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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

Commonwealth Court Deemed Worker an Employee Despite Independent Contractor Agreement; Insurer Estopped from Denying Coverage

In this case, the claimant filed a Claim Petition for injuries sustained on October 28, 2019, naming J&S as his Employer, and alleging that the injuries occurred when he fell from a ladder while installing a satellite dish for Dish Network. Dish Network contracted with J&S to install satellite dishes. Subsequently J&S filed a Petition to Join Brickstreet Insurance Company and the claimant filed a Claim Petition against the Uninsured Employer Guaranty Fund. The Fund then joined Dish Network as another employer.  Before the Workers’ Compensation Judge (WCJ), the claimant testified that he was hired in 2015 by J&S and at the time signed an Independent Contractor Agreement (IC Agreement). J&S defended the case on the basis that the claimant was not an employee, but was an independent contractor, even after the IC Agreement expired. Additional evidence showed that, at the time of the October 28, 2019, work injury, J&S’ workers’ compensation insurance with Brickstreet had lapsed, even though a Brickstreet agent had been working to renew J&S’ policy and had a Certificate for coverage from September 25, 2019 to September 25, 2020 issued, with Dish Network listed as the Certificate Holder. A renewal policy was not in effect at the time the Certificate was issued and the agent learned on October 25, 2019 that Brickstreet was not going to renew their policy with J&S, due to an unpaid premium.    Ultimately, the WCJ found that the claimant was an employee of J&S at the time of the work injury and that J&S did not have a workers’ compensation policy in place at the time, due to their failure to pay the renewal premium to Brickstreet. The WCJ also found Dish Network was a Statutory Employer under Section 302(a) of the Act. The Claim Petition and the Guaranty Fund Claim Petition were both granted, as was the Guaranty Fund’s Petition to Join Dish Network. The WCJ also denied J&S’ Petition to Join Brickstreet, finding that neither J&S or Dish Network showed that Brickstreet was estopped from denying coverage. J&S and Dish Network appealed to the Workers’ Compensation Appeal Board (Board) and the Board affirmed. J&S and Dish Network appealed to the Commonwealth Court. The Commonwealth Court rejected J&S' argument that the claimant was an independent contractor. In doing so, the court noted that the claimant credibly testified that he worked for J&S full time, could not work for another company, and that J&S, scheduled his jobs, tracked him, and scheduled additional installations, if he finished early. Additionally, the court noted the claimant lacked discretion in the manner he performed his job, because all questions had to be referred to J&S.  As for Dish Network’s appeal, the court held that the WCJ erred in holding that Brickstreet was not estopped from denying coverage as to Dish Network. According to the court, the insurance agent was an authorized representative of Brickstreet and, at the direction of J&S, issued the Certificate of Insurance that he knew was not accurate at the time, and was aware would be presented as proof of coverage for J&S. Dish Network relied upon that information and continued to use J&S, ultimately leading to Dish Network being named as the Statutory Employer liable for payment of benefits because of J&S’ uninsured status. The court held that the Board erred in affirming the WCJ ’s conclusion that Dish Network did not establish that Brickstreet was equitably estopped from denying coverage, reversed the decision below, and remanded the case to the WCJ. 

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. 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Appellate Division Affirmed Trial Judge’s Orders Granting Summary Judgement for Defendants on COVID-19 Case

In Dunne v. Advanced Subacute Rehab Servs. at Sewell, LLC, et al., the plaintiffs appealed from two Law Division orders. By way of background, Louis Doto, Sr. (Doto) worked for BP & SC Services, Inc. (BP). BP leased Doto to Advanced Subacute Rehabilitation Center at Sewell, LLC (Advanced Subacute) and it had control of his work, paid wages, and had the power to hire or fire him. A BP employee was assigned to the facility to train and supervise him and BP was responsible for securing workers’ compensation coverage. Doto worked as an aide in the laundry department. Linen from COVID-19 residents were delivered in clearly marked bags and he had no direct contact with residents. A co-worker, Sheila Smith, was also an aide and she never contracted COVID-19 at the facility. Advanced Subacute did not require Doto to wear an N-95 mask, but instead a surgical mask, though N-95 masks were available to all employees. He was also required to attend period mandatory meetings with other high-risk employees, the last of which he attended was in November 2020. All employees were required to test for COVID-19 and there were no reported cases from June to October 2020. On December 23, 2020, Doto tested positive for COVID-19 and passed away on January 18, 2021. The last member of housekeeping that Doto may have encountered tested positive 22 days earlier. After his death, OSHA found two “serious” violations concerning the N-95 masks worn by housekeepers. In response, Advanced Subacute fit tested all non-clinical staff. Doto’s estate filed a workers’ compensation claim and named both BP and Advanced Subacute as his employer. The estate received an award. In July 2022, the plaintiffs filed a complaint in the Law Division, alleging wrongful death and survivor causes of action. In October 2024, the defendants moved for summary judgment, arguing: 1) immunity pursuant to the Emergency Health Powers Act: 2) the exclusive remedy provision of the Workers’ Compensation Act; 3) Doto’s inability to establish infection at the facility; 4) net expert opinions by the plaintiffs’ expert; and 5) inadmissibility of the OSHA report. The plaintiffs opposed and filed a cross-motion for summary judgment, arguing: 1) no immunity as Advanced Subacute engaged in gross negligent or willful misconduct; 2) no preclusion by the Workers’ Compensation Act as Doto was not Advanced Subacute’s employee; and 3) no net expert opinions. In February 2025, the judge issued a written decision granting the defendants’ motion. Specifically, he found Advanced Subacute’s COVID-19 immunity precluded the plaintiffs’ claim as no reasonable jury could find any gross negligence or utter disregard for Doto’s safety. He also addressed the other defenses for completeness. The plaintiffs moved for reconsideration and the judge issued another written decision denying the plaintiffs’ motion in April 2025. The plaintiffs then appealed both decision. The Appellate Division affirmed the orders for reasons stated by the judge in his written decisions. The Appellate Division only added: 1) Advanced Subacute acted consistently with the legislative grant of immunity; 2) there was no doubt Doto was an employee of both BP and Advanced Subacute and the latter may have inadvertently failed to follow some precautions; and 3) confirmed the plaintiffs’ experts did not identify a basis for their opinions. Ultimately, the Appellate Division found no reason to disturb the judge’s well-reasoned decisions and affirmed the judge’s orders.

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Florida Supreme Court Adopts Traditionally More Expansive Concept of Occupational Causation

The Florida Supreme Court issued a significant decision rebuking the First District Court of Appeal (1st DCA) in the high-profile case of Bouayad v. Normandy Insurance Co., a case addressing the compensability of workplace injuries resulting from assaults by third-party tortfeasors. The Judge of Compensation Claims (JCC) found the claimant was entitled to workers' compensation benefits, relying in part on the Florida Supreme Court's earlier decision in Strother v. Morrison Cafeteria from 1980. In Strother, the Court upheld an award of benefits to a cashier who was assaulted and robbed by individuals who followed her home from work under the mistaken belief that she was carrying restaurant cash deposits. In Bouayad, the 1st DCA concluded that the claimant's injuries were not compensable because they did not arise out of his employment. The Florida Supreme Court disagreed, holding that the 1st DCA applied too narrow an interpretation of the "arising out of employment" requirement. In doing so, the Court reaffirmed a broader and more traditional view of occupational causation than that recently adopted by the 1st DCA. The claimant in Bouayad was the general manager of a car rental business operating from a hotel near an airport. Around midnight, while walking along a covered outdoor walkway from the hotel's atrium, where the rental kiosk was located, to an office near the pool, he was shot multiple times by an unidentified assailant. As part of his regular duties, the claimant carried rental agreements and cash receipts from the kiosk to the office at the end of each shift. After the shooting, the claimant managed to return to the hotel atrium, where he stated that he believed "Robert" had shot him, referring to an individual who had threatened the claimant's son the previous day. The assailant, however, was never identified. Consequently, the Supreme Court analyzed the case as involving an unknown third party while the claimant was acting within the course and scope of his employment. The central issue therefore was whether the injury "arose out of" the claimant’s employment. At the final hearing, the claimant presented evidence regarding the risks and hazards associated with his employment, including the nature of his duties, his late-night work schedule, and the location of the business in a high-turnover hotel near a major airport. His expert opined that these factors exposed him to an increased risk of becoming the victim of a crime while at work. In contrast, the employer/carrier's expert characterized the shooting as a targeted attack rather than a robbery and asserted that the risk of violent crime was actually higher near the claimant's residence than at the hotel. Based on that analysis, the expert concluded that the claimant was not exposed to an increased workplace risk. The 1st DCA focused narrowly on the specific activity the claimant was performing at the moment of injury. According to the court, the claimant's “work performed” at the time of the shooting was simply "walking" between two employer-operated locations, and that act of walking did not itself cause the injury. The Florida Supreme Court found this analysis far too myopic and inconsistent with decades of workers' compensation precedent. Reaffirming longstanding principles of workplace causation, the Court explained that the proper inquiry is not whether the precise physical task being performed at the moment of injury directly caused the harm. Rather, the relevant question is whether the employment, viewed as a whole, exposed the worker to risks and hazards that contributed to the injury. The decision is significant because it reinforces a broader conception of work-relatedness in the “arising out of” compensability analysis. Instead of limiting the causation analysis to the employee's discrete physical activity at the time of injury, courts must consider the totality of the employment circumstances, including the employee's duties, work environment, hours, and occupational risks. Under that framework, an injury may arise out of employment when the employment places the employee in a position of increased hazard, even if the specific task being performed at the moment of injury is not itself the direct cause of the harm.