Pennsylvania’s Civil Procedural Rules Committee, where he assists the Court in the development and administration of the Pennsylvania Rules of Civil Procedure. He is also a Board Member of the Pennsylvania Commonwealth Court Historical Society; Co-Chair of the Pennsylvania Defense Institute’s Amicus Curiae Committee; a member of the Pennsylvania Bar Association’s Appellate Advocacy Committee; and a member of the James S. Bowman American Inn of Court.

He is a past President of the Middle District of Pennsylvania Chapter of the Federal Bar Association and currently serves as Co-Chair of the Chapter’s CLE Committee. He has also contributed to the federal bench and bar through his service on the Planning Committee for the U.S. District Court for the Middle District of Pennsylvania’s 2024 Bench/Bar Conference and as a former member of the Third Circuit Lawyers Advisory Committee.

Casey has earned widespread recognition for his exceptional legal acumen and leadership, including selection to the 2026 edition of The Best Lawyers in America® for Appellate Practice and Administrative/Regulatory Law. He was also honored as one of The Legal Intelligencer’s “2024 Lawyers on the Fast Track (Small/Midsize)”, a highly selective distinction recognizing just 13 attorneys statewide under age 40. In 2023, Casey was named a Fellow of the Foundation of the Federal Bar Association, an elite honor awarded to fewer than 300 attorneys nationwide. Earlier in his career, he was consistently recognized on the Pennsylvania Rising Stars list (Thomson Reuters) for Business Litigation for ten consecutive years (2015-2024), reflecting his sustained excellence and growing influence in the field.

Prior to entering private practice, Casey served as a law clerk for then-Justice, now Chief Justice Emeritus, Thomas G. Saylor of the Pennsylvania Supreme Court for two and a half years. Casey received his juris doctor from Temple University Beasley School of Law, where he served as Editor-in-Chief of the Temple Journal of Science, Technology & Environmental Law. He received his Bachelor of Arts with distinction, in Journalism from The Pennsylvania State University. While at Penn State, Casey was inducted into the Phi Beta Kappa Honor Society and spent a semester in Washington, D.C., interning for CNN’s Capital Gang.

    • Temple University Beasley School of Law (J.D., 2009)
    • The Pennsylvania State University (B.A., 2006)
    • Pennsylvania, 2009
    • New Jersey, 2010
    • The Best Lawyers in America®, Commercial Litigation (2027)
    • The Best Lawyers in America®, Administrative/Regulatory Law, (2026-2027)
    • The Best Lawyers in America®, Appellate Practice (2026-2027)
    • The Legal Intelligencer's Lawyers on the Fast Track, Small/Midsize Winner for Pennsylvania (2024)
    • Pennsylvania Rising Star (2015-2024)
    • Supreme Court of Pennsylvania’s Civil Procedural Rules Committee, Chair
    • Pennsylvania Commonwealth Court Historical Society, Board Member
    • Pennsylvania Defense Institute’s Amicus Curiae Committee, Co-Chair
    • Pennsylvania Bar Association’s Appellate Advocacy Committee, Member
    • James S. Bowman American Inn of Court, Member
    • Middle District of Pennsylvania Chapter of the Federal Bar Association, Co-Chair CLE Committee
    • Middle District of Pennsylvania Chapter of the Federal Bar Association, Past President
    • Third Circuit Lawyers Advisory Committee, Past Member
    • Representing a group of manufacturers, distributors, and retailers of e-cigarettes in Pennsylvania federal court in a case concerning a constitutional challenge to Act 57 of 2025.  MMA Group 1 Inc. d/b/a Tobacco Hut State College, et al. v. David W. Sunday, Jr., No. 3:26-CV-01385 (M.D. Pa.) (pending). Case featured in Law360 and The Philadelphia Inquirer.
    • Represented Harrisburg City Council in a lawsuit filed by Mayor Wanda R.D. Williams concerning Council’s decision to not fund four positions as part of the City’s 2026 budget.  As part of the lawsuit, successfully defeated a preliminary and permanent injunction sought by the Mayor and successfully obtained dismissal of the lawsuit.  Williams v. Harrisburg City Council, No. 2026-CV-00140 (Dauphin Cnty. Ct. Com. Pl.).  Case featured in PennLive, TheBurg, Fox43, ABC27, and other media outlets.
    • Represented a group of casinos at trial before the Pennsylvania Commonwealth Court as part of its original jurisdiction and on an appeal before the Pennsylvania Supreme Court in a case concerning the legality of the Pennsylvania Lottery’s iLottery program.  Greenwood Gaming & Entertainment, Inc., et al. v. Department of Revenue, 306 A.3d 319 (Pa. 2023).
    • Represented a Fortune 500 company in CERCLA and RCRA litigation in Wisconsin federal court in which the plaintiff sought nearly $30 million in past and future response costs and declaratory relief.  After a two-week bench trial, the court awarded the plaintiff $0 in past response costs, reduced the plaintiff’s requested allocation of future response costs to the company by more than 40%, and dismissed the plaintiff’s RCRA claim.  Barclay Lofts LLC, et al. v. PPG Industries, et al., 2:20-CV-01694 (D. Wis.).
    • Represented Chester County in an appeal before the Pennsylvania Supreme Court concerning a challenge to the City of Chester’s attempt to acquire the assets of the Chester Water Authority. In re Chester Water Authority, 349 A.3d 892 (Pa. 2026).  Successfully petitioned the Supreme Court to grant review of the appeal.
    • Represented a publicly traded electric vehicle manufacturer against another publicly traded electric vehicle manufacturer in a tortious interference case in Arizona federal court involving more than $25 million in damages.  Lion Electric Company v. Nikola Corporation, 2:23-CV-00372 (D. Ariz.).
    • Represented a company in a lawsuit filed by the Pennsylvania Department of Health before the Pennsylvania Commonwealth Court as part of its original jurisdiction involving DOH’s attempt to restrict attendance at the Carlisle Car Show pursuant to various orders issued by then-Governor Wolf and then-Secretary of Health Dr. Rachel Levine in connection with the COVID-19 epidemic.  As part of that lawsuit, successfully defeated a preliminary injunction sought by DOH.  Department of Health v. Carlisle Productions, Inc. d/b/a Carlisle Events, No. 350 MD 2020 (Pa. Commw. Ct.).
    • Represented the Scranton Diocese as amicus curiae in an appeal before the Pennsylvania Supreme Court involving the statute of limitations for civil sexual abuse claims.  Rice v. Diocese of Altoona-Johnstown, 255 A.3d 237 (Pa. 2021).  As part of the appeal, provided substantial assistance to the appellants, including assisting them with successfully petitioning the Supreme Court to grant review of the appeal.  Also quoted in the AP article, “Slew of church abuse lawsuits hinges on state court decision” (Aug. 14, 2020).
    • Represented a franchisee against a nationwide franchisor in a breach of contract case pending in Pennsylvania federal court.  As part of the representation, successfully defeated a preliminary injunction sought by the franchisor.  Koala Insulation Franchisor, LLC v. Lotus & The Rooster Holdings Company, et al., No. 1:25-CV-01008 (M.D. Pa.).
    • Representing a former C-suite executive in a civil conspiracy case before the Pennsylvania Commonwealth Court as part of its original jurisdiction brought by the Pennsylvania Insurance Commissioner in his capacity as Statutory Rehabilitator of Senior Health Insurance Company of Pennsylvania (SHIP); the Commissioner is seeking over $500 million in damages.  Humphreys v. Wegner, et al., No. 1 SHP 2020 (Pa. Commw. Ct.) (pending).
    • Represented a nationwide flooring company in a non-competition/non-solicitation/theft of information case against a competitor and three former employees pending in Pennsylvania state court.  Floormax Direct LLC t/b/d/a FloorMax USA v. Rahman, et al., No. 2025-CV-02469 (Dauphin Cnty. Ct. Com. Pl.).  As part of the representation, successfully obtained a preliminary injunction against one of the individual defendants.
    • Representing the Pennsylvania Chamber of Business and Industry, UPMC, Uber Technologies, Inc., and 15 other organizations as amicus curiae in an appeal before the Pennsylvania Superior Court concerning the scope of the Fair Share Act, 42 Pa.C.S. § 7102.  Holland v. WM Operating, LLC, et al., Nos. 4 EDA 2025 & 3380 EDA 2024 (Pa. Super. Ct.) (pending).  Amicus brief featured in the article, “Pa. Biz Groups, Providers, Uber Want Fault Loophole Closed,” Law360 (Aug. 21, 2025).
    • Representing an estate in a breach of contract case pending in Pennsylvania state court concerning an alleged right of first refusal.  As part of the representation, successfully defeated a preliminary injunction sought by the management agent of the properties in question.  JLD Property Management Group, Inc., et al. v. Estate of Harold D. Dumm, et al., No. 2024-CV-07085 (Dauphin Ctny. Ct. Com. Pl.) (pending).
    • Represented the Pennsylvania Coalition for Civil Justice Reform, Pennsylvania Chamber of Business and Industry, University of Pittsburgh Medical Center, and other trade associations and businesses as amicus curiae in an appeal before the Pennsylvania Supreme Court concerning the standard of proof required to establish forum non conveniens for a case involving an in-state plaintiff.  Tranter v. Z & D Tour, Inc., 343 A.3d 1106 (Pa. 2025).  Amicus brief quoted in article, “Industry Groups Back Appeal of Ruling They Claim ‘Would Effectively Abolish Venue’ in Pa.,” The Legal Intelligencer (June 17, 2024).
    • Represented a trade association in Pennsylvania federal court in a case concerning a constitutional challenge to the City of Pittsburgh’s inclusionary zoning ordinance.  Builders Association ofMetropolitan Pittsburgh v. City of Pittsburgh, et al., No. 2:22-CV-00706 (W.D. Pa.) (pending).  Complaint featured in the article, “Builders Sue To Stop Pittsburgh’s ‘Inclusionary Zoning’ Rule,” Law360 (May 12, 2022).
    • Represented a school district in an appeal before the Pennsylvania Supreme Court involving media access to student records. Central Dauphin School District v. Hawkins, et al., 286 A.3d 726 (Pa. 2022).  Successfully petitioned the Supreme Court to grant review of the appeal and presented oral argument to the Court.
    • Represented the putative debtor in an involuntary bankruptcy before the U.S. Bankruptcy Court for the Middle District of Pennsylvania.  In re Deluxe Building Solutions, LLC, No. 5:21-BK-00534 (Bankr. M.D. Pa.).  As part of the representation, participated in nine non-consecutive days of evidentiary hearings on the putative debtor’s motion to dismiss.
    • Represented a publicly traded company in an appeal of a multi-million-dollar verdict before the Pennsylvania Supreme Court.  The Bert Company v. Turk, et al., 298 A.3d 44 (Pa. 2023).  Appeal involved, among other issues, the calculation of the constitutionally permissible ratio of compensatory-to-punitive damages in multidefendant cases.  Successfully petitioned the Supreme Court to grant review of the appeal.
    • Represented a leading provider of integrated specialty services to the global industrial, commercial, and infrastructure markets in Brand Energy & Infrastructure Servs., et al. v. Irex Corporation, et al., No. 5:16-CV-02499 (E.D. Pa.). Regarded as one of the leading cases nationally on the retroactive application of the federal Defend Trade Secrets Act, 18 U.S.C. § 1836.
    • Representing the Chamber of Commerce of the United States of America, Pennsylvania Chamber of Business and Industry, and other trade associations as amicus curiae in an appeal before the Pennsylvania Supreme Court concerning the constitutionality of the statutory damage caps established in Section 8528 of the Pennsylvania Sovereign Immunity Act. Freilich v. SEPTA, No. 10 EAP 2024 (Pa.) (pending).  Amicus brief featured in the article, “Chamber Tells Pa. Justices To Keep Gov’t Suit Damages Cap,” Law360 (Aug. 5, 2024).
    • Represented a 50-50 owner of a limited liability company in a shareholder dispute before the Centre County Court of Common Pleas and Tioga County Court of Common Pleas. Shaner, et al. v. Hendrick, et al., 2013-4525 (Centre Cnty. Ct. Com. Pl.); Hendrick, et al. v. Shaner, et al., No. 974-CV-2013 (Tioga Cnty. Ct. Com. Pl.).  These companion cases involved the allegation that the other owner breached his fiduciary duties to the company, resulting in over $38 million in damages.
    • Presenter, "Recent Civil Law Decisions and Civil Rule Updates," Pennsylvania Conference of State Trial Judges, Hershey, PA, July 22, 2026
    • Panelist, “2025-2026 Appellate Update," Allegheny County Bar Association 2026 Bench-Bar Conference, June 19, 2026.
    • Presenter, “Nuclear Verdicts, Enforceability of Online Arbitration Agreements, and Other Hot Topics in Pennsylvania Law,” Association of Corporate Counsel, Central Pennsylvania Chapter, April 2, 2026.
    • Panelist, “Lions, and Tigers, and Nuclear Verdicts, Oh My!  Why Every Healthcare Provider Should Care About Venue Reform, The Recent Epidemic of Outsized Verdicts, and Where We Go From Here,” Pennsylvania Bar Association and Pennsylvania Medical Society 2025 Joint Medical-Legal Conference, November 12, 2025.
    • Panelist, “Pennsylvania Appellate Court Tips, Tricks & Insights from the Bench and Bar 2025,” Pennsylvania Bar Association and Pennsylvania Bar Institute, October 20, 2025.
    • Panelist, “Pennsylvania Appellate Update 2024-2025,” Pennsylvania Bar Association and Pennsylvania Bar Institute, August 22, 2025.
    • Panelist, “Supreme Court Update,” Washington County Bar Association Winter Bench Bar Conference, January 24, 2025.
    • Panelist, “Pointers on Appellate Practice,” Dauphin County Bar Association, January 14, 2025.
    • Panelist, “Appalachia Appeal: Pennsylvania and West Virginia Appellate Roundup,” Babst Calland Client CLE Day, October 16, 2024.
    • Panelist, “Best Practices for Managing Root Cause Investigations,” Energy Mineral Law Foundation’s 45th Annual Institute, June 11, 2024.
    • Panelist, “Befriending the Court: A Primer on Amicus Curiae Practice Before Pennsylvania Appellate Courts,” Allegheny County Bar Association, May 7, 2024.
    • Panelist, “Appellate Review 2023-2024,” Pennsylvania Coalition for Civil Justice Reform, April 25, 2024.
    • Panelist, “Transformation of Pennsylvania Civil Law 2016-2013,” Pennsylvania Coalition for Civil Justice Reform, September 11, 2023.
    • Panelist, “Top Ten Pennsylvania Appellate Cases,” Allegheny County Bar Association, April 27, 2023.
    • Panelist, “Roundup of Recent and Pending Appellate Decisions in Pennsylvania,” Pennsylvania Coalition for Civil Justice Reform, April 18, 2023.
    • Panelist, “Appealing Entertainment: Pennsylvania and West Virginia Appellate Courts Round-Up,” Babst Calland Seminar, February 28, 2023.
    • Panelist, “The New Public Access Regime for Education Records (and Why Life as a School Solicitor Got a Whole Lot Harder),” Allegheny County Bar Association, School and Municipal Law Section, February 16, 2023.
    • Panelist, “Appellate Update,” Washington County Winter Bench Bar Conference, January 20, 2023.
    • Panelist, “Appellate Practice in Pennsylvania,” OGC University 2022, October 20, 2022.
    • Panelist, “E-Discovery: Navigating Obligations and Disputes in the Middle District of Pennsylvania,” Middle District of Pennsylvania Chapter of the Federal Bar Association, March 24, 2022.
    • Co-Presenter, “Appealing Entertainment: Pennsylvania Appellate Courts Round-Up 2021,” Virtual CLE, December 7, 2021.
    • Panelist, “Proportionality: One Year Later, A Review of the Practical Implications of the Amendments to the Discovery Rules,” Middle District of Pennsylvania Chapter of the Federal Bar Association, November 2016.
    • Co-Presenter, “What You Will Not Learn from the Rules of Appellate Procedure,” Lancaster County Bar Association, March 2013.
    • Co-Presenter, “What You Will Not Learn from the Rules of Appellate Procedure,” York County Bar Association, April 2013.
    • Co-Author, “Cue Lee Corso: Reprieve From Heightened Standard to Enforce Online Arbitration Agreements May Be Short Lived,” The Legal Intelligencer, February 26, 2026.
    • Co-Author, “Surprise Act: Pending Appeal Involving Last-Minute Amendment Could Presage the Revival of Trial by Ambush in Pa.,” The Legal Intelligencer, December 4, 2025.
    • Co-Author, “Clearing the Air on Public Nuisance and Preemption: A Look at Climate-Change Litigation in Pa. and Beyond,” The Legal Intelligencer, August 1, 2025.
    • Author “Mo Money Mo Problems: As Noneconomic Damages Awards Continue to Rise, So Do Concerns Over Their Constitutionality,” The Legal Intelligencer, June 12, 2025.
    • Author, “Is the Collateral Order Doctrine About to Have a ‘Brat Summer’?,” The Legal Intelligencer, February 7, 2025.
    • Co-Author, “The ‘Roundup’ Round-Up: Will a Recent Third Circuit Ruling Spell the End for Roundup Products Liability Litigation in Pa. State Courts?,” The Legal Intelligencer, December 5, 2024.
    • Co-Author, “Stare Decisis: U.S. Supreme Court’s Willingness to Overturn Longstanding Precedent and its Potential Effect on State Appellate Courts,” The Legal Intelligencer, August 15, 2024.
    • Co-Author, “Blurred Lines: The Ongoing Battle Between iLottery and iGaming,” The Legal Intelligencer, April 29, 2024.
    • Co-Author, “Forum Non Conveniens – Pennsylvania’s Jurisdiction Jigsaw Puzzle,” The Legal Intelligencer, January 27, 2024.
    • Co-Author, “To Infinity and Beyond? Pennsylvania Supreme Court Casts Doubt Upon Presumptive Constitutional Limit for Punitive Damages,” The Legal Intelligencer, November 3, 2023.
    • Co-Author, “It’s Groundhog Day for Pennsylvania’s Fair Share Act,” The Legal Intelligencer, May 25, 2023.
    • Co-Author, “Questions Abound Following Right-to-Know Law Decision Involving Student Records,” The Legal Intelligencer, April 20, 2023.
    • Co-Author, “We Don’t Talk About Bruno (But We Should): Why Uncertainty Still Persists Regarding the ‘Gist of the Action’ Doctrine in Pennsylvania,” The Legal Intelligencer, February 2, 2023.
    • Author, “Checklist: Metadata Fields to Consider,” Bloomberg Law, June 18, 2021.
    • Author, “Guide to Understanding, Using, & Analyzing Metadata in Litigation,” Bloomberg Law, June 4, 2021.
    • Co-Author, “Time-Barred Claims of Sex Abuse in Pa.—Litigation and Legislative Developments,” The Legal Intelligencer, March 12, 2021.
    • Co-Author, “Consumer Protection Law Ruling Could Spell Big Trouble for Pennsylvania Businesses,” The Legal Intelligencer, March 4, 2021.
    • Co-Author, “Federal DTSA: New Weapon in the Battle to Protect Trade Secrets,” The Legal Intelligencer, May 27, 2016.
    • Co-Author, “Court Limits Ability to Allege FCA Violations Over Post-Employment Conduct,” The Legal Intelligencer, June 29, 2015.
    • Author, “Pa. High Court Tort Ruling Is Relief To Local Gov’t,” Law360.com, November 24, 2014.
    • Co-Author, “Products Liability Practitioners Anxiously Await Tincher Ruling,” The Legal Intelligencer, November 3, 2014.
    • Co-Author, “CWA Ruling Could Be National Victory For Municipalities,” The Legal Intelligencer, September 30, 2013.

Firm Highlights

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.

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