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Dante C. Rohr

Portrait of Dante C.  Rohr

Dante concentrates his practice in complex litigation, with an emphasis on the defense of professionals, including lawyers, accountants, insurance brokers, real estate professionals and directors and officers in matters pertaining to malpractice, negligence and fraud. In addition, he has extensive experience defending architects and engineers, and construction defect matters. Dante also represents private companies as well as Housing Authorities in Florida in connection with employment, ADL, FHA, reasonable accommodation and discrimination claims made to state and federal agencies and courts. Dante additionally has extensive experience with insurance coverage and bad faith litigation, commercial litigation, and intellectual property matters. A trial attorney for over 20 years, Dante has litigated hundreds of cases in the state and federal courts of Florida, New Jersey and Pennsylvania, and has tried cases to verdict in all three states. 

Dante is registered to practice before the U.S. Patent and Trademark Office, and his practice includes Federal and state litigation involving patents, copyright, trademarks and trade secrets. He has represented many clients in intellectual property actions including claims for misappropriation of trade secrets and trademark infringement and has represented clients in Federal and State Courts and before the Trademark Trial and Appeals Board.

Dante also has significant admiralty and maritime law experience. As a member of the Maritime Litigation Practice Group, he has experience defending Jones Act claims, defending port facilities with regard to personal injury and property damage claims, maritime construction claims including pier and bulkhead collapses, cargo claims, vessel damage claims and limitation of liability actions.

Dante is admitted to the Bar in Florida, New Jersey, New York and Pennsylvania, the United States District Court for the Middle District of Florida, the District of New Jersey and Eastern District of Pennsylvania, as well as in the Court of Appeals for the Third and Sixth Circuits. Dante received his Bachelor of Science degree in Electrical Engineering from Drexel University and his juris doctor from Rutgers School of Law - Camden, New Jersey. Before joining the firm, Dante worked as an electrical design and control systems engineer in the manufacturing and machine design fields.

    • Rutgers Law School (J.D., 1998)
    • Drexel University (B.S., 1992)
    • New Jersey, 1998
    • Pennsylvania, 1998
    • U.S. District Court District of New Jersey, 1998
    • U.S. District Court Eastern District of Pennsylvania, 1999
    • U.S. Patent and Trademark Office, 2002
    • U.S. Court of Appeals 6th Circuit, 2005
    • U.S. Court of Appeals 3rd Circuit, 2006
    • New York, 2021
    • Florida, 2022
    • U.S. District Court Middle District of Florida, 2022
    • The Best Lawyers in America©, Commercial Litigation (2024-2026)
    • American Intellectual Property Law Association
    • Maritime Law Association
    • "The Need for Clarity in Counseling Customers," Legal Updates for Insurance Agents & Brokers, November 2018
    • Contributing Author, IP Claims Quarterly, 2017-present
    • Defense verdict after trial on the plaintiff’s statutory claims seeking recovery on an allegedly dishonored check issued by our client.
    • Defense verdict in legal malpractice action where the plaintiff alleged dissatisfaction with the settlement of an environmental and property lawsuit.
    • Obtained an involuntary dismissal at close of plaintiff's case in a trucking case arising out of the recovery of a wreck on the Pennsylvania Turnpike.
    • Successfully represented an insurance broker in a malpractice action arising out of Superstorm Sandy.  After a week of trial and the barring of testimony be plaintiff’s damages expert, the plaintiff accepted a settlement proposal on the client’s terms.
    • Successfully represented a solar energy contractor in a breach of contract suit involving the installation of solar panels on numerous public schools in the State of Hawaii. The matter was tried for over three weeks by a three person binding arbitration panel. After the conclusion of our case in chief, the plaintiff accepted a settlement upon our client’s terms.
    • Republic Franklin Ins. Co. v. Brethren Mut. Ins. Co., 824 Fed. Appx. 132 (3d Cir. 2020). The Third Circuit affirmed summary judgment in favor of our client on the scope of additional insured coverage for liability arising out of the use of the leased premises.  Applying Pennsylvania’s “but for” causation standard, the court held that the customer would not have slipped in the parking lot but for her patronage of the gas station and store, thus finding the incident fell within the coverage provided by the additional insured endorsement.
    • Shirey v. Turner, 2017 WL 1709811 (E.D.Pa. 2017).  District Court granted our motion to dismiss for improper service and lack of personal jurisdiction.  Our client lived and worked in Las Vegas and never visited Pennsylvania.  The Court noted that even though our client admitted receiving faxes and calls from the plaintiff, those communications alone were irrelevant for purposes of establishing jurisdiction.  With no other relevant contacts to the forum, the Court found no jurisdiction to exist.
    • Mattson v. Aetna Life Ins. Co., 653 Fed. Appx. 145 (3d Cir. 2016).  Affirming dismissal of the plaintiffs’ action under the NJ Civil Rights Act alleging communications from the insurer following submission of hospital bills arising from an auto accident were improper requests for payment. The Court held that the NJ Collateral Source Statute and Automobile Insurance Cost Reduction Act were not meant to benefit insureds, and neither were actionable under the CRA which only provided a cause of action for deprivations of certain rights protected by state law.
    • Morse v. Kaplan, 468 Fed. Apx. 171 (3d Cir. 2012).  An attorney-debt collector was sued in a purported class action, Fair Debt Collection Practices Act claim arising from debt collection letters sent on behalf of her client. The District Court granted our motion for summary judgment finding no violation of the FDCPA which was affirmed by the Third Circuit Court of Appeals.  Plaintiff had contended that the debt collection letters were false and misleading in violation of the FDCPA. The Third Circuit, applying the "least sophisticated consumer" standard to the debt collection letters sent out by the attorney on behalf of her client agreed with our position that the letters at issue were neither false nor misleading because they were written in the first person "I shall" throughout, it was clear that it is the attorney-debt collector who will assume the debt is valid if there is no response to the letter within 30 days, and the letter is not required to inform the debtor that the debt collector will provide the debtor with the name of the original creditor when, as was the case here, the creditor is the original creditor.
    • Boro Construction, Inc. v. Lenape Reg. High School Dist. Bd. of Edu. v. Digeronimo/Mikula Assoc., 445 Fed. Appx. 498 (3d Cir. 2011).  General contractor on project to construct a 400-meter running track for school district filed suit against the district alleging breach of contract. The school district filed a third party complaint against our client, the track designer, alleging that track failed to meet specifications. Specifically that it was not 400 meters. On appeal after trial in the district court, the Third Circuit affirmed judgment in favor of our client. The trial court found that the school district’s expert made a surveying error from which it concluded that the track did not meet specifications. As a result, the district had the track resurfaced and relined. The trial court rejected the district’s expert and credited DiGeronimo's testimony that the track as originally laid out and lined was 400 meters and met all contract specifications.
    • West v. American Honda Motor Co., 2008 WL 4104683 (D.N.J. 2008).  The district court granted our motion to dismiss on behalf of Honda for insufficiency of services of process and because the plaintiff failed to set forth a claim under the NJ Product Liability Act.
    • Maiale v. Procaccino, 2005 WL 3675330 (Pa.Com.Pl. 2005).  Affirming the trial court’s grant of summary judgment in favor of our client after baring plaintiff from presenting testimony of any expert witnesses.

Results

Summary Judgment Obtained in Contractual Indemnity and Defense Case

We obtained summary judgment in favor of our client on the plaintiff’s general contractor’s contractual indemnity and defense claims. The general contractor claimed it was owed defense and indemnity under its subcontract with our client. In a prior proceeding, the court entered judgment in favor of the owner against the general contractor for breach of contract and breach of warranty but rejected the owner’s claims of negligence and violation of the Florida Building Code. The court agreed with our arguments that the general contractor was estopped from bringing its contractual defense and indemnity claims against the subcontractor because there was a prior judicial determination that neither the general contractor nor our client was negligent, and the general contractor’s liability was based on its breach of contract and warranties. The court further agreed that the general contractor could not show that the subcontractor was negligent, where it had taken the position that there was no negligence in the construction and it did not present any affirmative evidence to support a claim of negligence on the part of the subcontractor.   

Florida Court Affirms Arbitrator’s Decision in Construction Defect Case

We successfully upheld an arbitrator’s ruling in a $13 million construction defect case, defeating claims that our client negligently recommended windows and doors for a coastal Florida home. The owners’ direct claims against the general contractor and our client, the window and door supplier and installer, were arbitrated. The owners claimed the window company misrepresented the fitness of the windows and doors for use in Florida’s coastal environment. We argued that the windows and doors were specified by the owner and architect and that our client performed proper due diligence by visiting the manufacturing facility and consulting with the manufacturer’s engineers with regard to the application. The arbitrator found no liability as to our client because there was no evidence it was negligent in its recommendation of the product.

Thought Leadership

Legal Updates for Lawyers' Professional Liability

Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE

July 1, 2024

Florida Court of Appeal Holds that Illinois Law Firm Subject to Jurisdiction of State of Florida in Connection with Legal Malpractice Lawsuit Brought by Personal Representatives of Deceased Father’s Florida Estate Neal Gerber & Eisenberg, LLP v. Lamb-Ferrara, --- So.3d --- (Fla. 3d DCA 2024) In 2008, Matthew Lamb and his wife retained the Illinois law firm of Neal Gerber to prepare their wills and estate plans. Mr. Lamb, a prominent artist owning considerable property and assets around the world, designated Florida as his domicile in his will and estate plans. He passed away in 2012, and his widow as executor of the will, retained Neal Gerber in connection with the Estate. On Neal Gerber’s advice, she retained Florida counsel to commence probate proceedings in Florida. Mrs. Lamb resigned as executor and personal representative and was replaced by her daughter, Sheila Lamb-Gabler, pursuant to the terms of the will. Neal Gerber continued its engagement after Ms. Lamb-Gabler became the Estate’s personal representative and did not formally terminate its engagement until 2019.  The Lambs’ two other daughters, as successor personal representatives of the estate, brought a malpractice suit against Neal Gerber alleging negligence in drafting the estate documents and handling the probate action. On appeal, the court upheld jurisdiction over Neal Gerber on the basis that Florida’s Long-Arm Statute may extend to non-resident defendants that perform estate services for an estate probated in Florida even where legal services may have been performed outside of Florida. The court rejected Neal Gerber’s arguments that its work was performed in Illinois; it never filed a notice of appearance or appeared as counsel of record in Florida; and had no office or presence in Florida when it admitted that is was retained by the Estate, which was probated in Florida, and drafted, reviewed and approved filings in the Florida probate action. The court further found that constitutional due process was satisfied based on the firm’s rendering estate planning services to Mr. Lamb with full awareness that he was domiciled in Florida and his will would be probated in Florida. Neal Gerber directed local counsel’s actions and prepared and filed the majority of filings in the Probate Action.  Accordingly, the Appellate Court held that Illinois counsel should have reasonably foreseen being hauled into court in Florida for issues arising from the activities it directed into Florida.    Legal Update for Lawyers’ Professional Liability – July 2024 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 © 2024 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

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

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

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

Thought Leadership

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

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