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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
    • 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.
    • 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

New Jersey Expands Family Leave Protections Effective July 17, 2026

On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.

Thought Leadership

Congress Passes Financial Exploitation Prevention Act

On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.

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

SIU Gets a Boost: NJ Supreme Court Affirms Insurers' Right to Litigate, Not Arbitrate, Fraud Claims

In a significant win for insurers' Special Investigation Units, the New Jersey Supreme Court clarified that statutory insurance fraud and racketeering claims may proceed in court rather than through PIP arbitration. At issue was whether insurance fraud claims brought under New Jersey's Insurance Fraud Prevention Act (IFPA) and the state's Anti-Racketeering Act (NJ RICO) are subject to mandatory arbitration under the Automobile Insurance Cost Reduction Act’s (AICRA) PIP dispute-resolution framework. Allstate had sued a network of medical practices, physicians, and related corporate entities, alleging a scheme to extract more than $1.7 million in PIP benefits through fraudulent and misleading billing. The trial court dismissed Allstate's complaint and compelled arbitration, reading AICRA's arbitration clause — which covers "any dispute regarding the recovery of... benefits" under PIP coverage, N.J.S.A. 39:6A-5.1(a) — as sweeping in fraud and racketeering claims along with routine benefit disputes. The Supreme Court affirmed the Appellate Division's reversal, adopting Judge Gilson's opinion below (480 N.J. Super. 566 (App. Div. 2025)) as its own reasoning. The Court held that IFPA and RICO claims fall outside the scope of AICRA's PIP arbitration mechanism because that "streamlined and specialized" process cannot grant the relief those statutes contemplate — treble damages, injunctive relief, broad discovery, and joinder of third parties — and because arbitrators lack authority to award compensatory or treble damages to an insurer. The Court also rejected the argument that Allstate's own Decision Point Review Plans independently compel arbitration, finding those plan provisions no broader than AICRA's own arbitration clause. Notably, the Court expressly disagreed with the Third Circuit's contrary holding in GEICO v. Mt. Prospect Chiropractic Center, 98 F.4th 463 (3d Cir. 2024), concluding it is not bound by that federal interpretation of New Jersey law. Insurers retain the right to pursue IFPA and RICO claims in the Law Division, with a jury trial. For SIU units and NJ insurance carriers, this decision is a significant win: it forecloses defense clinics' primary procedural tool for shunting fraud investigations into limited-scope PIP arbitration, where treble damages, RICO relief, and meaningful discovery were never realistically available. Carriers building cases against fraudulently structured clinics, straw-owned practices, or coordinated billing networks can now proceed with confidence that a well-pleaded IFPA/RICO complaint stays in the Law Division rather than being diverted to arbitration on a motion to compel. Practically, this strengthens SIU's leverage in settlement negotiations, preserves civil discovery tools (subpoenas, depositions, joinder of related corporate entities) critical to unwinding complex ownership and referral schemes, and resolves the split with the Third Circuit in favor of NJ insurers — at least as a matter of state law. Expect increased reliance on IFPA civil actions, rather than PIP arbitration demands, as SIU's primary enforcement vehicle going forward.