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Keri L. Morris-Johnston

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KLMorris@mdwcg.com

Portrait of Keri L. Morris-Johnston

Keri's practice is devoted to Delaware workers' compensation and employment law defense (including discrimination and whistleblower protection), in addition to federal employment law defense. Throughout her legal career, she has represented clients including automobile assembly plants, nursing homes, hospitals, security companies and retailers in matters pertaining to workers' compensation and employment law. She is also experienced in handling matters for non-profits and fast food franchises, and advising clients in relation to owner controlled insurance policies. Keri is especially adept at assisting and educating small employers on issues pertaining to workers' compensation.

In addition to managing the Workers' Compensation Department in the Wilmington office, Keri has also served as a member of the firm's Executive Committee Advisory Council, a distinguished group of firm leaders whose purpose is to enhance the communication between the Executive Committee and younger members of the firm's professional ranks.

While attending Widener University School of Law, Keri worked for the Delaware Department of Labor, where she handled a wide variety of employment, labor and civil rights issues. Keri investigated allegations of employment discrimination and wage and hour violations, including alleged prevailing wage violations and child labor violations. 

Keri is a graduate of the University of Delaware, where she received a Bachelor of Arts degree in Criminal Justice. She remains involved with her alma mater, serving as an advisor for the Alpha Sigma Alpha sorority.

    • Widener University Delaware Law School (J.D., 2003)
    • University of Delaware (B.A., 1998)
    • Delaware, 2005
    • U.S. District Court for the District of Delaware, 2005
    • U.S. Court of Appeals 3rd Circuit, 2005
    • The Best Lawyers in America®, Workers' Compensation Law - Employers (2023-2026)
    • Top Lawyer, Workers' Compensation Employer Defense, Delaware Today (November 2024)
    • Top Lawyer, Workers' Compensation Employer Defense, Delaware Today (November 2022)
    • Top Lawyer, Workers' Compensation for Employers, Delaware Today (November 2020)
    • Associated Builders and Contractors, associate member, Legislative and Legal Rights Committee
    • Delaware State Bar Association; member, Workers' Compensation Section
    • Randy J. Holland Delaware Workers' Compensation Inn of Court
    • Whoops I Did It Again - The Legal Implications of Successive Injuries, panelist, Delaware State Bar Association and the Industrial Accident Board Workers' Compensation Seminar 2023, Wilmington, Delaware, May 2, 2023
    • Considerations Surrounding a Discharge, Marshall Dennehey Workers' Compensation Seminar, October 27, 2022
    • A State-By-State Guide to Avoiding Attorneys' Fees and Sanctions, Marshall Dennehey Workers' Compensation Seminar, October 27, 2022
    • Ethics and the Practice of Workers’ Compensation, Delaware State Bar Association William D. Rimmer Workers’ Compensation Seminar 2022, Wilmington, Delaware, May 3, 2022
    • Workers' Compensation Winter Roundup, Graham Company webinar, December 15, 2020
    • Understanding the Debate with the ADA, FMLA and Workers’ Compensation, Marshall Dennehey webinar, October 27, 2020
    • Subsequent Injury and Successive Carrier Liability, Holland Inns of Court, October 13, 2020
    • Ethical Considerations During COVID-19, Delaware State Bar Association, September 15, 2020 
    • Pot For Pain, Marshall Dennehey Workers' Compensation Seminar, October 25, 2018
    • Ingredients for Successfully Defending Claims for Work Injuries at Home, Marshall Dennehey Workers' Compensation Seminar, October 19, 2017
    • Defense Counsel Wish List, Marshall Dennehey Workers' Compensation Seminar, October 27, 2016
    • Put Me In Coach: Top 10 Opportunities in Claims and Litigation Management, Marshall Dennehey Workers' Compensation Seminar, October 22, 2015
    • Employment Law Update and Workers' Compensation Basics, Delaware State Dental Society, Dover, Delaware, March 19, 2015
    • Case Law Update, Delaware State Bar Association Workers' Compensation Seminar, January 21, 2015
    • Navigating The Bermuda Triangle: The Intersection of Workers' Compensation, FMLA and ADA, Roadmap to Success - Understanding Workers' Compensation, Marshall Dennehey seminar, October 24, 2013
    • Prevailing Wage Law in Delaware, April 2005
    • "New EEOC Procedures for the Release of Position Statements" and "EEOC Lawsuits Challenge Sexual Orientation Discrimination as Sex Discrimination," Legal Updates for Employment Law, May 2016
    • "Workers’ Compensation Benefits and Unemployment Compensation Benefits … Are Injured Workers Entitled to Both?," Defense Digest, Vol. 20, No. 3, September 2014
    • "Delaware Whistleblowers' Act Applies to Constructively Discharged Employees?," Defense Digest, Vol. 18, No. 4, December 2012
    • Case Law Alerts, regular contributor, 2011-present
    • "Updates To Delaware's Workers' Compensation Statute," Defense Digest, Vol. 13, No. 4, December 2007

Results

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Successful defense of COVID-19 claim involving a registered nurse.

The plaintiff alleged she was exposed to COVID-19 while caring for a patient and infected both of her adult sons. One son died from COVID-19. We argued that COVID-19 was not an occupational disease and that she could not establish she contracted COVID-19 at work. The Industrial Accident Board agreed, resulting in a significant win for the employer.

Thought Leadership

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Case Law Alerts

In order to qualify for unemployment benefits, the unemployed individual must be able and available to work.

July 1, 2023

The plaintiff had been out of work for medical reasons for several months. She was medically cleared to return to work in March 2020, but due to the COVID-19 pandemic and her pre-existing medical condition, her medical provider felt it “was too dangerous for her to work until she was vaccinated.” She asked her employer for a position where she did not have to interact with customers. The employer was not able to offer her a position with this restriction. She filed for unemployment benefits and received benefits until December of 2021, when she received notice that she was ineligible for unemployment benefits.  19 Del. C. § 3315(3), requires that employees be able and available to work in order to receive unemployment benefits. The Claims Deputy, Appeals Referee and the Unemployment Insurance Board found that the plaintiff was ineligible for unemployment benefits because she was not able and available to work. Even though she provided testimony that she had been looking for work-from-home positions, the evidence established that her medical provider had not released her to return to work without restrictions.  The plaintiff appealed the decision to the Delaware Superior Court. An appeal to the Superior Court evaluates the record to determine if the Board’s decision is supported by substantial evidence. The decision will only be overturned if the Board has acted “arbitrarily and capriciously or exceeds the bounds of reason in view of the circumstances … so as to produce injustice.”  In the appeal, the plaintiff argued that she was able, available, and actively seeking work and would have stayed employed had she been accommodated by not having to interact with customers. The court made clear that a claimant is not “able and available” if she is cleared to work with restrictions that an employer cannot accommodate. The court found that the Board’s decision to deny the plaintiff benefits was supported by substantial evidence. The Board’s decision was affirmed and ordered the plaintiff to repay the unemployment benefits she received.      Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey 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 © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

What's Hot in Workers' Comp

What's Hot in Workers' Comp - Special DE Alert

June 15, 2023

New Workers’ Compensation Rate Effective July 1, 2023   The Delaware Secretary of Labor has announced the average weekly wage in Delaware for calendar year 2022 will be $1,301.27. This wage is derived from data from employers participating in the State’s unemployment insurance system. Using this wage figure, effective July 1, 2023, the maximum weekly workers’ compensation rate will be $867.52. The minimum workers’ compensation rate will be $289.18. These rates will apply to any injury occurring in the State of Delaware on or after July 1, 2023. If you have any questions, please reach out to any of our Delaware workers’ compensation attorneys at 302-552-4300.     What's Hot in Workers' Comp – Special DE Alert – June 16, 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. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

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Firm Highlights

Thought Leadership

Vendor Cyber Attack Compromises PII of More Than 3 Million Hunting and Fishing License Holders in Texas

The Texas Parks & Wildlife Department (TPWD) announced earlier this month that one of its vendors which handles the sale of state hunting and fishing licenses was the victim of a cybersecurity attack. The threat actor appears to have exfiltrated personal driver’s license information, passport numbers, email addresses, phone numbers and addresses of over 3 million hunting and fishing license holders.  The State Parks Department advised that the attack did not compromise social security numbers, dates of birth or financial information. Texas Cyber Command, the state’s new cybersecurity authority formed to protect critical infrastructure and coordinate threat responses across state and local government, reportedly assisted in detecting and containing the attack. TPWD has already set up free credit monitoring for those impacted through Kroll.  According to press reports, no specific group has yet been identified as the perpetrator of the theft. TPWD also advised that business has not been interrupted and license sales were continuing. This incident once again demonstrates that cybersecurity is only as strong as the weakest link in the supply chain. Businesses must prioritize security across their own environments and those of their vendors and contractors as well.

Thought Leadership

Legal Update for Special Education Law: Recent Positive Outcomes From the Group

Hearing Officer Confirms District Acted Appropriately Under IDEA and Section 504 William J. McPartland (Scranton) obtained a finding in favor of our client, a school district, on all issues following a due process hearing. The parent had filed a due process complaint alleging that the school district had breached its child find duty under the IDEA and Section 504, that the school district had discriminated against the student on the basis of disability in violation of Section 504, and that the school district had denied a free and appropriate public education to the student both by developing inadequate IEPs and via an actionable procedural violation.  Specifically, the student had received a Section 504 evaluation in October 2023, after a number of behavioral infractions culminating in a fight in September 2023, was identified as having anxiety and a sleep disorder, and received appropriate Section 504 accommodations. The student had never previously demonstrated signs of a learning disability, and the parent denied the school district permission to evaluate the student for special education needs in November 2023, and January 2024. The parent granted the district permission to evaluate the student in October 2024, after a private psychologist diagnosed the student with Attention Deficit Hyperactivity Disorder, possible Oppositional Defiance Disorder, a learning disorder, and anxiety. The school district issued a special education evaluation report in December 2024, finding that the student had an emotional disturbance and other health impairment, and an IEP providing an itinerant level of emotional support, as well as instruction in academics and social skills, was issued in January 2025, and amended in February, March, and April 2025. The student withdrew from the school district in April 2025, to attend a cyber charter school. The hearing officer determined that the school district had not violated its child find duty to the student in violation of either the IDEA or Section 504 where the district developed a Section 504 plan for the student within a month and a half of the parent’s first request for a Section 504 evaluation and where the parent repeatedly denied consent to conduct an IDEA evaluation of the student. The hearing officer noted that the student’s sporadic record of behavioral infractions prior to September 2023, did not suggest that the student had a disability prior to the parent’s initial request for an evaluation. The hearing officer further determined that no evidence had been produced to suggest that the student was discriminated against on the basis of disability in violation of Section 504. Additionally, the hearing officer determined that the IEP offered to the student was substantively adequate and that, to the extent the social and emotional programming offered by the school district was not received by the student, this resulted from the parent’s refusal to accept the same. The hearing officer finally determined that the school district did not commit an actionable procedural violation by delaying development of an IEP for the student where the parent repeatedly denied consent to evaluate the student. Court Dismisses Three of Four Claims Against School District Christopher J. Conrad and Daniel P. McGannon (Harrisburg) achieved a significant early victory on behalf of a school district client in. The team successfully obtained dismissal of three of the four claims asserted in the plaintiff’s amended complaint. The former district superintendent brought multiple claims arising out of his alleged “forced resignation,” including age discrimination under the ADEA, a Section 1983 Equal Protection claim, a Pennsylvania Whistleblower claim, and breach of contract. On behalf of the district, the defense team moved to dismiss the complaint in part, arguing: The plaintiff failed to plead sufficient facts to support a prima facie case of age discrimination. The equal protection claim was barred because the ADEA provides the exclusive federal remedy for age-based employment claims. The breach of contract claim could not stand because the underlying employment agreement had expired prior to the alleged breach. The court agreed, dismissing the ADEA, equal protection, and breach of contract claims in their entirety. As a result, only a single claim under the Pennsylvania Whistleblower Law remains pending. This outcome substantially narrows the scope of the litigation and positions the client for a more efficient defense moving forward.

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. 

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.

Congratulations to our 2026 Florida Super Lawyers & Rising Stars: Elizabeth Ferguson, A.C. Nash, Taylor Naughton, Sophia Philor, Amara Rodriguez

News

Marshall Dennehey Announces 2026 Florida Super Lawyers & Florida Rising Stars

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

Thought Leadership

Featured Conversations... Key Takeaways from A.M. Best’s Webinar on the Misuse Defense in Product Liability Claims, Featuring Michael Salvati

Michael Salvati, shareholder in our Philadelphia office, was a panelist for the April A.M. Best webinar, “The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers.” During the program, Michael and his fellow panelists offered practical, jurisdiction‑specific guidance on how misuse and failure‑to‑warn theories intersect in modern product liability litigation. Michael emphasized the unique challenges these claims present—particularly in states like Pennsylvania, where evidentiary rules diverge sharply from those applied in many other jurisdictions. Failure to Warn as the “Flip Side” of Misuse Salvati explained that failure‑to‑warn allegations often arise as a direct counter to a misuse defense. As he noted, “If our misuse defense is that the plaintiff didn't use a product properly or safely, then the failure to warn claim is that we didn't tell them how to use it properly.” He emphasized that these claims can stem from either the absence of warnings or criticisms of existing warnings, such as insufficient specificity or lack of clarity about risks. Pennsylvania’s Unique Evidentiary Landscape One of Salvati’s most notable points was the stark difference in how Pennsylvania treats evidence of compliance with industry standards. He highlighted that Pennsylvania is “one of the only states…where that evidence is not admissible” in strict liability cases. Manufacturers cannot rely on compliance with ANSI, UL, ISO, or even federal safety standards to defend the product against a strict liability claim—because the focus is solely on the product itself, not the manufacturer’s conduct. Salvati acknowledged the challenge this creates for defense counsel and clients who expect such compliance to carry weight. Understanding the Three Defect Theories Salvati also walked through the three primary defect theories recognized in many jurisdictions: - Design defect – a flaw in the product’s intended design - Manufacturing defect – a deviation affecting a specific unit - Failure to warn – inadequate instructions or warnings He noted that warnings claims are increasingly significant and sometimes stand alone when design or manufacturing theories are weak. As he put it, plaintiffs often default to warnings claims because “the default position seems to be, ‘If I got hurt, there must be something wrong.’” Warranties and State‑by‑State Variations Salvati addressed how breach‑of‑warranty claims fit into the broader framework, explaining that implied warranties—such as merchantability—often overlap with strict liability in Pennsylvania. He emphasized the importance of understanding local nuances, as warranty law and admissibility rules vary widely across states. Looking Ahead: The Growing Importance of Warnings In his closing remarks, Salvati stressed that warnings should never be treated as an afterthought in product liability defense. He observed that warnings‑only claims are becoming more common and urged manufacturers and insurers to continually evaluate the clarity and completeness of their instructions and warnings. His takeaway: “We should always be talking about what are the instructions that come with our products…to bolster a misuse defense.” Listen to the complete webinar here: https://www3.ambest.com/conferences/events/eventregister.aspx?event_id=WEB1074.

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial