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Charles L. Sutter

Portrait of Charles L. Sutter

As a member of the Casualty Department, Charles serves as an associate attorney defending high-exposure cases involving commercial and personal automobile liability, general liability, premises liability, and products liability.

Prior to joining the firm, Charles managed a diverse national and international caseload focused on product liability subrogation and personal injury claims, representing insurance carriers and their insureds—including foreign manufacturers, distributors, and retailers—in both federal and state courts across the United States, Canada, and Europe. His work encompassed all phases of litigation and pre-litigation, including coordinating expert investigations across multiple disciplines, managing local counsel, and providing strategic legal and indemnification analysis. He was also responsible for developing defense and resolution strategies, preparing client reports, negotiating multi-case retention agreements with experts and consultants, and resolving matters through complex settlements.

Earlier in his career, Charles litigated complex commercial and contract disputes and also managed a high volume of business immigration matters, including both immigrant and non-immigrant visa cases.

Charles received his juris doctor from the Maurice A. Deane School of Law at Hofstra University, where he was named to the Dean’s List and served on the Hofstra Law Review. He earned his undergraduate degree in Political Science, magna cum laude, from Drew University. He is admitted to practice in the state of New York.

    • Maurice A. Deane School of Law at Hofstra University (J.D., 2020)
    • Drew University (B.A., magna cum laude, 2016)
    • New York, 2021
  • New York Metro Super Lawyers Rising Star (2026)

Thought Leadership

Case Law Alerts

Supreme Court Addresses Conflicts Between Federal and State Law Regarding Negligent Hiring Claims Against Freight Brokers

April 1, 2026

This case arises from a collision on an Illinois highway between a motorist and a tractor-trailer operated by a driver employed by the defendant, Caribe. The plaintiff brought suit, alleging a variety of claims, including negligent hiring and vicarious liability. However, rather than limit the application of negligent hiring to Caribe, the plaintiff attempted to extend this argument to the defendant freight broker, C.H. Robinson Worldwide by arguing that Robinson had negligently selected Caribe as the freight carrier. Robinson moved to dismiss the negligent hiring claims pursuant to Section 14510(c)(1) of the Federal Aviation Administration Authorization Act of 1994, as the language of that statute prohibits state suits against brokers “relat[ing] to a price, route, or service” and “with respect to the transportation of property”. The District Court ruled in favor of the plaintiff, stating that the safety exception of Section 14501(c)(2)(A) permitted such claims, as it preserves “safety regulatory authority of a State with respect to motor vehicles.” On appeal, the U.S. Court of Appeals for the Seventh Circuit ruled in favor of defendant Robinson, ruling that “the FAAAA preempts state law claims that a freight broker negligently hiring a motor carrier.” Given that a conflict presently exists between rulings on this issue from the U.S. Court of Appeals for the Sixth and Ninth Circuits and the U.S. Court of Appeals for the Seventh and Eleventh Circuits, the Supreme Court granted certiorari on October 3, 2025. The Supreme Court heard oral argument on March 6, 2026, and has yet to issue a decision.

Case Law Alerts

Texas Supreme Court to Determine if a Shipper Owes a Duty to a Third-Party Motorist Injured by a Freight Carrier

April 1, 2026

This case arises from an accident in which a driver hired by a freight carrier ran a red light and fatally struck a motorcyclist. The decedent’s parents sued both the freight carrier and the shipper, Home Depot, alleging negligence, negligence per se, and gross negligence. The carrier accepted vicarious liability given the driver was acting within the scope of his employment. Home Depot moved to dismiss the plaintiffs’ claims as baseless, given they did not owe a duty to a third-party motorist for the actions of a freight carrier’s drivers. The Texas trial court denied the motion, and the court of appeals denied Home Depot’s mandamus petition. However, the Texas Supreme Court granted Home Depot’s petition for a writ of mandamus. Home Depot again argued that it did not have a duty to a third-party motorist in the event of negligent actions by the freight carrier’s driver. Home Depot further argued that Texas does not recognize negligent hiring as a valid cause of action for an independent contractor, claiming the plaintiffs failed to adequately allege that Home Depot’s hiring of the freight carrier proximately caused the accident. Home Depot argued that the court should adopt and apply a rule that would absolve an employer of liability for a derivative claim if the employer accepts vicarious liability. The Texas Supreme Court held oral arguments on March 4, 2026, and has yet to issue a decision.

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

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

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

Thought Leadership

Legal Update for Special Education Law: Recent Positive Outcomes From the Group

Hearing Officer Confirms District Acted Appropriately Under IDEA and Section 504 William J. McPartland (Scranton) obtained a finding in favor of our client, a school district, on all issues following a due process hearing. The parent had filed a due process complaint alleging that the school district had breached its child find duty under the IDEA and Section 504, that the school district had discriminated against the student on the basis of disability in violation of Section 504, and that the school district had denied a free and appropriate public education to the student both by developing inadequate IEPs and via an actionable procedural violation.  Specifically, the student had received a Section 504 evaluation in October 2023, after a number of behavioral infractions culminating in a fight in September 2023, was identified as having anxiety and a sleep disorder, and received appropriate Section 504 accommodations. The student had never previously demonstrated signs of a learning disability, and the parent denied the school district permission to evaluate the student for special education needs in November 2023, and January 2024. The parent granted the district permission to evaluate the student in October 2024, after a private psychologist diagnosed the student with Attention Deficit Hyperactivity Disorder, possible Oppositional Defiance Disorder, a learning disorder, and anxiety. The school district issued a special education evaluation report in December 2024, finding that the student had an emotional disturbance and other health impairment, and an IEP providing an itinerant level of emotional support, as well as instruction in academics and social skills, was issued in January 2025, and amended in February, March, and April 2025. The student withdrew from the school district in April 2025, to attend a cyber charter school. The hearing officer determined that the school district had not violated its child find duty to the student in violation of either the IDEA or Section 504 where the district developed a Section 504 plan for the student within a month and a half of the parent’s first request for a Section 504 evaluation and where the parent repeatedly denied consent to conduct an IDEA evaluation of the student. The hearing officer noted that the student’s sporadic record of behavioral infractions prior to September 2023, did not suggest that the student had a disability prior to the parent’s initial request for an evaluation. The hearing officer further determined that no evidence had been produced to suggest that the student was discriminated against on the basis of disability in violation of Section 504. Additionally, the hearing officer determined that the IEP offered to the student was substantively adequate and that, to the extent the social and emotional programming offered by the school district was not received by the student, this resulted from the parent’s refusal to accept the same. The hearing officer finally determined that the school district did not commit an actionable procedural violation by delaying development of an IEP for the student where the parent repeatedly denied consent to evaluate the student. Court Dismisses Three of Four Claims Against School District Christopher J. Conrad and Daniel P. McGannon (Harrisburg) achieved a significant early victory on behalf of a school district client in. The team successfully obtained dismissal of three of the four claims asserted in the plaintiff’s amended complaint. The former district superintendent brought multiple claims arising out of his alleged “forced resignation,” including age discrimination under the ADEA, a Section 1983 Equal Protection claim, a Pennsylvania Whistleblower claim, and breach of contract. On behalf of the district, the defense team moved to dismiss the complaint in part, arguing: The plaintiff failed to plead sufficient facts to support a prima facie case of age discrimination. The equal protection claim was barred because the ADEA provides the exclusive federal remedy for age-based employment claims. The breach of contract claim could not stand because the underlying employment agreement had expired prior to the alleged breach. The court agreed, dismissing the ADEA, equal protection, and breach of contract claims in their entirety. As a result, only a single claim under the Pennsylvania Whistleblower Law remains pending. This outcome substantially narrows the scope of the litigation and positions the client for a more efficient defense moving forward.