.

Defense Digest

On the Pulse…Catastrophic Claims Litigation Practice Group

Defense Digest, Vol. 29, No. 3, September 2023

September 1, 2023

by John J. Delany, III

When the stakes are high, clients rely on Marshall Dennehey’s experienced team of litigators, counselors, and trial attorneys to defend their interests in state and federal courts across the country and internationally. Kristen L. Worley and I are honored to share that experience with you as the co-chairs of the Catastrophic Claims Litigation Practice Group. The breadth of our practice extends past the geographical footprint of our offices because of our network of resources and relationships. Accordingly, the reach of our protective umbrella is international, consisting of a network of counsel, experts, and litigation crisis management organizations based on our memberships, alliance, and role as National Coordinating Counsel for numerous product manufacturers, and chairs in key committees of the Federation of Defense and Corporate Counsel (Trial Masters, Evolve), the International Association of Defense Counsel, the Defense Research Institute, American Trial Lawyers, industrial/commercial/product organization and associations, and specialty product practice groups.

Experience
We have a proven track record of successfully defending clients in cases involving catastrophic events, such as large-scale accidents, environmental disasters, construction collapse, high-rise fires, product liability claims, mass shootings, and other high-exposure claims. Our attorneys have extensive knowledge representing clients in a wide range of industries, including but not limited to manufacturing, construction, hospitality, trucking and transportation, energy, and insurance.

Our Attorneys
As chair of the Catastrophic Claims Litigation Practice Group, I have over 30 years' experience defending catastrophic, high-profile, high-exposure cases against some of the country’s most formidable plaintiff firms and have taken to conclusion more than 60 jury trials, as well as hundreds of bench trials, arbitrations, and mediations. It has been my privilege to represent many Fortune 500 companies directly and as insureds in complex litigation matters at the federal and state levels, and before administrative agencies and alternate dispute resolution forums. 

Kristin Worley is co-chair of our practice group. She has two decades of litigation and trial experience, representing clients in Pennsylvania and New Jersey in matters involving catastrophic litigation, product liability, personal injury, and commercial auto litigation.

Tom Wagner, in our Philadelphia office, is a litigation and trial lawyer with more than 40 years' experience. He concentrates his practice on the defense of casualty, product liability, and transportation industry cases. He has tried numerous cases to verdict in both state and federal courts. His clients have included well-known national retailers and product manufacturers, the largest operator of school buses in the world, and one of the largest transit authorities in the U.S.

Our group consists of nearly 40 attorneys firmwide, all of whom are dedicated to defending clients facing complex and high-exposure litigation arising from catastrophic events. With decades of experience handling these complex claims, we are well equipped to handle the most challenging and sensitive cases, working with clients to tailor our approach based on their needs. 

Comprehensive Defense Strategy
We understand the unique challenges that catastrophic and high-exposure claims present, and we work closely with our clients to develop a comprehensive defense strategy tailored to their specific needs. Our approach includes a thorough investigation of the facts and circumstances surrounding the claim, in-depth legal analyses, and strategic planning to effectively protect our clients’ interests. We employ a proactive and results-driven approach to litigation, with the goal of achieving favorable outcomes through settlement, alternative dispute resolution, or trial. We implement our resolution strategies after a prompt and comprehensive liability assessment is completed.

Collaborative and Client-Centric Approach
At Marshall Dennehey, we value close collaboration with our clients. We believe that a strong attorney-client relationship is essential to achieving success in high-stakes litigation. Our attorneys work directly with clients to understand their goals, concerns, and risk tolerance, and we keep our clients informed and involved at every stage of the litigation process. We strive to provide prompt and responsive communication and are committed to delivering exceptional service and achieving the best possible outcomes for our clients.

Cutting-Edge Resources and Technology
Our firm is at the forefront of using cutting-edge resources and technology to support our practice group’s efforts in defending catastrophic and high-exposure claims. We leverage advanced legal research tools, industry-leading experts and consultants, data analytics, and other state-of-the-art technologies to conduct thorough investigations, analyze complex data, and develop compelling legal arguments. This enables us to effectively manage large volumes of information and handle complex cases with efficiency and accuracy. At the end of the day, our trial attorneys are persuasive storytellers. As the dust settles from a catastrophic event, we are there to shape and tell your persuasive story.

Our Emergency Response Team is available 24/7 to respond to any catastrophic or high-exposure emergency (https://marshalldennehey.com) and is prepared to develop, coordinate, and execute an effective plan to protect our clients.
 

 

Defense Digest, Vol. 29, No. 3, September 2023, is prepared by Marshall Dennehey to provide information on recent legal 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. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

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.

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

News

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

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

Result

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

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. 

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

News

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

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

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.

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Thought Leadership

Mitigating Long-Tail Liability: Delaware Court Reaffirms Five-Year Workers’ Compensation Deadline

Williamson v. Donald F. Deaven, Inc., No. N25A-07-004 FWW, 2026 LX 252526 (Del. Super. Ct. June 2, 2026) Claimant was involved in a compensable industrial work accident on May 12, 1995, for a low back injury.  Following this, he received compensation for temporary total disability benefits from July 1996 to September 1996 and for sustaining a permanent impairment in 1997 and 1998. For the next 23 years, the claimant continued treatment and paid his own medical bills without submitting them to the employer’s insurer. In November 2021, the claimant filed a petition seeking payment for medical expenses, including prospective surgery and a resulting period of total disability. The employer moved to dismiss the petition, arguing it was barred by Delaware’s five-year statute of limitations (19 Del. C. § 2361(b)). Pursuant to 18 Del. C. § 3914, insurers must provide prompt written notice of the applicable statute of limitations to invoke the five-year deadline. Due to the age of the case, neither party had a comprehensive file of the claim and the Board had archived its file of the matter. The carrier’s computer system retained only bare information indicating that payments occurred and agreements and receipts were filed with the Board in 1997. While the claimant argued that the employer could not prove it provided the mandatory statutory notice, the Hearing Officer recovered the archived file, which contained two “Receipts for Compensation Paid” signed by the claimant. The receipts explicitly contained the required five-year limitation language, which the claimant testified to signing at the hearing. The claimant also attempted to introduce evidence of payments he claimed the employer made, which would have extended the statute of limitations. As a preliminary matter, the hearing officer excluded the testimony about the payments because the claimant did not produce them to the employer. The Board found in favor of the employer and dismissed the claimant’s petition as time-barred. The claimant appealed the Board’s decision, arguing that he never received adequate notice of the statute of limitations and that the hearing officer’s evidentiary ruling was an abuse of discretion. The Court held that the archived, signed receipts constituted substantial evidence that the insurer fulfilled its statutory notice requirements. Therefore, the claimant’s petition was time-barred under the statute of limitations provisions of 19 Del. C. § 2361(b). Furthermore, the Court reinforced strict procedural compliance: it rejected the claimant’s attempts to introduce evidence of payment on appeal, ruling the argument was waived for failure to preserve it while the matter was still before the Board. This recent ruling by the Court underscores the importance and necessity of robust data preservation and precise compliance with notice requirements. For risk managers, employers, and insurers, the decision highlights how tight administrative execution protects against catastrophic long-tail liability.

Casey Alan Coyle Joins Marshall Dennehey's PA Appellate Practice as a Shareholder in Harrisburg and Philadelphia

News

Marshall Dennehey Expands Leading Pennsylvania Appellate Practice With Addition of Shareholder Casey Coyle