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Christopher J. Conrad

Co-Chair, Special Education Law Practice Group

Portrait of Christopher J. Conrad

Chris is a member of the firm's Professional Liability Department, and he devotes a significant portion of his practice to the representation and defense of school districts, intermediate units, career and technology centers and other academic institutions in all manner of employment, civil rights and special education litigation. As a member of the Professional Liability Defense Federation, Chris currently serves as Vice Chair of the Municipal, School Leaders and Miscellaneous Liability Committee.

Chris is Co-Chair of the firm’s Special Education Law Practice Group, and his special education practice focuses on counseling clients and defending due process litigation involving a wide range of issues including claims of child find violations, denial of a Free Appropriate Public Education (FAPE), manifestation determinations and student discipline, appropriate educational programming and placement, and parents seeking private school placement at public expense. Chris has presented on a number of special education topics for school districts as well as for PBI’s Exceptional Children Conference, Lehigh University’s Special Education Law Conference and the National Business Institute.

Chris also represents public and private employers and their directors, officers, management and employees, in a variety of employment practices litigation under federal and state law, including defending claims of harassment, discrimination and retaliation, as well as whistleblower claims.

Additionally, Chris represents and defends licensed and certified professionals, including real estate agents and brokers, real estate appraisers, insurance agents and brokers, home inspectors, architects, engineers, surveyors, attorneys and accountants in E&O and related matters throughout Pennsylvania and Maryland.

Chris is a graduate of The Pennsylvania State University and The Pennsylvania State University Dickinson School of Law. During law school, Chris clerked for the Hon. Robert J. Woodside in the United States Bankruptcy Court for the Middle District of Pennsylvania. Chris also served as judicial law clerk for the Hon. Ronald B. Graves in the Civil Division of the Superior Court of New Jersey.

Chris is a certified mediator, and he works as a pro bono mediator for the Middle District of Pennsylvania mediation program and the Cumberland County Bar Association Fee Dispute Committee. For many years, Chris served as an adjunct instructor at the Penn State Dickinson School of Law for its Problem Solving I/ Law Practice I – Critical Skills course, and he assisted Dickinson’s National Mock Trial Team as both a judge and sparring attorney. Chris also devotes a portion of his time as a volunteer for the Wills for Heroes Program. Additionally, Chris is a Member of the Knights of Columbus Council 13100 and Saint Martin’s Assembly 2708.

    • Penn State Dickinson Law (J.D., 2001)
    • The Pennsylvania State University (B.A., 1998)
    • New Jersey, 2001
    • U.S. District Court District of New Jersey, 2001
    • Pennsylvania, 2006
    • U.S. District Court Middle District of Pennsylvania, 2006
    • U.S. District Court Eastern District of Pennsylvania, 2007
    • Maryland, 2018
    • U.S. District Court District of Maryland, 2018
    • U.S. District Court Western District of Pennsylvania, 2018
    • U.S. Court of Appeals 3rd Circuit, 2021
    • AV® Preeminent™ by Martindale-Hubbell®
    • Susquehanna Valley Select Lawyers™ (2014)
    • Cumberland County Bar Association, Member, Fee Dispute Committee
    • Knights of Columbus Council 13100 and Saint Martin’s Assembly 2708
    • Middle District of Pennsylvania Chapter of the Federal Bar Association
    • Pennsylvania Bar Association
    • Pennsylvania Bar Assocation, Legal Services for Exceptional Children Committee
    • Professional Liability Defense Federation, Vice Chair, Municipal, School Leaders and Miscellaneous Liability Committee
    • Saint Thomas More Society
    • Certified Mediator, U.S. District Court, Middle District of Pennsylvania
    • Civil Rights Litigation, The Courts and the Community: An Educational Series for the Public, April 1, 2026
    • Left Behind? Today’s U.S. Department of Education and the Potential Impact on Special Education and Disability Services, PBI’s Exceptional Children Conference. October 24, 2025
    • Hot Topics in Employment Law, PBA Law Firm Administrators Conference, April 30, 2025
    • From Complaint to Appeal And Beyond: Litigating a Special Education Due Process Case, PBI Exceptional Children Conference, October 18, 2024.
    • UNcivil Discourse: The 1st Amendment and Regulating Speech at Public School Board Meetings, Professional Liability Defense Federation (PLDF) 2024 Annual Meeting, September 26, 2024
    • Extended School Year – It's Not Summer School, PBI Exceptional Children Conference, October 13, 2023
    • Special Education Litigation: Best Practices for Avoiding Liability, and Strategies for a Successful Defense, Professional Liability Defense Federation Annual Meeting, September 2022
    • Why Schools Need to Be Thinking About Title IX: Effectively Navigating the Evolving Legal Issues Surrounding Gender Identity, Professional Liability Defense Federation Annual Meeting, October 2021
    • Federal Law and the Art of Email Maintenance: When Must Emails Be Produced Under IDEA and FERPA, PBI Exceptional Children Conference, October 2019
    • Navigating the Bermuda Triangle: The Intersection of Workers' Compensation, the FMLA and the ADA, County Commissioners Association of Pennsylvania, March 2019
    • The Risks of Failing to Report School Leaders Liability Claims, Pennsylvania Association for Supervision and Curriculum Development, October 2017
    • The Thin Blue Line in School, Lehigh University Special Education Law Conference, May 2017
    • Dyslexia: Much More Than What We Thought, Lehigh University Special Education Law Conference, May 2016 
    • Advanced Functional Behavior Assessments and Behavior Support Plans, PBI Exceptional Children Conference, October 2015
    • Successfully Handling Disciplinary Actions for Special Needs Students, National Business Institute, December 2014
    • Best Practices for Technology and Social Media in the Workplace, Estate Planning Council of Central Pennsylvania, Inc., February 2014
    • Insurance Agents and Brokers Best Claims Practices in Claims Administration and Underwriting, Liberty Mutual Insurance, December 2013
    • Avoiding Liability in Special Education, Central Dauphin School District, August 2013
    • PBA Malpractice Avoidance Program, Perry County Bar Association, April 2013
    • Avoiding Legal Malpractice, PBA Malpractice Avoidance Program, Adams County Bar Association, April 2012
    • Avoiding Liability as Sellers' Agents in Residential Real Estate Transactions, Particularly with Regard to the Disclosure of Material Defects in the Property, Educational Development School of Real Estate, March 2012
    • Malpractice Avoidance Program, PBA Malpractice Avoidance Program, Mifflin and Juniata County Bar Associations, October 2011
    • PBA Malpractice Avoidance Program, Dauphin County Bar Association, August 2011
    • Avoiding Liability in Special Education, Pottsville Area School District, August 2011
    • Avoiding Liability in Special Education, Palmyra Area School District, August 2010
    • “Let’s Give a Cheer for Free Speech: U.S. Supreme Court Holds School District Cannot Discipline Cheerleader for Off-Campus Snapchat Posts,” Professional Liability Defense Quarterly, Vol. 13, No. 3, 2021
    • "Bullies In the Schoolyard and Beyond: Avoiding and Defending Federal Bullying Claims Against Schools and School Leaders," Professional Liability Defense Quarterly, Vol. 13, Issue 1, 2021
    • "Educating Pa.'s Special Needs Students During the COVID-19 Pandemic," The Legal Intelligencer, May, 2020
    • “This Is Exhausting! Parents of Special Needs Children Who Allege Educational Harm Must Exhaust Administrative Remedies Under the IDEA Before Filing Lawsuit," Lorman, August 2017 
    • “This Is Exhausting! Parents of Special Needs Children Who Allege Educational Harm Must Exhaust Administrative Remedies Under the IDEA Before Filing Lawsuit,” Defense Digest, Vol. 23, No. 1, March 2017
    • "The IDEA Statute of Limitations (Finally!) Explained," Defense Digest, Vol. 21, No. 4, December 2015
    • "Does At-Will Employment Still Exist in Pennsylvania?," The Legal Intelligencer, Labor & Employment Supplement, June 24, 2014
    • "State Courts May Exercise Jurisdiction in Legal Malpractice Actions Arising Out of Patent Litigation," Defense Digest, Vol. 19, No. 2, June 2013
    • "The Third Circuit Holds That Private Employers Are Not Prohibited By Bankruptcy Code From Denying Employment To Individuals Who Previously Filed For Bankruptcy," Defense Digest, Vol. 17, No. 2, June, 2011
    • "Forum The Bell Tolls: Plaintiffs Lose Challenge To Validity Of Forum Selection Clause In Their Auto Insurance Policy," Defense Digest, Vol. 16, No. 1, 2010
    • "Ninth Circuit Holds Private Tuition Is Reimbursable Under IDEA Even Though Student Never Received Special Education From School District," Defense Digest, Vol. 14, No. 4, December, 2008
    • "Remedies for Disabled Students Curtailed," New Jersey Law Journal, Vol. CXCI, No. 2, Jan. 14, 2008
    • "School's Out: The Third Circuit Precludes Use of 42 U.S.C. 1983 to Remedy Violations of IDEA and the Rehabilitation Act," Defense Digest, Vol. 13, No. 3, September, 2007
    • "Pennsylvania Superior Court Limits Duty Of Insurance Brokers," Defense Digest, Vol. 12, No. 4, December, 2006
    • Godfrey v. Southern York County School District, 2019 U.S. Dist. LEXIS 96736 (M.D. Pa. 2019) (summary judgment in favor of school district dismissing ADEA age discrimination and retaliation claims by former teacher)
    • Defense verdict following jury trial representing insurance agency and its owner in case involving claims of professional negligence.
    • K.E. v. Lincoln Intermediate Unit, 2017 U.S. Dist. LEXIS 163489 (M.D. Pa. 2017) (summary judgment dismissing claims against intermediate unit by former student alleging Title IX and 1983 civil rights violations)
    • Rohrbaugh v. Lincoln Intermediate Unit, 255 F. Supp. 3d 589 (M.D. Pa. 2017) (dismissal of claims against intermediate unit by student under 504 of Rehabilitation Act of 1973 for failure to exhaust administrative remedies
    • Judge v. Shikellamy School District, 2017 U.S. Dist. LEXIS 65694 (M.D. Pa. 2017) (summary judgment dismissing claims by former principal alleging violation of Procedural Due Process rights, breach of employment contract and constructive discharge).
    • Defense award at arbitration in declaratory judgment action brought against condominium association.
    • A.V. v. Capital Area Intermediate Unit, ODR File No. 18090-1617 (successful defense of intermediate unit in special education due process hearing)
    • Hollinghead v. York City Sewer Authority, 2014 U.S. Dist. LEXIS 43202 (M.D. Pa. 2014) (Summary judgment dismissing Title VII, PHRA and 1983 claims by a City employees alleging race discrimination and retaliation).
    • Schuback v. Law Office of Phillip S. VanEmbden, 2013 U.S. Dist. LEXIS 18379 (M.D. Pa. 2013) (Judgment on the pleadings in favor of attorneys sued for alleged violations of the Fair Debt Collection Practices Act).
    • Thomas v. Thomas, 2012 U.S. Dist. LEXIS 83320 (M.D. Pa. 2012) (Dismissal of 14th Amendment claims against an attorney for alleged abuse of process and wrongful use of civil proceedings).
    • Munir v. Pottsville Area School District, 2012 U.S. Dist. LEXIS 82966 (M.D. Pa. 2012) (Summary judgment dismissing action by parent against school district under the Individuals with Disabilities Education Act and Rehabilitation Act).
    • Hocker v. CitiMortgage, 2012 U.S. Dist. LEXIS 76867 (M.D. Pa. 2012) (Dismissal of claims against mortgage lender under the federal Real Estate Settlement Procedures Act by alleged victim of a housing fraud scam).
    • Baltimore v. Harrisburg Parking Authority, 2010 U.S. Dist. LEXIS 59508 (M.D. Pa. 2010) (Summary judgment dismissing action against parking authority by former employee who claimed she was terminated from her employment in violation of her 1st and 14th Amendment rights).
    • Gregory v. Derry Township School District, 2010 U.S. Dist. LEXIS 1875 (M.D. Pa. 2010) (Summary judgment dismissing claims against school district, administrators and school board members in action by former teacher who alleged she was terminated from her employment in violation of her federal civil rights).
    • Walsh v. Dallastown Area School District, 2009 U.S. Dist. LEXIS 71266 (M.D. Pa. 2008) (Summary judgment dismissing claims by parent and students against school district, administrators and staff members of claims brought under federal and state wiretap laws and 4th Amendment).
    • Defense award at arbitration in negligence action brought against insurance agency and owners of the agency.

Results

Summary Judgment Obtained for a Homeowners’ Association

We secured summary judgment for a homeowners’ association. The plaintiff owned an apartment in a planned community and sought to drill a hole through the exterior wall of the building to vent an HVAC unit. The HOA denied his request, and the plaintiff asserted claims of negligence and breach of the duty of good faith and fair dealings, alleging that the HOA treated him unfairly by denying his request. Despite providing numerous photos of other holes through the exterior wall of the building, the plaintiff admitted during his deposition that they did not know whether the HOA had ever permitted another unit owner to drill a hole in the exterior wall. We successfully argued that the plaintiff could not put forth any evidence demonstrating unfair treatment, or that the request had been denied in bad faith. 

Secured Dismissal of a Suit Against a Dauphin County School District

We achieved dismissal of a suit against a school district by way of preliminary objections. The Dauphin County case involved allegations that the district deprived the plaintiffs of certain educational rights, premised on procedural due process violations, negligence and subornation of perjury. Preliminary objections were filed to the plaintiffs’ original complaint on both procedural and substantive grounds. Following the filing of an amended complaint and additional preliminary objections on similar grounds, argument was held. As a result, the court agreed with the defendant and dismissed the plaintiffs’ amended complaint with prejudice. 

Thought Leadership

Legal Updates for Special Education Law

The Office for Dispute Resolution’s Annual Report for Fiscal Year 2024 Details Due Process Filings, Bureau of Special Education Complaints

March 5, 2026

In late November 2025, the Office for Dispute Resolution (ODR) released its annual report for fiscal year 2024 (July 1, 2024 - June 30, 2025).  In the report, the ODR provided detailed information about due process litigation in Pennsylvania for the entire fiscal year. In all, there were 900 requests for due process filed with ODR, a slight decrease from fiscal year 2023, which saw 958 cases filed. A majority of the cases were filed on behalf of parents/guardians/students by legal counsel, although 112 cases were filed pro se. Most of the 900 cases involved claims under the IDEA/Chapter 14 for school-age/non-gifted students. Only 14 cases were filed solely under Section 504/Chapter 15. As has been the case for the past 20 years, due process litigation was most active in the City of Philadelphia and the southeastern Pennsylvania counties approximate to the city. There were 236 requests for due process filed within Philadelphia Intermediate Unit 26 alone.  More than 50 requests for due process were filed within Montgomery County Intermediate Unit 23 (84), Delaware County Intermediate Unit 25 (76), and Bucks County Intermediate Unit 22 (53). The only other intermediate units outside southeastern Pennsylvania that saw more than 50 due process filings were the Northeastern Educational Intermediate Unit 19 (65) and the Allegheny Intermediate Unit 3 (53). For all school-age/non-gifted cases, the most predominant issue raised in the due process filings involved the IEP (development/implementation), with 442 occurrences. The next most prevalent issue was compensatory education (425 occurrences) followed by school evaluations (192 occurrences). Although 900 due process cases were filed during fiscal year 2024, only 55 resulted in a written hearing officer decision. Most of the cases ended in a negotiated resolution, either outside of the IDEA resolution period (357 cases) or during the resolution period (214 cases).  Nearly 150 cases were either dismissed outright (24 cases) or voluntarily withdrawn (123 cases).  A significant number of cases filed in fiscal year 2024 remained active at of the end of the fiscal year and carried over into the next fiscal year (127 cases).  Causes of the 24 case dismissals included a lack of hearing officer jurisdiction (10 cases), improper party name (4), res judicata/mootness (4), a case being consolidated with another case (4) or no response from the parent (2). As to the 55 cases in which a hearing officer issued a written decision, the hearing officer found for the LEA in 21 cases, for the parent in 18 cases, and for both the parent and LEA in 16 cases. Notably, of these 55 cases, 21 involved pro se litigants.  The hearing officer found for the LEA in 14 of the pro se cases and for the parent/ guardian in 4 of the cases. In three of the pro se cases, the hearing officer found for the parent in part and the LEA in part. Also of note, during fiscal year 2024,19 cases were appealed to federal court, and only one case was appealed to state court. Only four of these appeals involved due process requests filed during fiscal year 2024, as the balance of the due process cases at issue were filed prior to 2024. Of the appeals filed during fiscal year 2024, parents were responsible for 75% of the filings.  Three of the appeals dealt solely with the issue of attorney fees. At the close of fiscal year 2024, 17 of the 20 cases were still pending on appeal. One case was dismissed following a settlement, another based upon the final resolution of a separate but related matter, and a third following a court-approved settlement. In that instance, the case was marked settled on the docket, and the court vacated its prior order remanding the case to the hearing officer.  Thirteen of the federal court appeals were filed with the Eastern District of Pennsylvania, three with the Middle District of Pennsylvania, and three with the Western District of Pennsylvania. ODR also reported on compliance complaints filed with the Bureau of Special Education (BSE), including complaints under Section 504/Chapter 15. In all, 179 complaints were filed with BSE.  Of these cases, 50 resolved with a finding by BSE of LEA non-compliance. Seven complaints were dismissed or held in abeyance as the issues were being addressed in a due process complaint and 68 of the complaints were either resolved, withdrawn, or dismissed for not falling within the jurisdiction of the BSE. For more information on ODR’s Annual Report, see: https://odr-pa.us12.list-manage.com/track/click?u=e6553c8850beb32e3c7ea9c8c&id=a1449490fc&e=bf4ea9f318

Legal Updates for Real Estate E&O Liability

When Is a Symbol of Hate Not a Material Defect in Property?

February 1, 2026

Daniel and Lynn Rae Wentworth purchased a home in Beaver County, Pennsylvania from Juergen Steinmetz. According to their complaint, after moving into the home, the Wentworths discovered a swastika under rugs in the basement and what they perceived to be a Nazi eagle incorporated into the floor tile pattern. The Wentworths claimed that had they previously known about the symbols in the floor tile, they would not have purchased the home. They also alleged that they could not be expected to live in the home in that condition, nor could they sell the home, and that it would cost $30,000.00 to remove the symbols and replace the floor tile. The Wentworths filed suit against Steinmetz under the Pennsylvania Real Estate Seller Disclosure Law (RESDL), alleging he failed to disclose a “material defect” in the property prior to closing, seeking compensatory and punitive damages. Steinmetz filed preliminary objections in response to the complaint denying creating the floor pattern in support of Nazism. Steinmetz argued that the swastika is an ancient symbol embraced by various world cultures, and that its existence predates use by the Nazis. Yet, the Wentworths argued that since the swastika in the floor, “styled in the fashion that [was] used by the Nazis,” was situated in such close proximity to the German eagle, no reasonable person could believe the symbols were intended to be imagery referencing any other culture. For purposes of resolving the preliminary objections, the court set aside Steinmetz’s “subjective intent” and accepted the Wentworths’ allegations that these were indeed pro-Nazi symbols, and would be viewed as such to guests in the home or to prospective buyers. Steinmetz also argued that even accepting the Wentworths’ allegations as true, the symbols in the floor tile were not a “material defect” that he was required to disclose to prospective buyers. Relying in part on Milliken v. Jacono, 103 A. 3d 806 (Pa. 2014), he argued that attributes of a property giving rise to a psychological stigma, like the alleged Nazi symbols in the floor, are not material defects required to be disclosed under the RESDL. The trial court agreed, and found that Milliken foreclosed the Wentworths’ claims. Although the trial court recognized the imagery in the floor was “disturbing,” it was still merely a cosmetic flaw that could be covered up, and it was not a physical or structural property that posed an unreasonable risk or an impediment to the use and enjoyment of the property. The trial court sustained the preliminary objections and dismissed the complaint. On appeal, the Pennsylvania Superior Court revisited Milliken, considering whether the occurrence of a murder and suicide in a home was an undisclosed material defect justifying a cause of action. The Supreme Court in Milliken concluded it was not, reasoning the deaths did “not constitute an actionable material defect,” and in so holding noted the myriad “traumatizing events that could occur on a property” and that “[e]fforts to define those that warrant mandatory disclosure would be a Sisyphean task.” Milliken, 103 A. 3d at 807, 810. The Superior Court agreed and concluded the Wentworths’ claims failed “because they suffer from the same lack of an objectively-quantifiable flaw as the one alleged in Milliken.” The Superior Court further reasoned: In each scenario, the existence, and degree, of the defect is in the eye of the beholder. Certainly, a significant portion of homebuyers would eschew a house with a crude mosaic of Nazi iconography in its basement. Yet there is, sadly but undeniably, a segment of the population who would deem it an asset to the property. Further, even among the majority of prospective buyers who would not welcome having hate symbols adorning their basement floor, the degree to which the images impacted the value of the property would inevitably vary from person to person. Relying on Milliken, the Superior Court noted, “that condition of the property constituting a material defect must be one that not only substantially impacts the value of the real estate, but lends itself to recognition and quantification by objective standards.” Although the Superior Court was sensitive to “the Wentworths’ outrage [and] their concern that the existence of the images could taint them as Nazi supporters,” still the court found “that that the symbols on the Wentworths’ otherwise sound and functional tile floor do not constitute a material defect that Steinmetz had a duty to disclose.” The decision of the trial court was affirmed.  Although the seller in Wentworth was successful in defending the lawsuit, real estate professionals should still discuss with their seller clients whether there may be a hidden aesthetic characteristic in the home that a potential buyer might find to be offensive, particularly if it is not discovered until after closing. While such a characteristic ultimately may not arise to a “material defect” under the RESDL, it still could lead to costly litigation that the seller (and perhaps the seller’s agent and broker) might have to defend.  Real estate professionals may wish to advise their seller clients to remove any such hidden characteristic even before the property is listed for sale. This will help to avoid needless litigation down the road and also likely will expand the pool of potential buyers. For further reading, see: Wentworth v. Steinmetz, 2025 PA Super 253, --- A. 3d --- (2025).

Firm Highlights

Thought Leadership

SIDEBAR: News and Happenings

We are pleased to share that attorneys from our health care team have been selected to the 2026  New Jersey and Pennsylvania Super Lawyers and Rising Stars lists. Their dedication to clients and commitment to high-quality work continues to strengthen our firm! Please join us in congratulating: NJ Super Lawyers: Robert T. Evers and Justin F. Johnson NJ Super Lawyer Rising Stars: Nataliana A. Guida  2026 Pennsylvania Super Lawyers: Alyson J. Kirleis and Gary M. Samms 2026 Pennsylvania Rising Stars: Holli K. Archer and Daniel Dolente Victoria Scanlon (Scranton) was a faculty presenter at the 2026 American Roentgen Ray Society (ARRS) Annual Meeting in Pittsburgh. She participated in the “Resident Symposium: Producing Quality Reports,” focusing her presentation on “How to Write a Great Report: Malpractice Lawyer’s Perspective.” Vicky, the only attorney presenter for this two-hour segment, was joined by several health care professionals including diagnostic radiologists, an interventional radiologist, an internal medicine physician, and a radiologist turned AI entrepreneur expert.  Matthew Keris (Scranton), President of the Pennsylvania Association for Health Care Risk Management (PAHCRM) and shareholder in our Scranton Health Care Department, presented an important and timely session titled “Keynote Address: A Conversation with RaDonda Vaught on Criminalizing Errors” at PAHCRM’s Annual Meeting in April. RaDonda is a former Tennessee nurse widely known for being criminally convicted in 2022 of negligent homicide and gross neglect after a 2017 fatal medication error at Vanderbilt University Medical Center. Her case gained national attention because she was criminally prosecuted rather than just facing licensing board action, sparking debate over blaming individual nurses for systemic healthcare failures. Matt and RaDonda’s conversation explored one of the most consequential issues in health care risk management today—how systems respond to human error, and what it means for patient safety, accountability, and the professionals who serve on the front lines. Gary Samms was a panelist for a podcast hosted by the Medical Liability Monitor, “From Outliers to Pattern: The Increasing Predictability of Megaverdicts in the Med-Mal Industry – and How to Reduce the Likelihood of Getting Hit with One.” Gary discussed the changing megaverdict landscape and why “outlier” verdicts are becoming structural, in addition to how plaintiffs turn weaknesses into megaverdicts (including building emotional narrative and jury psychology). Thank you to our clients who joined us for our Trends in Health Care & Health Law seminar on May 14. Led by our Health Care Department Director and Assistant Director, Robin Snyder and Donna Modestine, the session explored key issues that are currently shaping outcomes in health care litigation. We owe a debt of gratitude to our esteemed guest speaker, Mary Ellen Nepps, Esq., Senior Counsel, University of Pennsylvania, who presented “Medical Malpractice Litigation: Driving Another Health Care Crisis in Pennsylvania.” And special thanks to our attorneys who presented and shared their insights, including John J. Hare and Holli Archer who discussed “Highlights in PA Medical Malpractice Law;” David Drake for his presentation, “From Claims to Courtroom: Key Trends in NJ Medical Malpractice Litigation;” and Matthew Keris with an “Update on Health Care Tech Discovery.” Thank you to all of our clients for entrusting us with your health care litigation. We are proud to partner with you as we defend your interests and navigate legal landscapes together.

News

Marshall Dennehey’s John J. Hare Brings Home Attorney of the Year Honors; Firm Named Litigation Department of the Year in Two Categories

Marshall Dennehey took home top honors in three categories at the The Legal Intelligencer’s 2026 Pennsylvania Legal Awards, held June 11 in Philadelphia. The first place awards include: Attorney of the Year: John J. Hare, Chair of the firm’s Appellate Advocacy & Post-Trial Practice Group and Executive Committee member, together with Charles “Chip” Becker of Kline & Specter Litigation Department of the Year, Appellate – Third Win in a Row! Litigation Department of the Year, Product Liability/Mass Torts “There is no one more deserving of Attorney of the Year honors than John. This award is a testament to his exceptional skill, dedication, and leadership—qualities that truly exemplify the very best of our firm,” said G. Mark Thompson, Marshall Dennehey’s President & CEO. “These honors also reflect the strength and depth of our product liability, mass torts, and appellate practices across Pennsylvania and beyond, underscoring our ongoing commitment to delivering outstanding results for our clients.” Attorney of the Year – John J. Hare, Marshall Dennehey, together with Charles “Chip” Becker, Kline & Specter Over the past year, John and Charles were opposing counsel in many of the highest-profile civil appeals in Pennsylvania. John is renowned as a preeminent appellate lawyer on the defense side, and Chip on the plaintiff's side. They have opposed each other repeatedly, exhibiting peerless professionalism and exceptional civility, while zealously litigating under the unremitting pressure of high-profile litigation and record-setting verdicts totaling more than $3.5 billion. They have also collaborated, outside of litigation, on many commissions, committees, and projects of importance to the Pennsylvania judiciary and legal community. Litigation Department of the Year – Appellate Law, Winner (previous winner, 2025 and 2024) 2025 was another standout year for the firm’s Appellate Advocacy & Post‑Trial Practice Group, led by John J. Hare, which was retained to challenge many of Pennsylvania’s “nuclear” verdicts—awards exceeding $10 million. Notably, the department persuaded the Pennsylvania Superior Court to reverse a Philadelphia judgment of $1.09 billion, the largest judgment ever overturned by a Pennsylvania appellate court. The group’s 11 full‑time Pennsylvania‑based appellate lawyers are at the center of Pennsylvania’s most high-profile matters, bringing more than 150 years of combined appellate experience. They routinely handle post‑trial and appellate matters and are frequently engaged to participate in and monitor trials in high‑exposure cases to ensure that critical legal issues are properly raised and preserved for appeal. Litigation Department of the Year – Product Liability/Mass Torts, Winner This marks the first win for the firm’s Pennsylvania Product Liability and Mass Torts practices, which operate within our Casualty Department, managed by Matthew Schorr and Jeff Rapattoni. For almost five decades, Fortune 500 product manufacturers/distributors and their insurers have turned to these groups to defend their litigation. Led by Bradley D. Remick and Vlada Tasich, our Product Liability group’s success can be attributed to its commitment to keeping abreast of ever-changing legal theories, judicial viewpoints, and evolving technology impacting the product liability landscape. Our attorneys have successfully handled thousands of product liability matters in all jurisdictions across the state. Likewise, our mass tort litigation practice – divided into Asbestos & Mass Tort, and Environmental & Toxic Tort Litigation –  has defended manufacturers, distributors, contractors, and premises owners in thousands of personal injury and other claims. Led by Kevin E. Hexstall and Patrick T. Reilly, most attorneys in these groups have more than 20 years of experience, and our seasoned trial team has tried hundreds of cases to verdict, consistently achieving strong results through both trials and settlements. In addition to these awards, Marshall Dennehey was a Litigation Department of the Year finalist for Professional Liability.

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

Casual Care, Serious Consequences: How Informal Prescribing Can Trigger Medical Board Scrutiny

The lesson for health care practitioners is that regular review of the regulatory requirements can ensure compliance and that casual prescribing may be in violation of state regulations if the necessary components are not met. Consider the following scenario: in December 2025, a medical provider renewed a prescription for a long-standing telemedicine patient receiving a Schedule II controlled dangerous substance. This was not a violation of the New Jersey Administrative Code. Another provider doing the same action for an equally situated patient in March 2026 would be in violation. The casual prescriber who is not aware of newer regulatory requirements may have a more difficult time responding to a medical board complaint. Medicine is a highly-regulated helping profession. Without addressing the merits of this regulatory burden, the practice of medicine continues to see drastic changes impacting the everyday life of patient and provider. Telemedicine, COVID-19, and other advances and roadblocks, present a challenge to those saving lives while attempting to comply with the rules of practice. Physicians often discover—through real cases and the lens of regulatory expectations—that even well-intentioned informal help can be reinterpreted as stepping outside mandated professional boundaries, and seemingly harmless actions can be construed as deviations from required practice standards specifically outlined in Title 13, Chapter 35, Subchapters 7.1A of the New Jersey Administrative Code. Title 45, "Professions and Occupations," of the New Jersey code governs the practice of medicine, nursing, optometry, pharmacy, and many other professional occupations. Section 9 specifically addresses the state board of medical examiners and allows for the creation of rules and regulations in Section 45:9-5.3. These regulations can be found in the New Jersey Administrative Code Title 13, Chapter 35. While broad in scope, Chapter 35 contains a subchapter dedicated to the administration and dispensing of prescription drugs. Such knowledge will arm physicians with the tools they need to prevent a negative outcome if a medical board complaint is filed. Likewise, attorneys must be familiar with these regulatory requirements when advising and defending providers. In New Jersey, N.J.A.C. Section 13:35-7.1A(a) requires that a practitioner conduct an examination and appropriately document the same within the medical record before dispensing drugs or issuing prescriptions. The examination must include an "appropriate history and physical examination," a diagnosis based upon the examination and any testing consistent with good medical care, the formulation of a therapeutic plan discussed with the patient, and the availability of appropriate follow-up care. There are only six exceptions to this requirement: In admission orders for a newly hospitalized patient For a patient of another physician for whom the practitioner is taking calls For continuation medications on a short-term basis for a new patient prior to the patient's first appointment For an established patient who, based on sound medical practice, the physician believes does not require a new examination before issuing a new prescription For a patient examined by a healthcare professional who is in collaborative practice with the practitioner When treatment is provided by a practitioner for an emergency medical condition Emergencies are also limited to situations where someone's health is in serious jeopardy, there is serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. During the COVID-19 pandemic, then New Jersey Governor Phil Murphy issued an executive order declaring a public health emergency and a state of emergency that allowed authorized prescribers to prescribe Schedule II controlled dangerous substances via telemedicine. The order was terminated when he left office earlier this year and the state reverted to the requirement of an initial in-person examination and quarterly in-person visits. With this return to prior regulatory requirements, practitioners subject to the jurisdiction of the board of medical examiners may benefit from a refresher on the regulatory limitations on their practice now that the pandemic-era flexibilities have ended. This new requirement may create confusion for prescribers and lead to casual prescribing of medication in violation of the regulations, even in the setting of recurrent telemedicine appointments as noted in the example above. Casual prescribing can take many forms: filling a prescription request from a friend or family member without an examination or contemporary medical record; using telemedicine to expand your practice without proper in-person appointments or documentation in the medical record; failing to ensure appropriate follow-up care for a "one time" prescription; etc. Although not all board complaints end in a publicly available opinion, serious deviations from regulatory requirements can shine a light on practices that will require action by the board if a complaint is received. Consider the following cases: In October 2025, the board issued a final consent order in an administrative action where a doctor provided opioids without examination and his license was permanently revoked. In re Robert Dela Gente, D.O., N.J. State Bd. of Med. Exam'rs Oct. 21, 2025. Criminal charges were filed (though that is not always the case). In a September 2025 consent order, a physician was reprimanded for "prescribing opioids several months in advance without the proper patient follow-up..." and explained that they did so for "patients who can not pay for multiple visits to refill medications." In re A/an E. Schultz, M.D., N.J. State Bd. of Med. Exam'rs Sept. 25, 2025. Another physician was suspended and placed on probation in a consent order for prescribing three patients the weight-loss medication "Ozempic" via text messages through a website called "Push Health" and without any further communication with the patients or taking a medical history. In re Laura E. Purdy, M.D., N.J. State Bd. of Med. Exam'rs Aug. 29, 2025. A June 2025 interim consent order required a "full evaluation and assessment of [a physician's] general knowledge and skill, with specific emphasis on his knowledge of and ability to safely prescribe [controlled dangerous substances]" due to his failure to review a patient's prior medical history and medical record, assess and review the prescription monitoring program before prescribing CDS, and conduct random urine screens on a patient that tested positive for CDS upon admission to his practice because "he trusted the patient." In re Donald Oh, M.D., N.J. State Bd. of Med. Exam'rs June 2, 2025. Each of these examples demonstrate a failure to follow strict procedure regardless of the intention. Failing to follow procedure secondary to good intentions, such as considering a patient's financial constraints, trust in the patient, or utilizing a new telemedicine service platform, will not be a defense to a board complaint. Especially when practicing via telemedicine, practitioners must ensure they are adhering to the appropriate regulatory standard. A provider who calls in a prescription for a traveling friend or family member or agrees to prescribe medication for individuals using the newest phone app will have a hard time meeting the requirements of N.J.A.C. Section 13:35-7.1A. Even if a history was taken, a "therapeutic plan" was created, and "follow up care" was provided, the prescriber would still not be in compliance with the regulation without an in-person examination. In our opening hypothetical, the prescriber's behavior did not change between December and March; however, the legal shift in the regulatory landscape made once acceptable behavior a violation as a required examination did not occur. When complaints are made with regard to informal prescribing, the board has discretion to employ measures to encourage compliance in lieu of formal proceedings such as a private, written warning; suspending fines subject to continuing compliance; medical or professional treatment as may be necessary; medical or diagnostic testing and monitoring; skills assessment; corrective training; participation in outreach programming; or contribution to the consumer fraud protection fund. The lesson for health care practitioners is that regular review of the regulatory requirements can ensure compliance and that casual prescribing may be in violation of state regulations if the necessary components are not met. Even compliant providers who had not conducted an in-person examination for telemedicine patients during the COVID-19 emergency would be in violation of the regulations as of January 2026 for the same practice. Practitioners should be diligent in adhering to the prescribing rules to avoid sanctions related to casual care. Likewise, attorneys advising or defending practitioners before the board must be aware of the in-person examination requirements for prescribing in New Jersey whether the care in question took place in-person or in a telemedicine setting. Reprinted with permission from the April 22, 2026 issue of the New Jersey Law Journal. ©2026 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.