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Jeffrey G. Rapattoni

Assistant Director, Casualty Department

Chair, Personal Injury Protection (PIP) Litigation Practice

Co-Chair, Fraud/Special Investigation Practice

Shareholder

JGRapattoni@mdwcg.com

Jeffrey is the Assistant Director of the Casualty Department and with the Director, is responsible for administrative oversight of more than 250 lawyers among 19 offices. Jeffrey is also a past member of the firm's Board of Directors, having served the maximum two term limit. 

Jeffrey joined Marshall Dennehey in 2008 and serves as the chair of the firm’s PIP Litigation Practice, co-chair of the firm's Fraud/Special Investigation Practice Group. He focuses his practice on insurance fraud, bad faith and SIU related matters working with carriers both in the US and internationally.

For over 20 years Jeffrey has litigated insurance fraud and fraud-related matters on a national level. He acts as coordinating counsel to several insurance companies and helps clients develop strategies for defending complex litigation related to medical provider fraud, PIP and other emerging insurance issues. In addition, Jeffrey frequently consults with insurance carriers across the country to help integrate internal analytical platforms, create risk management protocol and conduct fraud-related investigations.

He has extensive training and background in provider-based investigations, underwriting fraud, policy voidance, and staged accidents. Other practice areas include large loss property claims, coverage, general civil litigation, and appellate practice. He is an experienced mediator and coordinates investigations for companies in the healthcare, insurance, gaming, hospitality and other industries. As part of his practice, Jeffrey has worked with experts in the fields of cause and origin and bad faith as well as local and federal authorities.

Jeffrey serves as Counsel to the Board of Directors of the International Association of Special Investigation Units (IASIU), the largest global organization devoted to fighting insurance fraud by connecting the insurance, investigatory and legal communities. He also is a member of the Advisory Board of the BigData@Rutgers certificate program, where he provides input on curriculum development to improve the program's offerings and value to the business community.

He frequently lectures on insurance fraud, bad faith and data analytics topics for a number of local and national insurance organizations. He also provides legal education seminars for clients and organizations across the country.

After graduating with a Bachelor of Arts degree from Villanova University in 1997, Jeffrey served as a legislative correspondent for United States Senator Arlen Specter in Philadelphia and Washington D.C., where he assisted in drafting legislation and conducting legal investigations. While attending Rutgers Law School, he served as a judicial extern to the Honorable Judge John A. Almeida, J.S.C. Burlington County-Civil Division, where he drafted tentative dispositions of the court and assisted in court-ordered mediation sessions. 

    • Rutgers Law School (J.D., 2001)
    • Villanova University (B.A., 1997)
    • New Jersey, 2002
    • U.S. District Court District of New Jersey, 2002
    • U.S. Court of Appeals 3rd Circuit, 2004
    • Michigan, 2016
    • Pennsylvania, 2026
    • Counsel, International Association of Special Investigation Units (IASIU) (2025)
    • Ohio Chapter of International Association of Special Investigators (IASIU) Service Award (2020)
    • New Jersey Special Investigators Association (NJSIA) President's Award (2018)
    • Advisory Board Member, BigData@Rutgers Certificate Program (2017)
    • National Insurance Crime Bureau, Certificate of Appreciation (2010)
    • New Jersey Special Investigators Association President's Award (2009)
    • Counsel, Ohio Chapter of International Association of Special Investigators (IASIU)
    • Burlington County Bar Association
    • Camden County Bar Association
    • Claims and Litigation Management Alliance, Board Member and Secretary, South Jersey Chapter
    • Claims and Litigation Management Alliance, Insurance Fraud Committee Member
    • International Association of Special Investigators (IASIU)
    • National Society of Professional Insurance Investigators (NSPII)
    • New Jersey Insurance Defense Committee
    • New Jersey Special Investigators Association (NJSIA)
    • New Jersey State Bar Association
    • South Jersey Claims Association
    • Legal Affairs Committee of the Coalition Against Insurance Fraud, Member
    • The Lawyers Club of Philadelphia
    • "Crash & Con: Navigating Staged Accident Fraud," AM Best Insurance Law Podcast, May 22, 2025
    • Getting Caught With Your Hand in the Proverbial Cookie Jar, ClaimsXchange Annual Conference, Philadelphia, PA, October 12, 2023
    • Top Cases Impacting Fraud Fighting, Marshall Dennehey Client Webinar, June 28, 2023
    • The CAT's Out of the Bag: Insurance Fraud in Catastrophic Losses, CLM Annual Conference, Palm Desert, CA, March 24, 2022
    • PI’s in the Field – Pre, During & Post COVID & New Manned/Unmanned Surveillance, Illinois Chapter of IASIU, March 18, 2022
    • Charting the Course of Telehealth in the Post-COVID Landscape, ASHRM Webinar Series, April 27, 2021
    • Rising Risk and Economic Hardship: Insights on Fighting Fraud in Uncertain Times, CLM Webinar, November 5, 2020
    • Fraud Leadership Series: P&C Claims During Covid 19, FRISS Webinar, November 3, 2020
    • The Civil and Criminal State of the SIU in 2020, The Ohio Chapter of IASIU, October 27, 2020
    • All Hands Meeting- The Criminal State of the SIU in 2020, OIFP | NICB Webinar, October 7, 2020
    • National Perspective, Local Impact; New Case Law Impacting the SIU IASIU Webinar, September 14, 2020
    • SIU Litigation Trends Panel Discussion, IFM Webinar, May 12, 2020
    • CLM COVID-19 Webinar Series: "Stop the Spread...Don't Let COVID-19 Infect You With Insurance Fraud," April 23, 2020
    • Medical Investigator's Guide to the Modern SIU Claim, Speaker, New Jersey Special Investigators Association (NJSIA) Annual Conference, Atlantic City, NJ, October 2019
    • How the Market is Falling Short on CAT Claims, CLM Southeast Conference, Orlando FL, October 2019
    • How to Use Data in Your Advantage – Speaker, FRAUDTalks Conference, Amsterdam, Netherlands, September 24, 2019
    • Secrets to Maintaining a Successful Major Case Unit , IASIU, Phoenix, AZ, September 2019
    • Clamping Down On Fraud – Panelist, Casualty Actuarial Society Spring Meeting, New Orleans, Louisiana, May, 2019
    • SIU’s Management of Brand Protection – Concerns and Consequences, IFM, Coronado, CA, March 2019
    • Major Case From A-Z, IASIU 2018 Seminar & Expo on Insurance Fraud, Baltimore, MD, September, 2018
    • Major Case From A-Z, Marshall Dennehey Insurance Fraud 360 Seminar, Lafayette Hill, PA, June, 2018
    • The Evolving Partnership of Data Analytics and Claims, A.M. Best Webinar, May 3, 2018 (registration is required but no cost to view webinar)
    • How Smart Data is Remaking Insurance Claims, A.M. Best Webinar, February 22, 2018 (registration is required but no cost to view webinar)
    • Strategic SIU Management and Risk Avoidance – Moderator, 2017 Insurance Fraud Management Conference, Phoenix, AZ, March, 2017
    • Insurance Fraud - Staged Accidents: The New Frontier - panel, 2017 CLM Southeast Conference, Atlanta, GA, November, 2017
    • Trends and the Future State of SIU – Moderator, 27th Annual NJSIA Anti-Fraud Insurance Training Seminar, Atlantic City, NJ, October, 2017
    • Major Case From A-Z, IASIU 2017 Seminar & Expo on Insurance Fraud, New Orleans, LA, September, 2017
    • Ethics Roundtable, HB Litigation Northeast Corporate Counsel Forum, Atlantic City, NJ April, 2017
    • SIU Management Panel, New Jersey Special Investigators Association (NJSIA) Annual Conference, Atlantic City, NJ, October 2016
    • Deposing the Adjuster; Social Media and Big Data, IASIU Annual Seminar and Expo on Insurance Fraud, Red Rock, Nevada, September 2016
    • Managing the Risk in SIU Investigations, Panel Moderator, Marshall Dennehey Insurance Fraud 360 Seminar, Lafayette Hill, PA, June, 2016
    • Risk Management in SIU,  IFM/ISO- Insurance Fraud Management Conference, Savannah, Georgia, March 2016
    • NAMIC Webinar: Contemporary Solutions to Provider and Claimant Medical Fraud, October 27, 2015
    • NAMIC Webinar: Provider Fraud Investigations in Personal Injury Protection Claims, October 13, 2015
    • NAMIC Webinar: Medical Provider Fraud in Uninsured Motorist/Bodily Injury Claims, October 6, 2015
    • Building a Better Medical Major Case, New Jersey Special Investigators Association (NJSIA) Annual Conference, Atlantic City, NJ, October 2015
    • SIU Data Analytics: A Sword and Shield for Florida Law, Florida Insurance Fraud Education Committee (FIFEC) 23rd Annual Conference, June 11, 2015
    • Avoiding Risk in Managing the Anti-Fraud Function and Tracking the Value-Add of SIU, 2015 Insurance Fraud Management Conference, Coronado, California, March , 2015.
    • Dissecting The Staged Loss Claim, Speaker, New Jersey Special Investigators Association (NJSIA) Annual Conference, Atlantic City, NJ, October 2014
    • "The Burden of Medical Provider Fraud on the Insurance Industry," A.M. Best PODCAST, September 2014
    • SIU Management Panel - Contemporary SIU Issues, Marshall Dennehey Insurance Fraud 360 Seminar, Lafayette Hill, PA, June 2014
    • Managing and Investigating Billing Misrepresentations Under the New PIP Statute, Florida Insurance Fraud Education Committee (FIFEC) 22nd Annual Conference, June 12, 2014.
    • Effectively Managing Contemporary Insurance Fraud Issues, National Society of Professional Insurance Investigators’ 2013 Advanced Insurance Fraud Seminar, St. Louis, MO, November, 2013
    • Effectively Managing Major Case Investigations of Fraudulent Medical Providers, Speaker, New Jersey Special Investigators Association (NJSIA) Annual Conference, Atlantic City, NJ, October 2013
    • Trending Contemporary Medical Fraud, IASIU's 28th Annual Seminar and Expo on Insurance Fraud, Atlanta, GA, September 2013
    • Contemporary Medical Fraud Issues, Marshall Dennehey Insurance Fraud Perspectives Seminar, Cleveland, OH, November 2012
    • Effectively Managing Complex and Emerging Issues, NJSIA 22nd Annual Fraud Seminar, Atlantic City, NJ, October 2012
    • Discussions of Recent Florida Case Law Developments Regarding EUO Methodology and Limitations, FIFEC - Florida Insurance Fraud Education Committee, Orlando, FL, June 2012
    • Effectively Managing Contemporary Provider Fraud Issues, Marshall Dennehey Fraud Seminar - Insurance Fraud Perspectives, Lafayette Hill, PA, June 2012
    • Proper Interaction and the Role of the Public Adjuster During an Arson Investigation, ICAC - National Arson Training Seminar, Las Vegas, NV, February, 2012
    • Managing Public Adjuster Issues, IFM - Insurance Fraud Management Conference, Phoenix, AZ, March, 2012
    • NJSIA – Anti-Fraud Training Seminar, Acupuncture Fraud and Abuse, October 2011
    • 2010 NJSIA Auto Theft Investigations; Hail Fraud Claims; Public Adjuster and Homeowner's Fraud, Presenter 
    • 2010 IASIU Property Loss Fraud, Presenter 
    • National Insurance Crime Bureau - 2010 - Hail Storm and Large LossProperty Claims
    • Multi-State Auto Theft Investigation Review, 2010 - Combating Insurance Fraud Seminar, Conshohocken, PA 
    • 2010 IFM General Convention, Point of Sale Fraud, Co-Presenter 
    • 2010 IAA & ACFE Fraud Convention, Insurance Fraud, Presenter 
    • 2009 NJSIA SIU Investigations of the Future, Presenter 
    • 2009 NSPII Medical Provider Fraud, Presenter 
    • 2009 IASIU Public Adjuster Fraud, Presenter
    • 2008 IASIU Medical Provider Fraud, Presenter 
    • 2008 NJSIA Preferred SIU Strategies, Presenter 
    • 2008 NSPII Point of Sale and Underwriting Fraud, Presenter 
    • 2007 NJSIA Innocent Third Party Seminar, Presenter 
    • 2006 NJSIA Policy Voidance Seminar, Presenter 
    • 2005 NJSIA Public Adjuster Fraud Seminar, Co-Presenter 
    • 2004 NJSIA Underwriting Fraud Seminar, Co-Presenter 
    • Defeated a bad faith action where plaintiffs sought treble and punitive damages based upon coverage denials.
    • Secured a voluntary dismissal regarding a $750,000 fraudulently submitted homeowner's claim.
    • Secured a voluntary dismissal with respect to a $375,000 homeowners/bad faith matter in which the insured submitted a fraudulent contents inventory.
    • Through the use of medical and forensic accounting experts, Jeffrey has also been successful in collecting on behalf of insurance carrier clients large sums of money improperly paid to fraudulent medical providers.

Thought Leadership

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Staged Accidents, Real Consequences: Combating Crash-for-Cash Schemes in Commercial Auto

November 24, 2025

Insurance fraud is an evolving challenge, but few schemes are as bold, and as costly, as staged automobile accidents. Commonly referred to as “crash-for-cash” incidents, these orchestrated collisions are designed to manipulate the claims process, drive up indemnity payments, and inflate premiums across the industry. What makes them particularly insidious is that they exploit one of the foundational principles of insurance: the expectation that claims arise from sudden and accidental loss. Instead, staged accidents are deliberate, fraudulent events carried out for financial gain.

Spotting Staged Accidents Is Key in Fighting Insurance Fraud

July 1, 2025

Staged accidents—accidents that are intentionally carried out for fraudulent purposes—have increased aggressively since the COVID-19 pandemic and are having a profound impact on commercial lines. Initially misidentifying these types of claims in the early stages can lead to premium increases to the point of losing profitability or becoming uninsurable.

News

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Events

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Speaking Engagement

2026 Pennsylvania Association of Mutual Insurance Companies (PAMIC) Claims Summit

April 8, 2026

Jeffrey G. Rapattoni, James H. Cole, Alec N. DelConte, and Allison L. Krupp

Firm Highlights

Result

Unanimous Verdict Obtained in a Medical Malpractice Matter in Bergen County, New Jersey

Thought Leadership

Perlmutter Provides Predictability for Punitive Damages Claims in Florida

In a much anticipated decision, the Florida Supreme Court provided clarity for the standards of proof for punitive damages claims in Perlmutter v. Federal Insurance Company, SC2024-0058 (Fla. June 11, 2026). Litigants and trial judges must be mindful of the standards laid out by the Court. And, defense practitioners must be prepared to alter their strategies to defend against such claims. Perlmutter came to the Court from the Fourth District, based on conflict jurisdiction with decisions from the Second and Fifth District and on certification of a question of great public importance as to the standard of proof for punitive damages claims at the pleading stage. Fed. Ins. Co. v. Perlmutter, 376 So. 3d 24, 29 (Fla. 4th DCA 2023). In the underlying case, the Fourth District made two conclusions. First, it held that a “trial court must consider the evidentiary showing by all parties at the hearing on the motion to amend, that is, evidence ‘in the record’ and evidence ‘proffered by the claimant.’”  376 So. 3d at 33. Second, the Fourth held that it “interpreted section 768.72(1) and (2) to require the trial court to make a preliminary determination of whether a reasonable jury, viewing the totality of proffered evidence in the light most favorable to the movant, could find by clear and convincing evidence that punitive damages are warranted.  Id. at 34 (underscoring in the original). In making these conclusions, the court cautioned trial courts that the “preliminary determination” analysis did not entitle the trial court to decide whether the evidence is clear and convincing and noted that the trial court should not weigh evidence and should not determine witness credibility. Id. The Florida Supreme Court accepted jurisdiction and answered the certified question in the negative. It quashed the decision below and remanded the case for application of the following standards: The trial court should consider only the evidence identified or proffered by the claimant; it should not entertain an evidentiary counter-submission from the opponent. The trial court should consider whether a reasonable person could conclude based on the claimant’s evidence, that the defendant committed “intentional misconduct” or “gross negligence” as defined in section 768.72(2) or section 768.72(3). The trial court must review the request for punitive damages in the context of the underlying claims. The trial court should not apply the clear and convincing standard of proof in reviewing the sufficiency of the evidence at the pleading stage. The trial court does not act as a fact-finder; the trial court must not weigh the claimant’s evidence—it cannot decide the truth of the matter. The trial court must consider the record evidence and the proffered evidence in the light most favorable to the plaintiff, but the allegations in the proposed amended complaint are not themselves evidence. Perlmutter, SC2024-0058 at 13-15 (emphasis added). In explaining these standards, the Court interpreted the text of the statute and compared it to a related statute which governs punitive damages in the nursing home context. The nursing home statute expressly calls for evidentiary submissions by “the parties” and expressly tells the trial court to determine whether there is a reasonable basis to believe the claimant could satisfy the “clear and convincing evidence” standard at trial. Id. at 17-18 (comparing the text of section 768.72(1), Florida Statutes, with section 400.0237, Florida Statutes). Without that express language in section 768.72, the statute could not be applied in the same manner. With these standards specially delineated for the trial courts, the Court is “confident that its interpretation of section 768.72(1) will not frustrate the effectiveness of the statute in accomplishing the Legislature’s textually evident purposes.” Id.  at 22 (cleaned up). This remains to be seen. While Perlmutter provides predictability and clarity for trial courts when reviewing the evidentiary submissions in support of a punitive damages claim, the decision will not likely impact the numbers of punitive damages motions filed. Rather, these new parameters will change the way claims are defended, reminiscent of a time when rulings on punitive damages were only subject to certiorari review and appellate courts were limited in reviewing procedural errors. This decision will likely deflate the level-playing field that Florida Rule of Appellate Procedure 9.130(a)(3)(G) addressed by allowing appeals of orders granting and denying punitive damages amendments. Further, Perlmutter may have impliedly created a call to action for the Legislature to amend section 768.72(1) in the same manner it amended section 400.0237 to allow the courts to analyze “admissible evidence submitted by the parties” and determine at a hearing whether there is a reasonable basis to believe the claimant at trial would be able to demonstrate by “clear and convincing evidence” that the recovery of punitive damages is warranted. Until then, defendants must adjust their strategies. To adapt to these new standards, defense practitioners will need to tailor their strategy for defending punitive damages claims since they can no longer submit a counter-proffer or urge a court to apply the clear and convincing standard at the pleading phase. Instead, defendants will need to attack the deficiencies in the claimant’s pleadings and proffer. If the trial court fails to serve as a gatekeeper, and does not apply the above standards, then defendants can pursue an interlocutory appeal under Rule 9.130(a)(3)(G). If a nonfinal appeal is taken, then defendants should move to stay any intrusive financial discovery while the appellate court analyzes the issues on appeal. Finally, defendants should utilize Florida Rule of Civil Procedure 1.510 to serve as a screening device to allow the trial court to analyze all evidence and prevent nonmeritorious punitive damages claims from proceeding to a jury.

Thought Leadership

Court Reaffirms That Actual Cash Value Includes Labor and Overhead, Not Just Materials

Greenaker v. Universal Prop. & Cas. Ins. Co., Case No. 2D2024-1964, (Fla. 2nd DCA May 8, 2026). The plaintiffs filed a breach of contract suit against Universal for refusal to pay for all of plaintiffs’ damages from a storm in November 2020. Universal filed a motion in limine to prevent the plaintiffs from introducing evidence concerning both actual cash value and replacement cost value of the loss. They argued that the plaintiffs did not complete repairs or incur any expenses in repairing the damaged property, thus being limited to actual cash value as their measure of damage and the plaintiffs’ submitted estimate of damages contained labor costs necessary for repair and, therefore, not an actual cash value estimate. Universal further asked for a directed verdict at the hearing because the plaintiffs would have no evidence to support the claim for damages. The trial court agreed and granted Universal’s motion, entering a final judgment in Universal’s favor.  The plaintiffs filed a motion for rehearing and reconsideration due to the court improperly converting Universal’s motion in limine to a motion for final summary judgment. The court denied plaintiffs’ motion and the plaintiffs appealed. The Second District Court of Appeal agreed with the plaintiffs and determined that the trial court improperly entered a final judgment based on a pretrial ruling in limine, advising there was recognized procedures, including summary judgment, judgment on the pleadings, and default judgment that could have been exercised. Further, the court continued that the improper procedure was not the only reason for the judgment to be reversed. They noted the insurance policy did not provide a definition of actual cash value nor how to calculate it, and the parties disputed the definition and calculation of such.  Universal argued that actual cash value is defined as the value of the property that suffered the direct physical loss less depreciation and deductible, i.e. costs of physical materials that were damaged.  The plaintiffs argued that actual cash value includes the amount of repair costs in addition to the value of the property that suffered direct physical loss because it is calculated as the replacement cost minus depreciation.  The court agreed with the plaintiffs, noting that Universal’s definition was not supported by the insurance contract, the statute governing replacement value insurance contracts, nor decisional authority.  The court noted that Universal “cherry-picked” the phrase “direct physical loss” from the perils insured against provision and applied it to the loss settlement provision, which doesn’t state “direct physical loss,” but instead states “insured loss.”  Further, the court conveyed that application of “direct physical loss” would be used on both actual cash value and replacement cost value, as they are both present in the loss settlement provision, which would mean insureds never got payments beyond costs of physically damaged material, which is contradictory to the replacement cost value definition.  The court advised that the Florida Supreme Court had approved the court’s interpretation of actual cash value as including costs other than damaged physical property, including overhead and profit, noting that these costs can be included in actual cash value to which a portion, like all other costs, could be depreciated. The court noted the difference between actual cash value and replacement cost value is not between types of costs, i.e. materials vs. labor, but between the valuation of the costs with the distinction of being a depreciated vs. undepreciated value. The court refused to exclude intangible costs such as labor, profit and overhead from actual cash value, finding these costs inclusions were consistent with statutory and contractual language as well as Florida Supreme Court precedent. The court reversed the judgment and remanded the case back to the trial court.

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. 

Portrait of Thomas Glassman. Text: Joining our Cincinnati Office as a Shareholder in the Casualty Department

News

Marshall Dennehey Adds Shareholder Thomas F. Glassman in Cincinnati, Expands Casualty Practice in Ohio and Kentucky

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

News

Stacey R. Gorin Installed as President of the Burlington County Bar Association

Thought Leadership

Appeals Court Reverses Trial Court Order Striking Complaint as Sanction for Violating Discovery Order

All Dry USA v. Savell, 2026 WL 816093 (Fla. 1st DCA 2026) The First District Court of Appeal reversed the trial court’s order denying All Dry USA’s complaint as a sanction for violating a discovery order. The appellate court found that All Dry USA’s failure to comply with the trial court’s case management order did not give the trial court the authority to strike All Dry USA’s pleadings. All Dry USA provided water mitigation, mold remediation, and a restorative tarp at the property owned by the Savells. The property had been damaged by Hurricane Sally. All Dry USA provided invoices for the three services it performed in the amount of $90,130.61. The Savells refused to pay the invoices, stating that while they had retained All Dry USA, there was no agreement reached regarding the cost of the services. All Dry USA proceeded to file a lawsuit against the Savells, alleging breach of contract and unjust enrichment. The Savells answered the lawsuit and served discovery upon All Dry USA. All Dry USA failed to respond to the discovery requests and the Savells moved for an order compelling discovery. The trial court issued an order compelling All Dry USA to respond to Savells discovery requests and comply with all outstanding discovery deadlines per the case management order. On the day its responses were due, All Dry USA filed a motion to extend the deadline to comply with the court’s order. Before the motion was ruled upon, the Savells filed a motion to have All Dry USA’s complaint stricken for violating the trial court’s order compelling All Dry USA’s responses. The trial court granted the motion to strike, and then granted the Savell’s request for entry of default final judgment, based upon there no longer being an operative complaint. The First District Court of Appeal reversed, ruling that an order striking pleadings is justified if it is found that a party has violated numerous discovery orders, or has shown a “deliberate and contumacious disregard of the court's authority.” Mercer v. Raine, 443 So. 2d 944, 946 (Fla. 1983). The appellate court stated that a trial court’s authority to strike pleadings is not unbridled and that the situation before the court did not justify the striking of All Dry USA’s pleadings. In reaching its decision, the First District focused on the fact that the trial court only addressed the potential prejudice to Savell by All Dry USA failing to respond to discovery and seeking an extension of the deadline. The appellate court stated that prejudice is not the only factor to be considered and that the trial court needed to address if All Dry USA’s behavior in failing to comply with the discovery order was willful and deliberate.  The First District also stated that nothing in rule 1.200 or 1.380 grants a trial court the authority to strike a pleading because certain case management deadlines are not met. The appellate court held that the Florida Rules of Civil Procedure allow trial courts to bring the parties in, order them to comply with the case management discovery deadlines, and then strike pleadings if the subsequent discovery orders are disobeyed. This ruling shows the importance of understanding the authority that is binding on the trial court a party is appearing in front of. The First District’s view on a trial court’s ability to strike pleadings is in contrast with other appellate court’s throughout Florida.

News

Marshall Dennehey’s John J. Hare Brings Home Attorney of the Year Honors; Firm Named Litigation Department of the Year in Two Categories

Marshall Dennehey took home top honors in three categories at the The Legal Intelligencer’s 2026 Pennsylvania Legal Awards, held June 11 in Philadelphia. The first place awards include: Attorney of the Year: John J. Hare, Chair of the firm’s Appellate Advocacy & Post-Trial Practice Group and Executive Committee member, together with Charles “Chip” Becker of Kline & Specter Litigation Department of the Year, Appellate – Third Win in a Row! Litigation Department of the Year, Product Liability/Mass Torts “There is no one more deserving of Attorney of the Year honors than John. This award is a testament to his exceptional skill, dedication, and leadership—qualities that truly exemplify the very best of our firm,” said G. Mark Thompson, Marshall Dennehey’s President & CEO. “These honors also reflect the strength and depth of our product liability, mass torts, and appellate practices across Pennsylvania and beyond, underscoring our ongoing commitment to delivering outstanding results for our clients.” Attorney of the Year – John J. Hare, Marshall Dennehey, together with Charles “Chip” Becker, Kline & Specter Over the past year, John and Charles were opposing counsel in many of the highest-profile civil appeals in Pennsylvania. John is renowned as a preeminent appellate lawyer on the defense side, and Chip on the plaintiff's side. They have opposed each other repeatedly, exhibiting peerless professionalism and exceptional civility, while zealously litigating under the unremitting pressure of high-profile litigation and record-setting verdicts totaling more than $3.5 billion. They have also collaborated, outside of litigation, on many commissions, committees, and projects of importance to the Pennsylvania judiciary and legal community. Litigation Department of the Year – Appellate Law, Winner (previous winner, 2025 and 2024) 2025 was another standout year for the firm’s Appellate Advocacy & Post‑Trial Practice Group, led by John J. Hare, which was retained to challenge many of Pennsylvania’s “nuclear” verdicts—awards exceeding $10 million. Notably, the department persuaded the Pennsylvania Superior Court to reverse a Philadelphia judgment of $1.09 billion, the largest judgment ever overturned by a Pennsylvania appellate court. The group’s 11 full‑time Pennsylvania‑based appellate lawyers are at the center of Pennsylvania’s most high-profile matters, bringing more than 150 years of combined appellate experience. They routinely handle post‑trial and appellate matters and are frequently engaged to participate in and monitor trials in high‑exposure cases to ensure that critical legal issues are properly raised and preserved for appeal. Litigation Department of the Year – Product Liability/Mass Torts, Winner This marks the first win for the firm’s Pennsylvania Product Liability and Mass Torts practices, which operate within our Casualty Department, managed by Matthew Schorr and Jeff Rapattoni. For almost five decades, Fortune 500 product manufacturers/distributors and their insurers have turned to these groups to defend their litigation. Led by Bradley D. Remick and Vlada Tasich, our Product Liability group’s success can be attributed to its commitment to keeping abreast of ever-changing legal theories, judicial viewpoints, and evolving technology impacting the product liability landscape. Our attorneys have successfully handled thousands of product liability matters in all jurisdictions across the state. Likewise, our mass tort litigation practice – divided into Asbestos & Mass Tort, and Environmental & Toxic Tort Litigation –  has defended manufacturers, distributors, contractors, and premises owners in thousands of personal injury and other claims. Led by Kevin E. Hexstall and Patrick T. Reilly, most attorneys in these groups have more than 20 years of experience, and our seasoned trial team has tried hundreds of cases to verdict, consistently achieving strong results through both trials and settlements. In addition to these awards, Marshall Dennehey was a Litigation Department of the Year finalist for Professional Liability.