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Danielle M. Vugrinovich

Chair, Consumer Financial Services Litigation Practice Group

Portrait of Danielle M. Vugrinovich

Danielle serves as the chair of the Consumer Financial Services Litigation practice group, litigating Fair Debt Collection Practices Act claims brought by debtors against the collectors assigned to recover the debt.  Danielle also defends collectors in suits alleging claims for the violation of the Fair Credit Reporting Act and Telephone Consumer Protection Act. She is frequently called on to speak nationally on topics related to the collection industry. She also dedicates a portion of her practice to mass and toxic torts relating to asbestos exposure.  Danielle’s asbestos practice includes all phases of litigation throughout the life of a case.  She also is experienced in handling premises liability, automobile accident cases, construction and general insurance defense.

Additionally, Danielle practices in the area of employment law relative to public and private entities. She has litigated federal claims brought pursuant to Title VII, the Family Medical Leave Act, Age Discrimination in Employment Act and the Americans with Disabilities Act, as well as pendant state law claims for whistleblower activities and violations of the Pennsylvania Human Relations Act. Danielle also has experience litigating employment cases at the administrative level before both the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission. Danielle also defends various professionals when they are sued for matters relating to their employment.   

In 1998, Danielle graduated from Duquesne University with a Bachelor of Arts in psychology. In 2001, she earned her juris doctor from Duquesne University School of Law.

    • Thomas R. Kline School of Law of Duquesne University (J.D., 2001)
    • Duquesne University (B.A., 1998)
    • Pennsylvania, 2001
    • U.S. District Court Western District of Pennsylvania, 2001
    • U.S. Court of Appeals 3rd Circuit, 2017
    • U.S. District Court Middle District of Pennsylvania, 2021
    • U.S. District Court Eastern District of Pennsylvania, 2022
    • The Best Lawyers in America©, Mass Tort Litigation / Class Actions - Defendants (2027)
    • Pennsylvania Super Lawyer Rising Star (2016)
    • ACA International (The Association of Credit and Collection Professionals)
    • Allegheny County Bar Association
    • The National Creditors Bar Association (NCBA)
    • Pennsylvania Bar Association
    • Stop! Gavel Time!:  A Collection and Cross Claim Mock Trial,  National Creditors Bar Association, Fall Convention, Nashville, TN, October 2018
    • We Don't Know Where We Are, But We Are Making Really Good Time:  Keeping Up with Ever Changing Technology and the Conundrums It Presents, National Creditors Bar Association, Spring Convention, Austin, TX, May 2018
    • Solving the "Meaningful Involvement" Puzzle, National Creditors Bar Association, Washington, D.C., Fall Convention, October 2017
    • Recent Litigation Trends and How to Avoid Them, National Association for Retail Collection Attorneys Spring Convention, May 2015
    • Primer on the Fair Credit Reporting Act, Pennsylvania Bar Institute, June 10, 2014
    • "Reasonable Investigations" under the Fair Credit Reporting Act, ACA International Convention, San Diego, CA, July 2013
    • Primer on the Fair Debt Collection Practices Act, Pennsylvania Bar Institute, June 18, 2013
    • Employment Liability in the Cyber Age, Marshall Dennehey / AIG Employment Seminar, Pittsburgh, PA, May 2, 2013
    • Primer on the Fair Debt Collection Practices Act, Pennsylvania Bar Institute, 2011
    • The FDCPA: Jerman v. Carlisle and the Impact on the Bona Fide Error Defense, Pennsylvania Bar Institute, 2010
    • Primer on the Fair Debt Collection Practices Act, Pennsylvania Bar Institute, 2010
    • "Pennsylvania Supreme Court Strengthens Legal Protections for Home Inspectors," PLUS Blog, October 28, 2025
    • “‘Because of an Individual’s Sex’—The Supreme Court of the United States Holds that Sexual Orientation and Gender Identity Qualify for Protection Under Title VII,” Defense Digest, January 2021, Vol. 27, No. 1
    • "Best Practices Regarding Stacking Waivers in Pennsylvania," Legal Updates for Insurance Agents & Brokers, June 2019
    • "The Need for Clarity in Counseling Customers," Legal Updates for Insurance Agents & Brokers, November 16, 2018
    • "Sexual Orientation and Gender Identity Are Not Protected Classes under Title VII…Or Are They?," Defense Digest, Vol. 23, No. 2, June 2017
    • "No Proof That Firing Was Retaliation for Intent to Promote Black Employee,"SHRM Court Reports, March 4, 2016
    • "Qualified Immunity Not Strictly for Governmental Employees Anymore," Defense Digest, Vol. 18, No. 3, September 2012
    • "The Supreme Court Considers the Privacy Rights of a Public Employee's Communications on an Electronic Device Provided by the Public Employer," Defense Digest, Volume 16, No. 3, September 2010 
    • Obtained summary judgment in favor of a Borough, its Chief, a Detective, a Lieutenant and a School Resource Officer, in a civil rights lawsuit alleging that no probable cause existed to charge the Plaintiff, a local high school teacher, with witness intimidation arising from an alleged incident involving a female student in his class who was a victim of institutional sexual assault by another teacher.
    • Obtained summary judgment on behalf of a life insurance agent in a fraud and negligence action. The agent was alleged to have forged certain policy documents in an effort to "churn" the existing policies the plaintiffs possessed into additional policies rather than increase the amount of coverage of the original policies.
    • Obtained summary judgment on behalf of an alleged joint employer in a Family Medical Leave Act and Americans with Disabilities Act case, successfully arguing that the entity did not qualify as a joint employer; thus, it was not subject to liability under either Act.
    • Obtained summary judgment on behalf of a real estate agent for allegedly failing to disclose that the property at issue did not have public sewer system.
    • Summary judgment granted for insurer in a claim for breach of contract and bad faith where the homeowner made a claim for vandalism when his tenant did not finish renovating the leased premises.  The Court held that the damages were not "sudden and accidental" and that the policy exclusions for faulty workmanship and renovations were applicable as a matter of law.
    • Obtained summary judgment in a civil rights case in which the plaintiff alleged a violation of his Fourth and Fourteenth Amendment rights claiming excessive use of force was applied during his arrest and detention. 
    • Obtained favorable decision based upon governmental immunity in municipal tort action alleging negligence of the municipal authority's contractor in the connection of the water line to the plaintiff's residence. 
    • Summary judgment granted in a private entity employment case in which the plaintiff alleged gender and age discrimination while employed as a diagnostic imaging marketing representative. 
    • Summary judgment granted in a civil rights case in which the plaintiff alleged a violation of his Fourth Amendment right to be free from unreasonable search and seizure and claimed that he was subject to racial profiling. 
    • Summary judgment granted in a civil rights case in which the plaintiff alleged the violation of his First, Fourth, Fifth and Fourteenth Amendment rights pursuant to 42 U.S.C. 1983, violation of 1985 and state law claims of malicious prosecution, false arrest/false imprisonment, and conspiracy against a municipality for its police officers' response to a call from his residence. 
    • Summary judgment granted in municipal entity employment case in which the employee alleged she was subjected to race and disability discrimination after she was terminated following a reduction in force. 

Results

Dismissal of Class Action Against a Retailer

Our retail client faced a class action suit alleging claims it charged Pennsylvania state tax on face masks/coverings during the COVID-19 pandemic (when they were not subject to sales tax). The plaintiff on his own behalf and on behalf of the putative class alleged claims for violations of the Pennsylvania Unfair Trade Practices Consumer Protection Law and the Pennsylvania Fair Credit Extension Uniformity Act, as well as common law claims for unjust enrichment, fraud and misappropriation/conversion. The plaintiff claimed that face masks and coverings became exempt from Pennsylvania sales tax as of March 6, 2020, when the governor issued a Proclamation of Disaster Emergency. Prior to the Proclamation, non-medical face masks/coverings were subject to sales tax because they were classified as ornamental wear or clothing accessories. The court held that the plaintiff failed to state a claim for any of the causes of action alleged and held that amendment would be futile.

Defense Prevails in Civil Rights Lawsuit.

We obtained summary judgment in favor of a borough, its police chief, a detective, a lieutenant and a school resource officer in a civil rights lawsuit. ​The plaintiff, a local high school teacher, alleged that no probable cause existed to charge him with witness intimidation, arising from an alleged incident involving a female student who was a victim of institutional sexual assault by another teacher. In its opinion granting summary judgment, the court determined that the Affidavit of Probable Cause, which was the basis for charges against the plaintiff, was supported by the evidence at the time the affidavit was prepared. The court also held that, because no violation of Section 1983 existed, all claims against the individuals and the municipality must be dismissed. Finally, the court ruled that the individual defendants enjoyed qualified immunity because no constitutional violation existed.

Thought Leadership

Defense Digest

Pennsylvania Supreme Court Slams Door Shut on Claims Filed Against Home Inspectors

December 1, 2025

Key Points: PA Supreme Court affirmed that home inspectors in Pennsylvania are protected by a one-year statute of repose under the state’s Home Inspection Law. Any lawsuit against a home inspector must be filed within one year of the inspection, regardless of when the problem is discovered. Decision provides an important tool for defending claims brought against home inspectors more than one year after delivery of the inspection report. This article originally appeared in the October 28, 2025, issue of PLUS Blog.  The Pennsylvania Supreme Court recently affirmed that home inspectors in Pennsylvania are protected by a one-year statute of repose under the state’s Home Inspection Law. This means that any lawsuit against a home inspector must be filed within one year of the inspection—regardless of when the problem is discovered.      In Gidor v. Mangus d/b/a Mangus Inspections, 2024 WL 80950 (Pa. Super. Jan. 8, 2024), the Superior Court found that Section 7512 of the Pennsylvania Home Inspection Law (68 Pa.C.S. § 7512) operated as a statute of repose, not a statute of limitations, and thus was not tolled by the discovery rule.  Ms. Gidor’s petition for allowance of appeal to the Pennsylvania Supreme Court focused on the designation of Section 7512 as a statute of repose, arguing that the statute is ambiguous and places the burden of commencing an action on a plaintiff as opposed to a defendant, raises constitutional issues, and violates legislative intent. In response, Mangus analogized Section 7512 to the Construction Statute of Repose and raised public policy considerations as to the intent of the General Assembly to limit claims against home inspectors.  The Pennsylvania Supreme Court rejected the argument that the language was ambiguous and that a statute of repose requires a precipitating event by a defendant. The court unequivocally concluded that Section 7512 is a statute of repose “because it plainly, unambiguously, and without equitable exceptions, requires a plaintiff to commence an action within a specified time period after the occurrence of a definitely established event, regardless of when the claim accrues.” Id. at *13. As set forth by the Pennsylvania Supreme Court, “unlike a statute of limitations, a statute of repose ‘is not related to the accrual of any cause of action’ because the injury need not have occurred, much less been discovered.” Id. at *8 (citing Abrams v. Pneumo Abex Corp., 981 A.2d 198, 211 (Pa. 2009)). To be sure, the date of accrual and preclusion of the discovery rule is a key distinction between a statute of limitations and statute of repose, and has clear implications for the viability of a litigant’s claim.  This decision provides an important tool for defending claims brought against home inspectors more than one year after delivery of the inspection report. Best practices for home inspectors include: •    Treat the date of report delivery as the critical cutoff for potential litigation. •    Deliver reports promptly to start the one-year clock running. •    Use time-stamped delivery methods—such as email or certified mail—to establish proof of delivery. •    Maintain clear records of both the delivery date and the report itself for an extended period, ensuring documentation is available if a claim is later filed. The litigation process can be lengthy and tedious, particularly in the context of complicated real estate transactions. The Gidor decision will force claimants to expeditiously decide whether to pursue claims, and may limit future litigation to the extent purported defects are latent or undisclosed beyond the one-year statute of repose period. Dana is Chair of our Real Estate E&O Liability Practice Group. She works in our Philadelphia, PA office and can be reached at 215-575-4556 or DAGittleman@mdwcg.com. Danielle is Chair of our Consumer Financial Services Litigation Practice Group. She works in our Pittsburgh, PA office and can be reached at 412-803-1185 or DAGittleman@mdwcg.com.  Defense Digest, Vol. 31, No. 4, December 2025, is prepared by Marshall Dennehey to provide information on recent legal 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. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Legal Updates for Real Estate E&O Liability

Pennsylvania Supreme Court Strengthens Legal Protections for Home Inspectors

November 1, 2025

This article was originally posted by PLUS Blog on October 28, 2025, by plushq. The Pennsylvania Supreme Court recently affirmed that home inspectors in Pennsylvania are protected by a one-year statute of repose under the state’s Home Inspection Law. This means that any lawsuit against a home inspector must be filed within one year of the inspection—regardless of when the problem is discovered. In Gidor v. Mangus d/b/a Mangus Inspections, 2024 WL 80950 (Pa. Super. Jan. 8, 2024), the Superior Court found that Section 7512 of the Pennsylvania Home Inspection Law (68 Pa. C.S.A. § 7512) operated as a statute of repose, not a statute of limitations, and thus was not tolled by the discovery rule. Ms. Gidor’s petition for allowance of appeal to the Pennsylvania Supreme Court focused on the designation of Section 7512 as a statute of repose, arguing that the statute is ambiguous and places the burden of commencing an action on a plaintiff as opposed to a defendant, raises constitutional issues, and violates legislative intent. In response, Mangus analogized Section 7512 to the Construction Statute of Repose and raised public policy considerations as to the intent of the General Assembly to limit claims against home inspectors. The Pennsylvania Supreme Court rejected the argument that the language was ambiguous and that a statute of repose requires a precipitating event by a defendant. The court unequivocally concluded that Section 7512 is a statute of repose “because it plainly, unambiguously, and without equitable exceptions, requires a plaintiff to commence an action within a specified time period after the occurrence of a definitely established event, regardless of when the claim accrues.” Id. at *13. As set forth by the Pennsylvania Supreme Court, “unlike a statute of limitations, a statute of repose ‘is not related to the accrual of any cause of action’ because the injury need not have occurred, much less been discovered.” Id. at *8 (citing Abrams v. Pneumo Abex Corp., 981 A.2d 198, 211 (Pa. 2009)). To be sure, the date of accrual and preclusion of the discovery rule is a key distinction between a statute of limitations and statute of repose and has clear implications for the viability of a litigant’s claim. This decision provides an important tool for defending claims brought against home inspectors more than one year after delivery of the inspection report. Best practices for home inspectors include: Treat the date of report delivery as the critical cutoff for potential litigation. Deliver reports promptly to start the one-year clock running. Use time-stamped delivery methods—such as email or certified mail—to establish proof of delivery. Maintain clear records of both the delivery date and the report itself for an extended period, ensuring documentation is available if a claim is later filed.   Legal Update for Real Estate E&O – November 2025, is prepared by Marshall Dennehey to provide information on recent legal 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. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

Two Tracks, No Preclusion: Ohio Supreme Court Preserves Separate Damages Claims After Chapter 2506 Appeals

The Supreme Court of Ohio has clarified that an administrative appeal under Ohio Revised Code Chapter 2506 does not bar a separate action for damages and declaratory relief that could not have been pursued in the administrative appeal. The Ohio Supreme Court considered Sheetz, Inc. v. Centerville (2026-Ohio-3531) as a result of a certified question from the Southern District of Ohio. The question was whether Sheetz, the gas station/convenience store brand, was barred from seeking damages in a separate action since damages were not sought in their administrative appeal. Ultimately, the Ohio Supreme Court ruled that res judicata does not bar a separate action for damages after ruling on an administrative appeal because R.C. Chapter 2506 is limited to judicial review and cannot grant affirmative relief. The case arose after Centerville’s city council rejected a site plan proposed by Sheetz, Inc. that had received unanimous approval from the City’s planning commission. Sheetz filed an administrative appeal pursuant to R.C. 2506 in the Montgomery County Court of Common Pleas, and two months later filed a complaint for damages and declaratory relief under 42 USC § 1983 as a takings action with the city, city council, and other objectors as improper takings and a violation of due process, as well as interference with business and contractual relationship. The city and city council removed the § 1983 action for damages to federal court. Montgomery County Court of Common Pleas reversed the city council’s denial, and allowed the Sheetz project to move forward. Upon that ruling, the federal court issued a show-cause order questioning whether the § 1983 action was barred by the doctrine of res judicata via claim preclusion (which includes all theories of recovery).  Sheetz argued that Ohio courts of common pleas do not have authority to award damages or declaratory relief as party of the R.C. Ch. 2506 appeal, therefore res judicata could not be triggered to apply to the § 1983 action. Additionally, Sheetz moved to certify the issue to the Ohio Supreme Court, citing differing results between the second and sixth districts on this same issue. Centerville approached the question, not from a claim preclusion standpoint, but from the holding in Grava v. Parkman, Twp which states that a final judgment rendered on the merits bars all subsequent action based on the same transaction or occurrence.  In yet another approach, an objector argued that claim preclusion was satisfied because Sheetz could have raised its damages claims in the administrative appeal – Sheetz disagrees. In their analysis, the Supreme Court of Ohio broke down the elements of a claim preclusion analysis: 1) a prior final, valid decision on the merits by a court of competent jurisdiction; (2) a second action involving the same parties, or their privies, as the first; (3) a second action raising claims that were or could have been litigated in the first action; and (4) a second action arising out of the transaction or occurrence that was the subject matter of the previous action. The Court held that R.C. Ch. 2506 does not permit a party to argue damages as R.C. Ch. 2506 limits the common pleas jurisdiction as if it were sitting on appeal, and therefore can only affirm, reverse, vacate, or modify the appealed order, or can remand the case to the administrative body. Further, the Court held that Grava’s conclusion that a final judgment precludes additional litigation for different relief is inapplicable under this fact pattern because it was meant only to apply to those matters in which the plaintiff brings the exact same case twice, but for new relief. The Court found Grava was inapplicable because Sheetz could have requested damages or declaratory relief in the R.C. 2506 appeal. Therefore, Grava would be nothing more than dicta if it even did apply. Going further, the Ohio Supreme Court disavowed Sixth Circuit precedent which, in reliance on Grava and other district court decisions, permitted an owner to seeking relief under 42 U.S.C. § 1983 alongside an administrative appeal. See Moore v Hiram Twp., 988 F.3d 353 (6th Cir.2021). The Ohio Supreme Court found that the Sixth Circuit had disregarded a critical decision in Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 1993-Ohio-115, which clearly held that a R.C. Ch. 2506 appeal cannot be combined with a complaint seeking other claims for relief. Id. at ¶ 11. To that end, the Ohio Supreme Court has determined that the decisions Moore relied on (outside of Grava) are no longer good law, and that Moore was wrongly decided. The decision draws a clear procedural boundary: Chapter 2506 provides judicial review of an administrative decision, not a forum for independent claims seeking affirmative relief. Although Grava may place claims arising from a single transaction within the potential scope of claim preclusion, those claims are not barred unless the complete claim-preclusion test is satisfied. Because Sheetz could not have pursued damages or declaratory relief in its Chapter 2506 appeal, the separate action was not precluded. The remaining question for practitioners looking to apply or defend against this exception is when does the statute of limitations begin to run on damages and declaratory relief claims related to an administrative decision on appeal? A takings action in federal court has a 2-year statute of limitations, or as a state claim, 4 years (like the other tortious claims raised therein). Correlating this case with others, an administrative appeal will not likely toll the statute of limitations on claims based on a final decision by a municipal authority. Therefore, practitioners should look for these cases to be brought simultaneously.

Thought Leadership

The Search-Incident-to-Arrest Doctrine Does Not License Strip Searches

In Beatty v. Gardner, No. 25-2860 (3d Cir. Sept. 16, 2026), Kyle Beatty sued police officers Clinton Gardner and Calvin Irvin under 42 U.S.C. § 1983 after they stopped, arrested, and searched him three times during a drug investigation in Williamsport, Pennsylvania. The officers initially smelled marijuana coming from the car in which Beatty was sitting and observed marijuana residue, giving them probable cause to arrest him. Beatty consented to the first pat-down, and the second search was conducted incident to his lawful arrest; neither search uncovered weapons or contraband. The officers then transported Beatty to the police station solely to strip-search him, but the strip search also revealed nothing. The District Court granted the officers summary judgment, concluding that the initial stop, arrest, and first two searches were reasonable and that qualified immunity protected the officers from liability for the strip search. The Third Circuit affirmed, but held that the strip search itself violated the Fourth Amendment. The court concluded that the search-incident-to-arrest doctrine does not automatically permit officers to strip-search an arrestee outside the jail or prison setting. Because strip searches are highly intrusive and the traditional justifications for searches incident to arrest (officer safety and preservation of evidence) did not justify the search of Beatty, the officers generally needed either the arrestee’s consent, exigent circumstances, or a warrant supported by probable cause to believe that a search beneath the clothing would reveal weapons, contraband, or evidence. Here, the officers had none of those justifications. Nevertheless, the court held that qualified immunity barred damages liability because, at the time of the search, the right against a warrantless strip search of an arrestee outside the institutional setting was not clearly established by Supreme Court or Third Circuit precedent. The court likewise upheld qualified immunity on Beatty’s First Amendment retaliation claim and affirmed summary judgment for the officers.

Thought Leadership

Pennsylvania Supreme Court to Review Whether Legal Malpractice Claims May Be Recast as Breach of Contract Claims

The Pennsylvania Supreme Court recently granted allowance of appeal to consider whether a plaintiff may pursue a breach of contract claim against an attorney based on allegations that the attorney failed to provide competent legal services. The issue is significant in professional liability litigation because it concerns whether a plaintiff may avoid the statute of limitations applicable to professional negligence claims by characterizing the alleged misconduct as a breach of contract. Antoine Poteat retained attorneys Gary Asteak and Nino V. Tinari to represent him in a criminal matter. After his conviction was subsequently overturned through a Post Conviction Relief Act proceeding, Poteat filed suit against his former attorneys alleging that they breached their retainer agreements by failing to provide competent legal services. The attorneys argued that the claims sounded in professional negligence, rather than breach of contract, and were therefore time-barred. The trial court dismissed Poteat’s complaint, but the Superior Court, sitting en banc, reversed. The Superior Court held that the gist-of-the-action doctrine did not bar Poteat’s breach of contract claim because the alleged failure to provide competent legal services could constitute a breach of the parties’ agreement. The Court further held that a legal-services agreement contains an implied duty requiring an attorney to provide competent legal services, even where the agreement does not contain an express provision requiring such services. The Pennsylvania Supreme Court granted review in July 2026 and will consider whether the Superior Court’s decision conflicts with Pennsylvania precedent distinguishing contract and tort claims, including Bruno v. Erie Insurance Co. The Supreme Court will also address whether a plaintiff may maintain a breach of contract claim based on an implied duty to provide competent legal services without identifying a specific contractual provision that was breached. The Supreme Court’s decision could have significant implications for professional liability litigation in Pennsylvania, particularly where plaintiffs seek to characterize claims arising from alleged professional negligence as contractual claims.