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Christopher J. DiCicco

Co-Chair, Aviation and Complex Litigation Practice

Co-Chair, Maritime Litigation Practice

Portrait of Christopher J. DiCicco

Chris is a shareholder in the Casualty Department where he concentrates his practice mostly in the areas of product liability, admiralty and maritime litigation, and aviation litigation. He previously served as Chair of the firm's Executive Committee Advisory Council.

In the area of product liability, Chris primarily defends the manufacturers and distributors of tools, automatic doors, machinery, and other heavy industrial equipment.

As Co-Chair of the Maritime Litigation Practice, Chris handles maritime personal injury defense cases, including recreational boating cases, marine construction cases, cases involving the Jones Act and Longshore and Harbor Workers’ Compensation Act, and maritime product liability matters. He also handles cargo matters, including those involving warehouses and transportation brokers. Other maritime experience includes claims involving allisions, collisions, groundings, shipboard fires, and marine insurance disputes. 

As Co-Chair of the Aviation and Complex Litigation Practice, Chris has experience representing airports in aircraft crash cases, as well as representing a flight training provider and one of its pilots. He also has experience handling matters on behalf of a major airline, including baggage and ticket disputes, and claims involving travel agencies. Through his experiences with these matters, he has gained knowledge about airport operations, flight operations, manufacture of aircraft and engine components, aircraft repair and maintenance, Federal Air Regulations and FAA oversight. Chris is also a member of the Aviation Insurance Association, as well as a member of the Insurance Law Global Aviation Subgroup.     

Chris graduated with honors from Villanova University with a bachelor's degree in Political Science. He obtained his juris doctor from Brooklyn Law School.

Chris has been recognized for the last several years as a New York Metro and New Jersey Super Lawyer Rising Star.

Chris is admitted to practice in New York, New Jersey and the Commonwealth of Pennsylvania and he actively handles litigation in all of those jurisdictions.

    • Brooklyn Law School (J.D., 2011)
    • Villanova University (B.A., cum laude, 2008)
    • New Jersey, 2011
    • U.S. District Court District of New Jersey, 2011
    • New York, 2012
    • U.S. District Court Eastern District of New York, 2012
    • U.S. District Court Southern District of New York, 2012
    • U.S. Court of Appeals 2nd Circuit, 2014
    • Pennsylvania, 2021
    • U.S. District Court Eastern District of Pennsylvania, 2021
    • The Best Lawyers: Ones to Watch®, Transportation Law (2023-2024)
      The Best Lawyers list is issued by Woodward & White. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • The Best Lawyers: Ones to Watch®, Personal Injury Litigation – Defendants (2024)
      The Best Lawyers list is issued by Woodward & White. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • New Jersey Super Lawyer Rising Star (2018-2026)
      The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • New York Metro Super Lawyer Rising Star (2015-2021)
    • New York Metro Super Lawyer (2024-2025)
    • Aviation Insurance Association
    • Maritime Law Association of the United States
    • Around the World in 45 Minutes, ILG 360º London Annual Conference 2023, March 15, 2023
    • (Not So) Straight Forward and Freight Forward: Claims Handling Under Shipper's Interest Cargo Insurance, AIMU/MICA Seminar “Marine Insurance: A Global Perspective,” New York, June 2018
    • Schoenbaum Longshore & Harbor Workers Compensation Act - Chapter 5, Marshall Dennehey Client Presentation, March 2018
    • Chapter 3 –Schoenbaum's Admiralty and The General Maritime Law (3-14 through 3-24), Client Seminar, December 16, 2015
    • Chapter 3 –Schoenbaum's Admiralty and The General Maritime Law (3-1 through 3-13), Client Seminar, November 17, 2015
    • Impact of Long Shore and New York Labor Law, the Jones Act and McBride Decision on Punitive Damages Under Maritime Law, Client Seminar, April 2015
    • Brief Overview of New York No-Fault Insurance Law, April 2012
    • Case Law Alerts, regular contributor, 2016-present
    • “Brief Overview of Shipowner’s Limitation of Liability Act – History, Procedure and Recent Trends,” Defense Digest, Vol. 20, No. 1, March 2014
    • Successfully obtained summary judgment dismissing all claims against our client in a marine construction NY Labor Law case pending in Supreme Court Rockland County. The case involved bodily injuries sustained to an employee of our client which was a sub-subcontractor at the site of the new Mario Cuomo Bridge. The property owner, general contractor and the subcontractor each cross-claimed and/or third-partied our client into the case seeking contractual and common law indemnity and contribution pursuant to the terms and conditions of the various contracts.  We argued and the Court agreed, since there was no finding of negligence against our client causing the injuries sustained to plaintiff, the indemnification clauses were not implicated. The Court found that there was no evidence demonstrated that our client caused in whole or in part the injuries plaintiff sustained. The plaintiff and general contractor made  motions to reargue which  were both denied. The parties also filed appeals which are currently pending in the Appellate Division.
    • Obtained summary judgment in a maritime personal injury case in favor of The City of New York and the New York City Economic Development Corp. (NYCEDC). ​The suit was for personal injuries sustained to a dock builder. The City was the owner of the East River Ferry Landing’s Project at a pier on East 34th Street in Manhattan. The NYCEDC acted as The City’s project manager. Suit was brought under the New York State Labor Law Sections 200, 240(1), and 241(6), as well as common law negligence. As to the Labor Law 240(1), the court determined that this section did not apply to the facts as the plaintiff’s alleged injury (caused by the repetitive nature of receiving buckets of epoxy, which were lowered down to him from a barge, and then he carried the buckets across a float stage and poured the epoxy into pile jackets) was only tangentially related to gravity and was not caused by the kind of gravity-related risks that Labor Law 240(1) intended to cover. As to the plaintiff’s Labor Law 200 and common law negligence claims, plaintiff’s counsel conceded during oral argument that there was no basis to proceed with such claims against The City and NYCEDC. Lastly, with respect to the plaintiff’s Labor Law 241(6) claims, the plaintiff did not oppose our motion to dismiss that claim. 
    • Obtained the dismissal for our client by motion as a result of plaintiff's failure to comply with the applicable two-year statute of limitations.  Our client was the owner of the facility at which plaintiff was operating a loaded trailer while in the employ of the lessee of the yard, when the trailer tipped over while plaintiff was moving it from the loading bay to the other side of the yard.  Plaintiff sustained very serious bodily injuries.  In addition to the dismissal of plaintiff's Complaint, we also recovered approximately 50% of our attorney's fees incurred on behalf of our client on our third-party claims against the plaintiff’s employer and lessee of the yard, pursuant to the lease agreement between our client and the lessee of the yard.
    • Obtained the dismissal of plaintiff's cargo claims against our client, a non-vessel operating common carrier, during a bench trial in the Superior Court of New Jersey, Union County, Special Civil Part, following the successful cross-examination of the plaintiff.
    • Obtained summary judgment on behalf of the owner and property management company of a senior housing complex in a case in which the elevator car doors on one of the elevators in the building struck plaintiff as she was entering the elevator, resulting in personal injuries.  The plaintiff alleged that our clients were negligent in allowing a hazardous condition to exist on the property.  At the conclusion of discovery, we moved for summary judgment on liability, arguing the lack of any evidence of a defect or malfunction with respect to the elevator doors on the incident date, or alternatively, the lack of any actual or constructive notice of the alleged hazardous condition, if it even existed in the first place.  The court (Monmouth County Superior Court) agreed, focusing on the lack of notice to the owner and property manager, and granted our motion for summary judgment dismissing all claims and cross-claims against our clients, with prejudice. 
    • Obtained the dismissal of the plaintiff’s personal injury action, which arose from a boating accident that occurred during a regatta that took place in the waters off of Little Egg Harbor in Beach Haven, New Jersey.  At the time of the accident, the plaintiff was sixteen years old.  The lawsuit was not commenced until more than three years after the accident.  We filed a motion to dismiss the Complaint on the basis that it was barred by the three (3) year Uniform Statute of Limitations (46 U.S.C. § 30106 (formerly 46 U.S.C. § App’x 763a)) applicable to all maritime tort actions and was not subject to New Jersey’s infant tolling statute.  The United States District Court for the District of New Jersey agreed and granted our motion dismissing the plaintiff's Complaint.

Results

Claims Dismissed in Marine Construction NY Labor Law Case

Our team successfully obtained summary judgment dismissing all claims against our client in a marine construction NY Labor Law case pending in Supreme Court Rockland County. The case involved bodily injuries sustained to an employee of our client, which was a sub-subcontractor at the site of the new Mario Cuomo Bridge. The property owner, general contractor and the subcontractor each cross-claimed and/or third-partied our client into the case. They sought contractual and common law indemnity and contribution pursuant to the terms and conditions of the various contracts. We argued, and the court agreed, that since there was no finding of negligence against our client causing the injuries sustained by the plaintiff, the indemnification clauses were not implicated. The court found that there was no evidence demonstrating that our client caused in whole or in part the injuries the plaintiff sustained.

Successful Defense of Marine Construction New York Labor Law Case

Marshall Dennehey successfully obtained summary judgment, dismissing all claims against our client in a marine construction New York Labor Law case in the Supreme Court in Rockland County. ​The case involved bodily injuries sustained to an employee of our client, a sub-subcontractor at the site of the new Mario Cuomo Bridge. The property owner, general contractor and the subcontractor each cross-claimed and/or third-partied our client into the case, all seeking contractual and common law indemnity and contribution pursuant to the terms and conditions of the various contracts. We argued, and the court agreed, that since there was no finding of negligence against our client in causing the injuries sustained to the plaintiff, the indemnification clauses were not implicated. The court found there was no evidence demonstrating that our client caused, in whole or in part, the injuries the plaintiff sustained. The plaintiff and general contractor filed motions to reargue, which were denied.

Thought Leadership

Case Law Alerts

U.S. Supreme Court Held that Choice-of-Law Clauses in Maritime Contracts Are Presumptively Enforceable Under Federal Maritime Law

April 1, 2024

On February 21, 2024, the Supreme Court of the United States, in a unanimous opinion delivered by Justice Kavanaugh, held that choice-of-law clauses in maritime contracts are presumptively enforceable under federal maritime law, subject to two narrow exceptions: (1) when the chosen law would contravene a controlling federal statute or established federal maritime policy; or (2) when the contracting parties cannot show any reasonable basis for the chosen jurisdiction. The second exception must be applied with “substantial deference to the contracting parties.” Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, Case No. 22-500, Slip Op. at 10-11 (Feb. 21, 2024). The Court stated that “the uniformity and predictability resulting from choice-of-law provisions are especially important for marine insurance contracts given that marine insurance is ‘an integral of virtually every maritime transaction, and maritime commerce is a vital part of the nation’s economy.’” Id. at 9 (quoting M. Sturley, Restating the Law of Marine Insurance: A Workable Solution to the Wilburn Boat Problem, 29 J. Mar. L. & Com. 41, 45 (1998). This decision is a very favorable and significant result for marine insurers and the principle of maritime uniformity.  Case Law Alerts, 2nd Quarter, April 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Case Law Alerts

SCOTUS Grants Certiorari to Hear Marine Insurance Dispute

April 1, 2023

The Supreme Court of the United States recently granted certiorari to decide whether, under federal admiralty law, “a choice of law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the ‘strong public policy’ of the state whose law is displaced.” The underlying claim involved damage to a vessel that ran aground, which resulted in the vessel owner filing a coverage claim under its marine insurance policy. The insurer denied coverage and subsequently filed a declaratory judgment action seeking to rescind the policy. The vessel owner then filed multiple counterclaims, including extra-contractual claims under Pennsylvania law. The insurer subsequently moved for judgment on the pleadings on the Pennsylvania law counterclaims, arguing that the policy’s choice of law provision required the application of New York law, precluding those counterclaims. The United States District Court for the Eastern District of Pennsylvania ruled in favor of the insurer, and the vessel owner appealed to the Third Circuit Court of Appeals. The Third Circuit reversed and remanded, finding that a choice of law provision is unenforceable if it “would contravene a strong public policy of the forum in which suit is brought.” The Third Circuit instructed the District Court to consider whether Pennsylvania “has a strong public policy that would be thwarted by applying New York law.” In turn, the insurer filed a petition for writ of certiorari, which the Supreme Court granted, limited to the above-referenced question. The Supreme Court’s decision on this issue may have wide-ranging implications on contract cases going forward, particularly those involving choice-of-law provisions.  Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Firm Highlights

Thought Leadership

Supreme Court of Pennsylvania Holds That Public Policy Does Not Prevent Insurance Coverage for Sex Trafficking Claims

On July 21, 2026, the Supreme Court of Pennsylvania issued an opinion emphasizing the limited circumstances in which courts may invoke public policy to bar insurance coverage, holding in Samsung Fire & Marine Insurance Co., Ltd. (U.S. Branch) v. RI Settlement Trust that Pennsylvania public policy does not preclude coverage for claims alleging that insureds enabled or profited from human sex trafficking. The decision rejects a line of federal district court decisions predicting otherwise and reinforces that Pennsylvania courts will invoke the public policy doctrine only in the clearest of circumstances. RI Settlement is particularly significant because it arose on certified questions from the United States Court of Appeals for the Third Circuit, giving the Supreme Court the opportunity to resolve an issue on which federal courts had predicted Pennsylvania law differently. RI Settlement arose out of four separate civil complaints in which the underlying plaintiffs alleged that, as minors, they were the victims of human sex trafficking at various hotels in Philadelphia. The plaintiffs claimed that the hotel owners were negligent in failing to stop the sex trafficking from happening at their hotels. After the filing of the lawsuits, the hotel owners sought coverage under their Commercial General Liability policies. The insurers initially defended the hotels under Reservation of Rights letters, though the carriers later filed Declaratory Judgment actions seeking declarations that they did not owe a duty to defend or indemnify. In short, the insurers argued in the alternative that they did not owe any obligation to provide coverage based upon Pennsylvania public policy (because the claims violated the Human Trafficking Law – 18 Pa.C.S. § 3011) and the terms and conditions of the policy. On motions for judgment on the pleadings, the District Court found for the insurers on the basis of public policy: There is no duty to defend or indemnify against actions arising out of an insured's criminal conduct related to the sex trafficking of minors. The Court appreciates that it may make public policy the basis of a judicial decision only in “the clearest of cases.” See Minnesota Fire & Cas. Co. v. Greenfield, 589 A.2d 854, 868 (Pa. 2004) (quoting Hall v. Amica Mut. Ins. Co., 648 A.2d 755, 760 (Pa. 1994)). Yet, the Court strains to imagine a clearer case than the one presented here in which the facts alleged indicate that Policyholders engaged in criminal conduct in violation of Pennsylvania's Human Trafficking Law. The hotel owners appealed the matter to the Third Circuit, which petitioned the Supreme Court of Pennsylvania to grant review of two certified questions of law: (1) whether Pennsylvania law had an “overriding public policy” against sex trafficking, such that an insurer’s duty to defend and/or indemnify is abrogated when an insured is alleged to have enabled or profited from such trafficking; and (2) if yes, is that duty abrogated whenever the insured’s alleged conduct would constitute a violation of the Pennsylvania Human Trafficking statute. Importantly, the certified questions did not ask the Supreme Court to determine whether the policies afforded coverage under their terms. Rather, the court was asked only whether Pennsylvania public policy independently barred coverage. As a result, the court assumed for purposes of answering the certified questions that the insurers otherwise owed a duty to defend and addressed only the public policy issue, leaving all policy-based coverage defenses for further proceedings. Because the court concluded that the answer to the first certified question was “no”, it did not reach the second issue. In reaching its determination that Pennsylvania public policy does not prohibit insurance coverage for sex trafficking claims, the court limited the impact of its decision in Minnesota Fire & Cas. Co. v. Greenfield, 855 A. 2d 854, 855 (Pa. 2004), which the RI Settlement opinion emphasized as having been an “Opinion Announcing Judgment of the Court” – or a plurality opinion. In Greenfield, the insured homeowner was sued by the estate of his houseguest who overdosed from heroin that he sold to her. The matter wound its way to the Supreme Court, which determined that the insurer did not owe a duty to defend or indemnify based upon Pennsylvania public policy, which criminalized the sale and use of heroin as a Schedule I narcotic. In RI Settlement, the court “decline[d] the invitation” to extend the rationale of the three-justice plurality in Greenfield beyond cases involving Schedule I controlled substances. In so holding, the justices in RI Settlement refused to “divine an overriding public policy pronouncement by the General Assembly by virtue of its enactment of the Human Trafficking Law.” The opinion further states that it is not “within the purview of this Court to rank the magnitude of the public policy underlying the various crimes defined in the Crimes Code. It is sufficient for the work of the courts to know that the General Assembly has identified conduct it deems harmful and dangerous to the maintenance of an orderly society and criminalized it.” While the court declined to declare that Pennsylvania public policy prohibits coverage for sex trafficking claims, the opinion in RI Settlement expressly states that insurers are free to include appropriate exclusionary language for such causes of actions in their policies if they desire to do so. It will certainly be interesting to see whether the insurance industry accepts the court’s invitation, or perhaps whether the Pennsylvania legislature steps in to clarify that sex trafficking claims are indeed of the type or magnitude that they should not be covered by insurance. In any event, we will, of course, continue to monitor this and other insurance coverage issues that arise before courts in Pennsylvania, New Jersey and throughout our firm’s geographic footprint and around the country.

Thought Leadership

New Jersey Appellate Division Affirms Exclusion of Legal Malpractice Expert as Impermissible Net Opinion

Jack Slimm and Jeremy Zacharias obtained a favorable decision on behalf of their client in a case centering on the admissibility of expert testimony in legal malpractice actions. In Martin v. Loury, the New Jersey Appellate Division affirmed the exclusion of a plaintiff's legal malpractice expert, holding that the expert's opinions on causation and damages were too speculative to support the malpractice claim. The legal malpractice action arose from an underlying employment dispute involving claims for damages stemming from the breach of an employment agreement. The plaintiff alleged that defense counsel committed malpractice during a second trial by failing to recall the plaintiff as a rebuttal witness after the employer's CEO testified. According to the plaintiff's expert, additional rebuttal testimony would have bolstered the plaintiff's damages claims and led to a more favorable result. Both the trial court and the Appellate Division rejected that theory. The courts found that the expert could not explain how the proposed rebuttal testimony would have altered the outcome of the underlying case or resulted in any additional recoverable damages. Notably, the trial judge in the underlying employment matter had already rejected the CEO's testimony as not credible and had accepted the damages analysis advanced by the plaintiff. The court had also determined that the amount of damages was not genuinely disputed. As a result, the expert's opinion that additional rebuttal testimony would have produced a better outcome was unsupported by the record and based on speculation rather than evidence. The Appellate Division agreed that neither the plaintiff nor the expert could identify any actual damages attributable to the alleged malpractice or demonstrate the required element of proximate causation. The court further upheld the trial court's application of New Jersey's net opinion doctrine, finding that the expert failed to provide the necessary "why and wherefore" supporting his conclusion that the attorney's conduct caused a compensable loss. Because the opinions rested on unquantified possibilities rather than demonstrable facts, they were inadmissible. Key Takeaway for Legal Malpractice Defendants For attorneys and firms defending legal malpractice claims, Martin v. Loury underscores the importance of closely scrutinizing an opponent's expert report on the critical elements of proximate causation and damages. The decision demonstrates that a malpractice claim cannot survive where an expert merely speculates that different litigation tactics might have produced a better result. Instead, the plaintiff must present admissible expert testimony grounded in the record that explains how the alleged attorney error probably changed the outcome of the underlying matter and resulted in measurable damages.

Thought Leadership

Court Allows Recklessness and Punitive Damages Claims to Proceed After Work‑Zone Crash

In a case where a defendant filed preliminary objections against allegations of recklessness and punitive damages, the Susquehanna County Court of Common Pleas denied these preliminary objections. This case stems from a motor vehicle accident, where the defendants car struck the plaintiffs car after the defendant allegedly fell asleep at the wheel, going at a high rate of speed, through a construction work zone. Defendant first objected to the general allegations throughout the plaintiff’s complaint pertaining to “reckless” conduct contending that there were insufficient factual allegations to support the claim of reckless conduct. Defendant next objected to the plaintiffs claim for punitive damages, as punitive damages may only be assessed against a motorist for falling asleep while driving if there is further evidence to prove driver was aware of their drowsiness and risk of falling asleep. Lastly, defendant objected to plaintiffs complaint, claiming it lacked specificity. The court here found that the plaintiff had included in the complaint specific allegations related to the defendant’s alleged recklessness, including allegations regarding speeding in a work zone, almost striking the flagger, falling asleep at the wheel, and striking the plaintiffs vehicle which was stopped. Additionally, the court noted that falling asleep does not come without warning. The court found that these allegations were sufficient to support an allegation of recklessness at the pleadings stage.

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.