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Holli K. Archer

Portrait of Holli K. Archer

Holli is a member of the Health Care Department, concentrating her practice on the defense of health care practitioners and medical providers against all manner of medical malpractice suits. Her clients include physicians, dentists, oral surgeons, podiatrists, chiropractors, cardiologists, and their practice groups. Her experience also includes representing hospitals in cases involving complex issues of medical malpractice, in addition to slip and fall suits.

Holli handles licensure matters before State Boards of Medicine, Dentistry, and Nursing. In addition, she has argued numerous pleadings and motions on behalf of her clients.

While attending law school at Loyola University New Orleans School of Law, Holli held various leadership positions for the Association of Women Law Students, including social chair and vice president. Prior to joining Marshall Dennehey, Holli worked for a regional defense litigation law firm where she was selected to serve as a member of the Committee for Diversity and Inclusion. 

    • Loyola University New Orleans School of Law (J.D., 2016)
    • University of Scranton (B.A., cum laude, 2013)
    • Pennsylvania, 2016
    • U.S. District Court Eastern District of Pennsylvania, 2021
    • U.S. District Court Middle District of Pennsylvania, 2021
    • The Best Lawyers: Ones to Watch©, Medical Malpractice Law - Defendants; Professional Malpractice Law (2026)
    • The Best Lawyers: Ones to Watch©, Health Care Law (2024-2026)
    • Pennsylvania Super Lawyers Rising Star (2024-2026)
    • Luzerne County Bar Association
    • Pennsylvania Bar Association
    • Philadelphia Bar Association
    • Successfully obtained a unanimous defense verdict in a medical malpractice wrongful death case involving a cardiac ablation procedure. After a four-day trial in Montgomery County, the jury returned a defense verdict in just 20 minutes, accepting the defense position that the patient's fatal coronary artery dissection was a known risk of the procedure and not the result of negligence.
    • Second chaired a trial where a defense verdict was obtained in the Eastern District of Pennsylvania on behalf of a podiatrist. The plaintiff filed a medical malpractice action claiming that the podiatrist removed too much bone from the plaintiff’s right fifth toe during an arthroplasty procedure. The jury trial lasted three days and the jury returned a verdict in approximately two hours.
    • Secured dismissals for multiple dentists and their practice groups in malpractice cases brought by plaintiffs in Magisterial Court.
    • Successfully defended doctors, dentists, and nurses in Board licensure matters, where State Boards have found there was no cause to proceed with formal actions against her clients.
    • Highlights in Pennsylvania Medical Malpractice Law 2024-2026, Marshall Dennehey Seminar, May 14, 2026
    • Cross Examination and Settlement Tactics, Marshall Dennehey CLE Program, February 5, 2024
    • “General Admissibility of Relevant Evidence,” “Character Evidence; Other Crimes, Wrongs, or Acts,” and “Methods of Proving Character,” Ohlbaum on the Pennsylvania Rules of Evidence, 2024, Contributing Author
    • “Federal Court Cautions Lawyers on Pleading Affirmative Defenses,” Defense Digest, Vol. 27, No. 4, September 2021
    • “Advanced Directives and Incapacity: When Should a Person's Wishes Be Overridden?,” Burns White Insights, October 2019

Thought Leadership

Legal Updates for Health Care Liability

Precedential Opinion: Superior Court of Pennsylvania Upholds the Enforceability of a Venue-Selection Clause in the Context of a Medical Malpractice Case

August 5, 2025

Hospitals may once again be able to control where a patient brings a medical malpractice claim through a venue-selection agreement entered into with their patients.   Background The plaintiffs, Saramari Somerlot and Ryan Dufresne, brought this medical malpractice lawsuit (Somerlot v. Jung, M.D., J-A16016-25, PA Super 166 (Kunselman, J.)) against multiple medical providers in Philadelphia County, arising from alleged injuries sustained by Ms. Somerlot as a result of an unsuccessful surgical procedure. The plaintiff Somerlot signed a pre-surgery consent contract, which contained a venue-selection clause, stating that any legal claims, including a claim for medical malpractice, could be brought only in the Bucks County, where Ms. Somerlot underwent the surgery.  The defendants, Soon Jung, M.D. and S.E. PA Pain Management and Pain Management Centers of America, LLC, preliminarily objected to venue in Philadelphia County pursuant to the venue-selection agreement. The trial court sustained the defendants’ preliminary objections. The plaintiffs appealed the trial court’s order sustaining the defendants’ preliminary objections and transferring the case to Bucks County from Philadelphia County. The Superior Court held that the pre-surgery contract, containing the venue-selection clause, was valid and enforceable. Specifically, the venue-selection clause stated: NOTICE: Any legal claims or civil actions, including, but not limited to, a claim for medical malpractice in any way related to this admission/procedure, and medical services provided by [Pain Management] or its employees, shall be brought solely in the Courts of Bucks County, in the Commonwealth of Pennsylvania. The plaintiffs argued that one of the defendants, Boston Scientific Corporation, had previously stipulated with the plaintiffs that venue was proper in Philadelphia because it regularly conducted business there. Therefore, the plaintiffs asserted that pursuant to Pa. R.Civ.P. 1006(c)1, venue was proper as to all defendants and the plaintiffs were, therefore, excused from their contractual obligations because of the procedural rules of venue. The Superior Court ruled that the venue-selection clause supersedes Rule 1006(c). While the Superior Court agreed that Philadelphia County is, in fact, a proper venue for the case to be litigated, it noted that the Rule does not require that the case be litigated there, especially when a plaintiff has contracted to litigate in a different, but also proper, venue. The Superior Court found that Bucks County was also a proper venue in which to litigate against all defendants because that is where the surgery in question was performed and where the cause of action purportedly arose. As such, the Superior Court rejected the plaintiffs’ argument that the plaintiffs may breach their contract containing the venue-selection agreement because of Rule 1006(c).  The Superior Court also rejected the plaintiffs’ argument that the pre-surgery contract was unconscionable. The court found that the language contained in the venue selection-clause was clear and unambiguous.  Key Takeaways This is an important decision for individual health care providers, practice groups and hospitals, especially in the wake of the elimination of the medical malpractice venue-carve out rule, which had provided that “a medical professional liability action may be brought against a health care provider for a medical professional liability claim only in a county in which the cause of action arose.” Pa. R.Civ.P. 1006(a.1) (emphasis added). Now, a medical malpractice suit may be filed in any county where a defendant could be served, where the cause of action arose or where the corporate defendant regularly conducts business. See Pa. R.C.P. 1006(a).  Therefore, the takeaway from this seminal opinion is that health care professionals, practice groups and hospitals may once again be able to control where a patient brings a medical malpractice claim through a venue-selection agreement entered into with their patients. That means the providers may be able to avoid venues that are perceived to be “plaintiff-friendly” and curtail forum shopping on behalf of plaintiffs. The ultimate takeaway: have a clear, unambiguous venue agreement signed by your patients mirroring the language used by Dr. Jung and Pain Management in their pre-surgery contract.  _______________________ 1 Pa. R.C.P. 1006(c) states that an action to enforce a joint or joint and several liability against two or more defendants, may be brought against all defendants in any county in which the venue may be laid against any one of the defendants.    Legal Updates for Health Care Liability - August 5, 2025, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved.

Case Law Alerts

PA Superior Court holds that expert testimony is needed to prosecute claim of medical negligence.

January 3, 2022

The plaintiff brought claim for medical malpractice, among several other claims, against Dr. Schmalenberger and West Shore Anesthesia Associates. After the plaintiff underwent hip replacement surgery and when she awoke from the surgery, she had looked at her phone to find that someone had sent her a photo of herself, taken before her surgery, of her in her hospital bed. She later found out this photo was sent by Dr. Schmalenberger, who was assisting with her surgery. The plaintiff claims that Dr. Schmalenberger breached the standard of care owed to her. She did not file a certificate of merit, but rather a certificate stating that expert testimony of a licensed professional is not needed to prosecute her claim. She claimed injuries as a result of receiving the photo and had an extensive medical history for which she was previously treated for depression. The defendants filed a motion for summary judgment as to plaintiff’s medical negligence claim and all other claims, arguing that multiple federal courts have held that HIPAA does not create a private cause of action, which was granted by the trial court. On appeal, the plaintiff argued that Dr. Schmalenberger’s conduct “‘was so far outside the standard of care that her testimony would be sufficient to establish each and every element of negligence,’” and that her own testimony could establish a causal link between the picture sent to her and the emotional injuries she suffered, and continues to suffer, as a result of the doctor’s action or inaction. The court stated that “in all but the most self-evident medical malpractice actions, the plaintiff must provide a medical expert who will testify as to elements of duty, breach and causation,” except for in circumstances when the negligence is so obvious that a lay person could recognize negligence just as well as an expert. In these circumstances, the doctrine of res ipsa loquitur “allows a fact-finder to infer from the circumstances surrounding the injury that the harm suffered was caused by the negligence of the defendant.” The plaintiff argued that res ipsa loquitur precluded the need for expert testimony. The Superior Court disagreed, stating that a lay juror would not be able to determine that Dr. Schmalenberger’s conduct established negligence without expert opinion. Further, the court stated that the plaintiff’s damages, including physical pain, distress and emotional damages, accompanying an extensive medical history, required that an expert testify to the cause of each of her diagnoses.  While a non-precedential decision, this case highlights the continuing need for a plaintiff to bring forth expert testimony in pursuing a medical malpractice claim, even in unconventional scenarios such as in Schweigart. Thus, defense attorneys can prevail in having claims dismissed against their clients for a plaintiff’s failure to supply expert testimony when bringing a claim for medical negligence.      Case Law Alerts, 1st Quarter, January 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin 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 © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Firm Highlights

Thought Leadership

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

In Martin v. Loury, 2026 N.J. Super. Unpub. LEXIS 1617 (App. Div. July 15, 2026), Martin Law Firm represented Kirk Loury in an employment matter Mr. Loury filed against his former employer, Concord Equity Group Advisors LLC (“Concord”). The allegations included, among other things, that Loury was not fairly compensated for his employment with Concord. After a bench trial finding in Loury’s favor, the Appellate Division remanded this matter in February 2016 for a second trial. During the second trial, Concord CEO, Lee Argush, testified to lower compensation estimate than first trial. On remand, the second trial judge awarded Mr. Loury the same damages as the first judge, finding Mr. Argush not credible. After the findings during the second trial, Martin Law Firm filed an action against Mr. Loury to recover legal fees and costs of representing Mr. Loury in a second bench trial and Mr. Loury filed a counterclaim against Martin Law Firm for legal malpractice, alleging he should have received an even higher award in the second bench trial. In this allegation, Mr. Loury, through his expert, claimed that Martin Law Firm should have recalled Mr. Loury to the stand to rebut Mr. Argush’s testimony to allege an alternative theory of damages. Mr. Loury’s expert admitted that the second judge already rejected Mr. Argush's theory and accepted Loury's damages theory. The trial court barred Mr. Loury’s expert and dismissed Loury's counterclaim with prejudice before convening the collection trial, and the jury ruled in Martin Law Firm’s favor. Mr. Loury appealed the trial court's pretrial rulings barring his liability expert from testifying in support of his legal malpractice counterclaim, denying his motion for summary judgment on that counterclaim, and denying his motion to amend his counterclaim by adding attorney Joseph A. Martin as a codefendant. In affirming the trial court’s decision, the Appellate Division held that the trial court properly excluded Loury’s expert testimony in the counterclaim against Martin Law Firm because the expert could not explain how calling Loury as a rebuttal witness would have increased damages when the second judge already rejected Mr. Argush's testimony and accepted Loury's damages theory, making the expert’s causation opinion speculative. The Appellate Division also held that the trial court properly denied Mr. Loury's summary judgment motion on his malpractice counterclaim because reasonable minds could differ on whether Mr. Martin's alleged failures would have changed the second judge's damages award, given the judge already found Mr. Argush not credible, creating genuine factual disputes precluding summary judgment. Also, the Appellate Division held that the trial court properly denied Loury's May 2023 motion to add Joseph Martin individually because the statute of limitations expired in February 2022, six years after the 2016 appellate remand when Mr. Loury incurred new legal costs, and relation back did not apply because Mr. Loury knew Mr. Martin's identity throughout and strategically chose to sue only Martin Law Firm in his 2019 counterclaim.