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Marshall Dennehey Announces 2025 Shareholder Class And Special Counsel Promotions

December 13, 2024

Marshall Dennehey is pleased to announce that 10 attorneys have been elected shareholders of the firm effective Jan. 1, 2025. Additionally, two attorneys have been promoted from associate to special counsel. These new shareholders and special counsel represent the firm's four core departments – Casualty, Professional Liability, Health Care and Workers' Compensation – and come from eight of the firm's 19 offices. 

“Marshall Dennehey is proud to celebrate this accomplished group of newly elected shareholders,” said firm President & CEO, G. Mark Thompson. “Their talent, dedication, and hard work have been instrumental to the success of our clients and the firm. We are particularly proud that 40 percent of this class are either women or minority attorneys, reflecting our commitment to diversity and inclusion. We congratulate them on this milestone and eagerly anticipate their continued contributions to our growth and success.”

Promoted to Shareholder

LONG ISLAND, NEW YORK (MELVILLE)
James M. Boyce, Casualty Department (former Special Counsel)
James focuses his practice on New York construction and Labor Law matters, construction defect litigation and general liability matters. His clients include design professionals, owners, contractors and subcontractors when facing construction defect and delay claims, personal injury claims, fee disputes and New York State Labor Law matters. A member of the American Council of Engineering Companies, he is a graduate of the State University of New York at Albany and Hofstra University School of Law. James is admitted to practice in New York. 

Matthew A. Gray, Casualty Department (former Associate)
Matthew primarily defends insurance carriers in disputes involving New York Personal Injury Protection (PIP) claims. A member of the firm’s Fraud/Special Investigation Practice Group, he is experienced in defending clients against intentional/staged losses and medical provider fraud. He has extensive motion practice experience and with alongside his fellow colleagues to obtain favorable decision for each of his clients, whether through litigation or arbitration. Matthew holds a B.A. and M.A. from St. John’s University and earned his J.D. from the Touro University Jacob D. Fuchsberg Law Center. He is admitted to practice in New York.


MOUNT LAUREL, NEW JERSEY
Mari I. Gangadean, Professional Liability Department (former Special Counsel)
Mari is a member of the firm’s Employment Law Practice Group where she defends employers in employment-related claims involving allegations of discrimination based upon age, gender, race, sexual orientation and disability, as well as retaliation and "whistle blowing" in both federal and state courts. She additionally is experienced in insurance coverage and bad faith litigation as well as defending automobile negligence and uninsured/underinsured motorist claims. Mari is a graduate of Mount Holyoke College and Temple University School of Law. She is admitted to practice in New Jersey and Pennsylvania.

Kiara Hartwell, Workers’ Compensation Department (former Associate)
Kiara devotes her practice to workers' compensation litigation on behalf of employers, insurance carriers and self-insureds. She is a member of the New Jersey State Bar Association's Workers' Compensation Executive Committee, a group charged with studying and developing beneficial changes in the administration and procedures pertaining to workers' compensation. Kiara authors the New Jersey updates for Marshall Dennehey’s monthly workers’ compensation newsletter and frequently writes for external publication. Admitted to practice in New Jersey and Pennsylvania, she is a graduate of New York University and Rutgers University School of Law. 

Jonathan C. Magpantay, CPCU, Casualty Department (former Associate)
As a member of the firm’s Fraud and Special Investigation Unit (SIU) Practice Group, Jonathan focuses on large loss and medical provider fraud, including the filing of affirmative litigation recovery and RICO actions across the country. A Chartered Property and Casualty Underwriter (CPCU), he also handles insurance coverage disputes, bad faith litigation and general defense litigation. He has broad experience in New Jersey Personal Injury Protection (PIP) litigation and appears regularly before the courts and administrative bodies. Jonathan is a member of the Asian Pacific American Lawyers Association of New Jersey (APALA-NJ) and the National Filipino American Lawyers Association (NFALA). A graduate of the University of Pittsburgh and Rutgers University School of Law, he is admitted to practice in New Jersey, the District of Columbia, and Michigan. 


Michael J. Sweeney, CPCU, Casualty Department (former Associate)
As a member of the firm’s Fraud and Special Investigation Unit (SIU) Practice Group, Michael investigates and defends large loss and medical provider fraud matters. He has  litigated and filed affirmative litigation recovery and RICO actions in many states, recovering tens of millions of dollars in restitution and recovery on behalf of the insurance industry. A Chartered Property and Casualty Underwriter (CPCU), Michael has extensive experience handling insurance coverage disputes, SIU investigations, bad faith allegations, and general defense litigation. He is a graduate of the University of Delaware and Villanova University School of Law, and is admitted to practice in New Jersey. 

KING OF PRUSSIA, PENNSYLVANIA
Gabor Ovari, Health Care Department (former Associate)
Gabor focuses his practice on the defense of hospitals, health care systems and medical providers in medical malpractice and health care liability matters. He has second-chaired multiple jury trials and is experienced in all aspects of litigation. Gabor is a member of the Pennsylvania and Montgomery County Bar Associations. He is a graduate of Temple University and Widener University School of Law, and is admitted to practice in Pennsylvania and New Jersey.  

JACKSONVILLE, FLORIDA
Sean J. Reeves, Casualty Department (former Associate)
Sean litigates a wide range of general liability matters representing insureds, self-insureds, and corporations in cases involving motor vehicle negligence, catastrophic product liability matters, personal injury, premises liability, wrongful death and warranty defense. Sean also has experience representing clients in the food and beverage industry in matters involving food allergies, foreign objects, foodborne illness and contamination cases. Sean is a graduate of the University of West Florida; Saint Leo University (MBA); and the University of Florida Levin College of Law. He is admitted to practice in Florida.

PHILADELPHIA, PENNSYLVANIA
Taniesha K. Salmons, Casualty Department (former Associate)
Taniesha concentrates her practice on premises and product liability litigation. On the premises side, her clients include national and regional grocery retailers, condominium and homeowners’ associations, business owners and private property owners. On the product side, she defends manufacturers and distributors of tools, automatic doors, machinery and other heavy industrial equipment. Taniesha additionally assists in the defense of fire loss and complex product liability cases involving catastrophic losses. A certified arbitrator in Philadelphia, Taniesha is admitted to practice in Pennsylvania, New Jersey and Florida. She is a two-time graduate of the University of Miami, where she earned both her Bachelor’s and Juris Doctor degrees.


PITTSBURGH, PENNSYLVANIA
Michael D. Winsko, Casualty Department (former Associate) 
Michael defends corporations, individuals, and local governments in complex civil litigation matters. In this capacity, he has successfully handled numerous high-exposure premises liability, liquor liability, product liability, and catastrophic injury/wrongful death actions throughout the state and federal courts of Pennsylvania. Michael additionally defends clients against design and construction defect claims, trucking/automobile accidents, fall down incidents and negligent security claims. A graduate of Duquesne University and Duquesne University School of Law, he is admitted to practice in Pennsylvania. 

Associates Promoted to Special Counsel

ORLANDO, FLORIDA
Frank L. Madia, Casualty Department
Frank handles matters involving premises and retail liability, personal injury, product liability, negligent security and automobile liability. As former staff counsel with a national insurance company, he also has substantial experience in insurance coverage matters, business litigation, and real estate transactions. Frank is a 30-year veteran of the New York Air National Guard, where he served as a Staff Judge Advocate before retiring as a Lieutenant Colonel in 2017. He is a graduate of the University at Buffalo, the United States Air Force Judge Advocate Training School, and the Touro University Jacob D. Fuchsberg Law Center. Frank also served 18 years as a local municipal judge in the upstate New York township where he previously resided. He is admitted to practice in Florida and New York. 


HARRISBURG, PENNSYLVANIA
Christopher W. Woodward, Professional Liability Department
Christopher focuses his practice on insurance coverage and bad faith litigation. An experienced litigator and former claims examiner, he has a deep understanding of insurance policy and coverage issues arising from commercial, personal, and specialty property and casualty policies, professional liability policies, health/life policies and workers’ compensation policies. He is a graduate of Pennsylvania State University and Widener University School of Law. 

Firm Highlights

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.

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

The Enforceability of Online Arbitration Agreements Remains Unresolved in Pennsylvania, But the Pennsylvania Superior Court has Provided Substantive Guidance on the Issue

Key Points: The Pennsylvania Supreme Court confirms that an order compelling arbitration is not immediately appealable as collateral orders. The outcome of Chilutti II has generally left the substantive enforceability issues with browsewrap agreements unresolved in Pennsylvania. Until this issue is resolved by the Pennsylvania courts, companies operating in the Commonwealth should strive to ensure that their registration websites and/or application screens conspicuously present arbitration agreements in manners which ensure their users and consumers assent to the terms of the agreements by following the standards set forth in Chilutti I. Browsewrap agreements have been defined as agreements “‘in which a website offers terms that are disclosed only through a hyperlink and the user supposedly manifests assent to those terms simply by continuing to use the website,’ and typically do not require an electronic signature.” See, Cobb v. Tesla, Inc., 2026 WL 458470, at *1 n. 2 (Pa. Super. Feb. 18, 2026) (citation omitted). They are largely regarded as the “if you keep using this, you agree to everything buried in this link” terms embedded into almost every online agreement consumers and users sign before proceeding with purchases of goods and/or services. While consumers are generally aware of them, many almost never click on the link, nor read them in their entirety. This leaves many consumers and users ignorant of the terms and impact of such agreements. However, one’s ignorance of the otherwise neatly-tucked-away terms rarely renders them unenforceable. The issue of the enforceability of browsewrap agreements has been up for debate for some time in many jurisdictions, including Pennsylvania. Indeed, Pennsylvania had a brief grip on this issue for a period in time. Specifically, in 2023, an en banc Superior Court set forth heightened standards for companies to meet in order to secure assent and enforce browsewrap arbitration agreements. See Chilutti v. Uber Techs., Inc., 300 A.3d 430 (Pa.Super. 2023) (en banc) (“Chilutti I”) Chilutti I involved a husband and wife who sued Uber and its subsidiaries after the wife, a wheelchair bound passenger using Uber’s rideshare service, fell, struck her head, and lost consciousness due to her uber driver failing to provide a seatbelt and making an aggressive turn during the trip. The Chilutti’s filed a negligence lawsuit against Uber and its subsidiaries. In response, the defendants moved to compel arbitration, arguing that “the couple’s conduct on the company’s website and application — when they registered for the ridesharing service — signified that they agreed to be bound by the mandatory arbitration provision found in the hyperlinked terms and conditions.” The trial court granted the defendants’ petition and stayed the proceedings pending the results of arbitration, and the Chilutti’s appealed. On appeal, the Superior Court addressed two issues. First, it addressed the issue of whether it had jurisdiction to hear the appeal. A divided Superior Court determined that it did, with its basis for the holding being that the order from which the Chilutti’s appealed was a collateral order. Next, the Superior Court set out to address the merits of the Chilutti’s substantive claim. The Superior Court concluded that the parties lacked a valid agreement to arbitrate. Its rationale was that Uber’s website and application did not provide reasonably conspicuous notice of the terms to the Chiluttis. In reaching this decision, the en banc Superior Court held that browsewrap arbitration agreements are enforceable in Pennsylvania only if the registration website and application screens explicitly inform consumers that they are waiving the right to a jury trial, the registration process cannot be completed until the consumer is fully informed of this waiver, and, when the agreement is available via hyperlink, the waiver appears at the top of the first page of the terms in bold, capitalized text. Since the ruling, Pennsylvania courts have applied Chilutti I to determine if browsewrap agreements are enforceable.  For instance, the Allegheny County Court of Common Pleas invoked Chilutti I to reject an agreement that lacked an express jury-trial waiver on the assent screen.  See Miller v. Festival Fun Parks, LLC, 92 WDA 2025 (C.P. Alleg. Cnty. Mar. 24, 2025). Similarly, the Superior Court has held that notice which failed to explicitly state the consumer was waiving a jury-trial right did not “me[e]t the strict burden set forth by our en banc Court in Chilutti I.” Pierce v. FloatMe Corp., 348 A.3d 1077, 1088 (Pa. Super. 2025). While the issue of enforceability of browsewrap agreements appeared to have been resolved by Chilutti I, Pennsylvania courts’ grip on this issue has been slackened by the Pennsylvania Supreme Court’s January 21, 2026, opinion in Chilutti II. See Chilutti v. Uber Techs., Inc., 349 A.3d 826 (Pa. 2026) (“Chilutti II”). Therein, the Supreme Court did not address the merits of the Chiluttis’ substantive claim, but rather the issue of whether the Superior Court had appellate jurisdiction to immediately review the orders staying litigation pending arbitration. The Court ultimately vacated the en banc opinion on jurisdictional grounds, holding that the Superior Court did not have appellate jurisdiction because the trial court’s order from which the Chiluttis appealed did not qualify as a collateral order and, thus, the Superior Court erred in holding to the contrary and lacked jurisdiction to entertain the merits” of the Chiluttis’ substantive claim. As such, Chilutti II has rendered Chilutti I nonbinding, and the issue of enforceability of online arbitration agreements remains unresolved. However, in light of the fact the Supreme Court did not address or comment on the merits of the Chiluttis’ appeal, Chilutti I is still meaningful. Specifically, it provides guidance as to the standards a company should strive to meet to ensure they have obtained users’ assent so that they are able to enforce online arbitration agreements. Additionally, it may serve as persuasive authority in judges’ evaluations of petitions and/or motions to compel browsewrap arbitration agreements until this particular issue is properly put before our appellate courts. Keanna works in our Pittsburgh, PA office. She can be reached at (412) 803-1174 or KASeabrooks@MDWCG.com.