.

Evan is an associate in the Casualty Department, where he focuses in the areas of premises liability, construction injury, product liability, transportation, and general liability.

Evan gained invaluable legal experience through his 2018-2021 internship with the Honorable Richard A. Lloret of the Eastern District of Pennsylvania. After serving as legal intern during his 1L summer, Evan was invited to remain in chambers with Judge Lloret throughout the remainder of his law school tenure. There, Evan drafted several habeas corpus and helped facilitate settlement conferences and arbitrations.   

Before attending law school, Evan worked as a private intelligence analyst for a security consulting firm, serving as head analyst for several Fortune 500 companies. 

As an undergraduate at the University of Pennsylvania, Evan had the invaluable experience of interning at the Israeli Embassy in Washington D.C., where he conducted research pertaining to the World Bank, national aid agencies, and international private sector projects concerning water and agriculture. 

Evan is an editorial contributor to the Times of Israel, writing columns pertaining to geopolitics and international relations, including an article selected as a top-featured editorial.  

Prior to attending university, Evan served as a sergeant in the Paratrooper Brigade of the Israeli Defense Forces.

    • Rutgers Law School (J.D., 2021)
    • University of Pennsylvania (B.A., cum laude, 2016)
    • Pennsylvania, 2021
    • Successfully concluded a three-day trial in a premises liability matter in Philadelphia County. The matter focused on slip-and-fall allegations in the lobby of the claimant’s former residence. The claimant specifically alleged an accumulation of water in the lobby before the time of the fall and thereafter underwent surgery (surgical arthroscopy of the left ankle with extensive debridement). Allegations of negligence against our client consisted of failure to maintain the lobby in a safe and reasonable manner. The last demand before trial was $240,000.00, while the last offer was $15,000.00. After three (3) days, the jury awarded Plaintiff a mere $45,000.00, almost all of which was to be paid toward expert retention and Plaintiff’s medical lien (over $26,000.00). 
    • Secured a unanimous defense verdict in a Philadelphia County premises liability jury trial involving allegations of a defective sidewalk condition and a demand of $875,000. Following a three-day trial, the jury found in favor of the defense, determining that the client was not liable for the plaintiff's alleged injuries.
    • Our motion for summary judgment was granted, in part, in a Philadelphia jury case where our client was driving his company’s car. ​Evan argued on behalf of the corporate entity that, despite the fact that our client was driving a company car and his job consisted of travel, he was not in the course and scope of his employment at the time of the accident. For the loss of consortium claim, Evan argued the plaintiff had not provided evidence of record to support this claim. Therefore, the loss of consortium claims were also dismissed.
    • Successfully obtained dismissal of their client in a death-from-food-poisoning and hepatitis A case. The plaintiff, the executrix of the Estate of Alfred Neeld, alleged that Mr. Neeld passed away due to an outbreak of hepatitis A in southeast Pennsylvania, which was widely covered by the news at the time. The plaintiff, who claimed that Mr. Neeld passed away after eating at Gino's Pizzeria and Ristorante, was seeking several million dollars from every food provider that served the restaurant, including our client. Fortunately, the plaintiff stipulated to our dismissal.
    • Secured a defense verdict in a hotly contested slip and fall case with Simon and Simon where the plaintiff admitted on cross to lying under oath. The plaintiff’s demand was $800,000 before being remanded to arbitration.
    • Successfully argued a motion for summary judgment on a major jury case where we represented a tenant shop owner. The plaintiff opposed our motion, alleging, inter alia, serious injuries to a shoulder and surgery. There were many moving pieces in this case, including indemnity issues, an alleged triple net lease and joinder after the statute of limitations. The plaintiff tripped and fell on a sidewalk that was under repair outside our client's store. We were joined by the original defendant, the landlord. We argued the plaintiff had no direct cause of action against us as we were joined after the statute of limitations; there was no evidence of record of our involvement as plaintiff did not visit our store; we were not responsible for the sidewalk repair; and the original defendant landlord was responsible for the sidewalk in question as the lease was ambiguous as to who was responsible for external repairs.
    • Won an arbitration in a motor vehicle accident case. The accident between our client and the co-defendant occurred at an intersection in University City, Philadelphia in October 2019. As the plaintiff was a passenger in our client's car, there was no liability argument pertaining to the plaintiff. Both our client and the co-defendant claimed they had a green light and that the other party had a red light when they entered the intersection. The plaintiff claimed to have suffered injuries to her right knee and lower back. Evan was able to convince the arbitration panel that the plaintiff had no claim against our client and that the co-defendant was fully and solely liable for the accident. The co-defendant was found 100% liable for the accident, and the plaintiff was rewarded $35,286.62.
    • Successful in having preliminary objections, in the nature of a demurrer, dismissed in the case representing a major print media organization. The plaintiff initiated this action for damages allegedly arising from a slip and fall that occurred on May 13, 2021. The slip and fall is believed to have taken place at department store. Our clients did not own or possess the property in question and had nothing to do with creating the alleged dangerous condition. In his preliminary objections, Evan argued the plaintiff's complaint did not actually state specifically the location where she fell. Evan also argued that our client did not own or possess the property in question, nor did it create the alleged offending condition. The plaintiff amended her complaint without our client.
    • Successfully argued a petition to strike default judgment in front of the Philadelphia Court of Common Pleas. Evan's oral argument was successful and the default judgment was stricken. Evan argued that the plaintiff's notice to take the default judgment was deficient on its face.

Results

View all

Dismissal Secured in Food Poisoning and Hepatitis A Case

We successfully obtained dismissal of their client in a death-from-food-poisoning and hepatitis A case. The plaintiff, Joyce Neeld, executrix of the Estate of Alfred Neeld, alleged that Mr. Neeld passed away due to an outbreak of hepatitis A in southeast Pennsylvania, which was widely covered by the news at the time. The plaintiff, who claimed that Mr. Neeld passed away after eating at Gino’s Pizzeria and Ristorante, was seeking several million dollars from every food provider that served the restaurant, including our client. Fortunately, the plaintiff stipulated to our dismissal.

Summary Judgment Granted in Major Jury Case Involving Serious Injuries

We successfully argued a motion for summary judgment on a major jury case where we represented a tenant shop owner. The plaintiff opposed our motion, alleging, inter alia, serious injuries to a shoulder and surgery. There were many moving pieces in this case, including indemnity issues, an alleged triple net lease and joinder after the statute of limitations. The plaintiff tripped and fell on a sidewalk that was under repair outside of our client’s store. We were joined by the original defendant, the landlord. We argued the plaintiff had no direct cause of action against us as we were joined after the statute of limitations; there was no evidence of record of our involvement as plaintiff did not visit our store; we were not responsible for the sidewalk repair; and the original defendant landlord was responsible for the sidewalk in question as the lease was ambiguous as to who was responsible for external repairs.   

Thought Leadership

View all

Case Law Alerts

Philadelphia Jury Issued $5,071,974 Award to Plaintiff for Economic Damages and $1 Million for Noneconomic Damages.

October 1, 2024

The plaintiff claimed he was helping to unload a box truck at the facility where he worked when one of the pallets fell on him, crushing his lower body. The cargo weighed approximately 1,500 pounds and had been loaded by the manufacturer/consignor, defendant Ingram Micro. The shipper and owner of the box truck, F&E Transport, was also named as a defendant. The plaintiff reportedly sustained C7 and T3-T5 vertebrae fractures, a left femur fracture, bilateral pelvic fractures and crush injuries. The plaintiff underwent fixation surgeries to his femur, hip, and pelvis and required opiate and non-opiate pain medication. The plaintiff was diagnosed with PTSD and experienced urinary incontinence, erectile dysfunction and memory issues. He was unable to return to his former occupation. According to the plaintiff, the heavy pallets were dangerously double stacked and had shifted during shipping. The plaintiff contended that Ingram Micro had been warned by his employer that double stacking was dangerous and a hazard to its employees. However, the load was double stacked regardless. The plaintiff claimed Ingram Micro acted in a malicious, wanton, willful and oppressive manner, and/or showed reckless indifference to the interest of others, warranting punitive damages. Regarding F&E Transport, the plaintiff claimed it failed to ensure that the interior frame of its truck and the load bars were in a proper and safe condition. A jury assigned liability at 80% to Ingram Micro and 20% to the plaintiff. The jury found in favor of F&E Transport and declined to award punitive damages.    Case Law Alerts, 4th Quarter, October 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

As an Incident Occurred While Transporting a Passenger in New Jersey, Insurance Company’s Endorsement 7212 Acted to Increase Its Underinsured Motorist’s Coverage Limits to Meet New Jersey’s Limits of $1.5 Million as Specified by New Jersey Law.

January 1, 2024

The plaintiff, who was driving for Uber at the time of the accident, alleged that the defendant’s insured, Claudio Palacios-Serrano, negligently operated his motor vehicle by failing to stop and/or yield to the plaintiff’s vehicle, who had the right-of-way before making a left turn. The plaintiff claimed injuries to the head, cervical, thoracic and lumbar spine, as well as a traumatic brain injury, concussion post-concussion syndrome, post-traumatic headaches, loss of balance, aggravation of cervical disc herniations and cervical radiculopathy.  The defendant’s insured pled guilty to careless driving in municipal court. Prior to the accident, the defendant, Farmers Insurance, issued a policy of automobile insurance to Rasier LLC, Rasier-CA LLC, Rasier-DC LLC, and Rasier-PA LLC (wholly owned subsidiaries of Uber). Accordingly, the plaintiff was insured under the Farmers Insurance policy as a Transportation Network Company Driver who was providing a prearranged ride to a passenger that originated in the state of Pennsylvania.  Because the crash occurred while transporting a passenger in the state of New Jersey, Farmers Insurance endorsement 7212 acted to increase its Underinsured Motorist’s Coverage limits to meet the limits of $1.5 million as specified by New Jersey law. The jury awarded the plaintiff $125,000 in non-economic damages and $600,000 in economic damages, for a total of $725,000.    Case Law Alerts, 1st Quarter, January 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.

Firm Highlights

Thought Leadership

On the Pulse… Profile of the Intellectual Property, Technology & Media Litigation Practice Group

The Intellectual Property, Technology & Media Practice provides comprehensive, end-to-end litigation and counseling services to national and global insurance carriers. We are committed to delivering a disciplined, cost-effective, and creative defense tailored to each client's needs. Our attorneys combine deep litigation experience with technical and scientific backgrounds, enabling us to understand our clients' technologies and effectively communicate complex concepts to adversaries, judges, and juries. We also assist clients with risk management, pre-suit dispute resolution strategies, and, when necessary, the litigation of claims and complaints in courts across all 50 states through trial. In addition, we work closely with our eDiscovery team to address complex issues involving electronically stored information, including data preservation, electronic discovery, computer imaging, and allegations of spoliation. These issues are often critical to the intellectual property and technology matters we handle every day, and our integrated approach helps clients navigate them efficiently and effectively. Our attorneys represent clients in patent infringement, copyright, trademark, and trade secret disputes in the state and federal courts in jurisdictions throughout the United States. Many of our clients also face highly technical professional liability claims involving computer systems, software, cybersecurity, data management, and other technology-related services. We take a proactive approach to managing risk and controlling exposure, working with clients and their insurers to develop effective pre-suit strategies and avoid litigation whenever possible through mediation, settlement conferences, and other alternative dispute resolution methods. When litigation cannot be avoided, we remain steadfast in serving our clients' legal and business objectives, recognizing the significant costs and operational burdens that complex litigation can impose. We work closely with insurance carriers to help protect our clients' brands, intellectual property, and business interests while delivering a thorough and cost-effective defense. We additionally maintain a strong Media Practice. Our attorneys have extensive experience handling First Amendment and media-related disputes, including claims involving defamation, libel, privacy rights, injunctions, gag orders, and prior restraints on speech. Clients benefit from our practical litigation strategies and thoughtful approach to managing matters that often attract significant public attention and scrutiny. With 19 offices throughout Pennsylvania, New Jersey, New York, Delaware, Florida, Ohio, and Connecticut, we maintain a strong presence across the East Coast. We serve as national counsel for insurance carriers and have handled matters throughout the United States, from Hawaii to Washington, and virtually every jurisdiction in between. Our national reputation ensures that our clients receive not just the best skilled legal representation but also practical business-minded guidance in determining the proper legal response to all claims and lawsuits. David chairs both the Privacy and Data Security Practice and the Intellectual Property, Technology and Media Litigation Practice. He may be reached at djshannon@mdwcg.com.

Result

Statutory Employer Immunity Upheld

In this construction accident case that resulted in a $5 million verdict, the Supreme Court of Pennsylvania upheld the Statutory Employer Doctrine, which immunizes general contractors and other contractors on construction sites when certain elements are satisfied.

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. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants

Ellen C. Bodenmiller Joins Marshall Dennehey’s Tampa Office as Special Counsel in the Casualty Department

News

Ellen C. Bodenmiller Joins Marshall Dennehey’s Tampa Office as Special Counsel in the Casualty Department

graphic announcing our 6 2027 Super Lawyers & Rising Stars

News

Marshall Dennehey Announces 2027 New Jersey Super Lawyers And Rising Stars

Result

$19 Million Medical Malpractice Verdict Overturned

In this medical malpractice case, the trial court vacated $10 million of a $19 million verdict in post-trial motions and the Superior Court of Pennsylvania vacated the remaining $9 million on appeal.

Thought Leadership

On the Pulse…Other Notable Achievements

THOUGHT LEADERSHIP Dana Gittleman (Philadelphia) authored the article, “The Importance of Memorializing Settlement Terms," appearing in the PLUS Blog on April 27, 2026. In the article, Dana discusses a new Pennsylvania Superior Court decision that shows how overlooked or undocumented terms can unravel even routine negotiations, especially when parties have differing expectations or one side is unrepresented. Jordan Mazzoni (Scranton) authored the article, “The Best Defense is Already in the File Documentation in Civil Rights Litigation," published on PLUS Blog on July 27. The article discusses how documentation is an essential defense to public entity & civil rights litigation. SPEAKING ENGAGEMENTS ​John L. Slimm (Mount Laurel) moderated and presented on claims and defenses involving lawsuits against the plaintiffs' bar at the 2026 Legal Malpractice Update for the New Jersey Institute for Continuing Legal Education. The seminar offered practical strategies to prevent ethical grievances and legal malpractice, along with sharing expert insights on issues from electronic payments and fee splitting to the impact of AI. ​Heather Carbone (Jacksonville) was a panelist for a webinar hosted by The Workers’ Compensation Claims Professionals (WCCP) Association. As part of the “Meet the Experts” Series, the speakers addressed “Afterthoughts that Undermine a Successful Mediation,” highlighting the pitfalls and challenges of underprepared or unprepared mediation participants. A. Judd Woytek (King of Prussia) joined a panel at the CLM Alliance (Claims and Litigation Management Alliance) Work Comp Conference in Nashville to present "We See You How Employee Engagement Enhances Work Comp Outcomes." Judd and his fellow panelists discussed the positive impact of employee engagement on claim outcomes, return-to-work timelines, and overall claim costs. ​Joe Lesinski (Pittsburgh), Jim Cole (Philadelphia), Matt Flanagan (New York), and Adam Fogarty (Mt. Laurel) presented several continuing education (CE) programs to claims professionals for our client. The team hosted two one-hour panel discussions on “The Art of Mediation", attended by more than 80 claims professionals. In the afternoon Adam Fogarty and Joe Lesinski presented a CE program on “The Fundamentals of Premises Liability in New Jersey and Pennsylvania" while Matt Flanagan and Jim Cole led a presentation on “Trends in Claims" against attorneys and the evolving issues impacting the legal profession. ​Julia Klubenspies (Roseland) was invited to speak to the 2026 class of incoming resident physicians at The Valley Hospital on ways to reduce the risk of being named in litigation. ​Jon Cross (Philadelphia) and Sara Mazzolla (Roseland) spoke at the 5th Annual ideal3 Summit in Minneapolis on “Information Gathering for New Claims and Prevention of Spoliation." The program explored the ethical and legal obligations surrounding the collection and preservation of evidence once a claim is anticipated. Sara Mazzolla (Roseland) presented at the annual Roller Skating Association Conference on "The Pros and Cons of Waivers in Your Rink," sharing insights on the use of liability waivers as a risk management tool for skating rink operators and discussing considerations that may impact their effectiveness. James Hanratty and Erica Cagan (both of Jacksonville) presented at the Florida Defense Lawyers Association's Florida Liability Claims Conference. Their session, "Supporting the Next Generation: Connecting with Associates," explored communication best practices from the perspectives of both a senior shareholder and a newer associate. Lindsay McCormick (Tampa) was a panelist at the West Coast Casualty Construction Defect Seminar in Anaheim. Lindsay's session, "It May Not Be All Wrapped Up with Your OCIP/CCIP," examined key considerations surrounding Owner-Controlled and Contractor-Controlled Insurance Programs. Attendees gained insight into risk management strategies and coverage issues impacting construction defect litigation and related claims. Gary M. Samms (King of Prussia and Philadelphia) was a featured speaker at the American Legal Connections (ALC) 2026 Seventh Annual Healthcare Symposium in Atlanta, Georgia. Gary joined a panel discussion titled “The Modern Plaintiff Machine.” Designed for medical professional liability defense attorneys, claims professionals, underwriters, carriers, and health system risk executives, the symposium addressed some of the most pressing challenges in today’s healthcare litigation landscape. Josh Byrne (Philadelphia) was a featured panelist at the Philadelphia Bar Association CLE program, "Ethics & Legal Malpractice Avoidance." The program provided a comprehensive overview of strategies for avoiding legal malpractice, including ethical considerations, client communication best practices, and common pitfalls that can lead to malpractice claims. Casey Coyle (Harrisburg and Philadelphia) presented "Recent Civil Law Decisions and Civil Rule Updates" at the Pennsylvania Conference of State Trial Judges in Hershey. The session provided attendees with insights into recent developments in Pennsylvania civil law and examined updates to the rules governing civil practice, helping practitioners stay informed on significant changes affecting litigation and courtroom procedure. PUBLISHED WORKS Josh J.T. Byrne (Philadelphia) and Alesia S. Sulock (Philadelphia) authored the article, “Whither the Private Reprimand," published in The Legal Intelligencer on July 22, 2026. In the article, Josh and Alesia examine the notable absence of private reprimands issued by the Pennsylvania disciplinary authorities in 2025, discussing the important role that informal admonitions and private reprimands have historically played in addressing attorney misconduct and considering what this trend may signal for the future of attorney discipline in Pennsylvania. ​Blake Hood (Jacksonville) authored the article, “Fla. Workers' Comp Physician Dispensing Ruling Could Produce New Legislative Fight," published on August 5 in Insurance Journal . The article discusses Florida's First District Court of Appeal's decision in Publix Super Markets, Inc., et al. v. Department of Financial Services, et al., holding that while injured workers have an absolute right to choose their own pharmacy or pharmacist, that right does not extend to physicians who dispense medications directly to their patients. Kimberly Kanoff Berman and Seth Altman (Fort Lauderdale) authored the article, “A Unified, Single Claim for Damages Requires Apportionment in a Joint Proposal: What the Decision in 'Trace Elements' Means for Property Insurance Claims,” published on August 6 in the Daily Business Review. The article analyzes the Florida Supreme Court's decision in Trace Elements v. MacKensen and examines its implications for property insurance claims in Florida, particularly regarding the apportionment of damages in joint settlement proposals. RECOGNITION Tiere Phillips (Pittsburgh) was elected to the Allegheny County Bar Association’s Judicial Committee for a Diverse Seat. As one of only three attorneys elected to this role, Tiere will help ensure fairness and equality in representation during judicial evaluations and recommendations for election and reelection in Allegheny County. Steven A. Johnston (Roseland) received the “Pride of Essex County Award” at the 2026 Essex County LGBTQ+ Pride Celebration on June 17 at the Essex County Martin Luther King, Jr. Justice Building in Newark. Hosted in conjunction with the Essex County Office of LGBTQ+ Affairs and the Essex County Lesbian, Gay, Bisexual, Transgender and Questioning Advisory Board, Steven was recognized for his service to the community and his support of equality for members of the LGBTQ+ community. Jason Banonis (King of Prussia) was honored with the Pennsylvania Defense Institute’s 2026 Attorney of the Year Award at the organization’s annual conference.  A longtime leader and contributor to the organization, Jason was recognized for his dedication and service.

Result

$1.09 Billion Products Liability Verdict Overturned

In this products liability crashworthiness case, the Superior Court of Pennsylvania reversed a Philadelphia jury verdict of $1.09 billion, the largest verdict ever overturned by a PA appellate court.  The court ordered a new trial based on deficient jury instructions, clarified important aspects of crashworthiness law, and confirmed that so-called standard jury instructions may be incompatible with Pennsylvania law. 

Result

Federal Statute Declared Constitutional

In this products liability case, the Supreme Court of Pennsylvania reversed the Superior Court and upheld the constitutionality of the Protection of Lawful Commerce in Arms Act (PLCAA), which resulted in judgment as a matter of law for the defendant manufacturer.

Thought Leadership

On the Pulse…Recent Appellate Victories

Kimberly Berman (Fort Lauderdale) and Sontho SaintGermain (Orlando) succeeded in obtaining an affirmance by the Second District Court of Appeal of a final judgment in a slip-and-fall premises liability matter on behalf of a business establishment and property owner. The plaintiff was a business invitee who sued the property owner for negligence after she fell while riding her electric bicycle through its landscaped parking lot. During discovery, the plaintiff claimed the fall occurred while she was traversing through a section “covered heavily in leaves” though she could not identify how she fell nor whether there were any objects or foreign substances causing her fall. The property owner moved for summary judgment, asserting the accumulation of leaves on the parking lot was an open and obvious, naturally occurring condition that could not constitute a dangerous condition to impose liability on a property owner. The court granted summary judgment in the property owner’s favor. After oral argument, the Second District Court affirmed per curiam the final judgment in the property owner’s favor. Carrie Collier v. Cars MTI-4 L.P. d/b/a Lazydays RV Resort, No. 2D2025-1980 (Fla. 2d DCA May 13, 2026). Kimberly House (Philadelphia) succeeded in obtaining a victory in the Superior Court of Pennsylvania that reversed the trial court’s decision and remanded the case for reinstatement of the jury verdict which was originally won by Gary Samms (King of Prussia/Philadelphia). (The underlying medical malpractice case involved claims seeking more than $5 million in damages for serious eye injuries including a detached retina and macular hole.) At trial, the jury returned a defense verdict finding that the defendant’s negligence was not a cause of the plaintiff’s injuries. The trial judge granted the plaintiff’s post-trial motions and ordered a new trial solely on the issue of damages. The Superior Court found that the trial court abused its discretion in finding that causation was not disputed and that the jury’s finding of no causation was against the weight of the evidence. Busanic v. Premier Orthopaedic & Sports Medicine Physical Therapy, 2026 Pa. Super. Unpub. LEXIS 1140 (Pa. Super. Apr. 28, 2026). Suzanne Tighe (Scranton/Philadelphia), Allison Krupp (Harrisburg)  and Christopher Woodward (Harrisburg) succeeded in obtaining an affirmance by the Superior Court of Pennsylvania of a non-jury trial decision in favor of an insurance company. Plaintiffs asserted claims under the Pennsylvania Bad Faith Statute, 42 Pa.C.S. § 8371, following a statutory arbitration award in excess of the available underinsured motorist (UIM) coverage. The trial court held the plaintiffs failed to prove bad faith in the handling of the UIM claim and entered judgment in favor of the insurer. The Superior Court rejected the plaintiffs’ contentions that the trial court misapplied the applicable bad faith law, set forth in Rancosky v. Washington Nat’l Ins. Co. 170 A.3d 364 (Pa. 2017), and affirmed the trial court. The Superior Court further held that plaintiffs’ waived their requests for judgment notwithstanding verdict (JNOV) and new trial by failing to properly preserve these issues at trial and in post-trial motions. Brown v. U.S. Auto. Ass’n, 2026 Pa. Super. Unpub. LEXIS 1393 (May 27, 2026). *Results do not guarantee a similar result.