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Kevin J. Connors

Portrait of Kevin J. Connors

As a member of the casualty department, Kevin handles catastrophic injury and damages claims involving product liability, construction defect, motor vehicle, fire and property claims, liquor liability, premises liability and toxic tort litigation. In addition to his extensive experience in casualty insurance defense litigation, Kevin has defended numerous defamation, commercial libel and professional malpractice cases.

Kevin also dedicates part of his practice to defending of municipal liability cases under 42 U.S.C. § 1983. He frequently represents police officers, police departments and municipalities in police liability claims, including claims for false arrest, malicious prosecution, excessive force, as well as non-police employees in claims based upon their work on behalf of the municipality. Kevin defends municipalities and government agencies against premises liability, automobile accident, property damage and related tort claims arising under state law. 

Additionally, Kevin has significant experience handling employment discrimination and wrongful discharge cases under federal and state law. He routinely appears before the Delaware Human Relations Commission, the Delaware Department of Labor and in the Delaware Court of Chancery in matters of equity. 

Kevin is the former longtime managing attorney of the firm's Wilmington, Delaware office. Prior to joining Marshall Dennehey in 1993, Kevin was a partner with the firm of Liebert, Short and Hirshland in Philadelphia, Pennsylvania, where he practiced law for 11 years. After graduating from law school, Kevin served as a law clerk to former Associate Justice John J. McNeilly of the Delaware Supreme Court, Delaware's highest appellate court.

    • Villanova University Charles Widger School of Law (J.D., 1981)
    • Temple Law School Academy of Advocacy (1992)
      • Fellow
    • Rotary International Graduate Fellow, University of Vienna, Austria
      • 1977-1978
    • University of Virginia (B.A., with high distinction, 1977)
    • Delaware, 1982
    • Pennsylvania, 1982
    • U.S. District Court for the District of Delaware, 1982
    • U.S. District Court Eastern District of Pennsylvania, 1982
    • U.S. Court of Appeals 3rd Circuit, 1983
    • Defense Counsel of Delaware
    • Defense Research Institute
    • Delaware Bar Association
    • Delaware Claims Association
    • Trial Attorneys of America
    • Taught seminars: strict liability, motor vehicle, and Pennsylvania and Delaware insurance law (1990-2007)
    • "The Admissibility of Vehicle Photographs and the Correlation of Minimal Damages with Minimal Injuries," Defense Digest, Vol. 9, No. 4, December, 2003
    • "Note, Commonwealth v. Bussey," 26 Villanova Law Review 205, 1981
    • Successfully represented publisher of magazine in commercial trade libel case. Major insurer of podiatrists sued rival insurance company and publisher for advertisement claiming plaintiff would be unable to meet coverage obligations in the future. Plaintiff's claims were predicated upon interference with contracts and violation of the federal Lanham Act. Following a week-long trial, jury determined publisher was not liable under any theory. Defense verdict was upheld on appeal to Third Circuit Court of Appeals.
    • Jury verdict for defense in product liability action alleging manufacturing defect in electric timer caused significant property damage. Plaintiffs sought to support claim of product defect with fire cause and origin experts. Defense successfully presented independent electrical engineers and in-house experts who proved fire was caused by device not associated with the timer.
    • Summary judgment and affirmance on appeal by Delaware Supreme Court in wrongful death case wherein decedent's representative sought to bring a direct cause of action against plaintiff's employer. Delaware Supreme Court, in affirming matter, clarified permissible basis for bringing and supporting a direct cause of action against a plaintiff's employer. This case is often cited by defense counsel in matters involving the workers' compensation exclusivity bar.
    • Summary judgment entered in favor of defendant. Represented tenant store in large outlet shopping mall from which an allegedly false alarm was emitted. A police officer, attempting to respond to alarm, struck a motor vehicle, flipping it over several times. One child was killed, and there were other significant injuries to other vehicle occupants. The basis for Motion for Summary Judgment was absence of a duty of care under the factual circumstances of the case as a matter of law. Decision upheld by the Delaware Supreme Court.
    • Represented excavator in case wherein a gas explosion occurred and most of a city block was leveled with serious injuries to certain individuals, lesser injuries to others and questionable injuries to multiple other parties. Basis for the litigation was failure to properly mark underground utilities prior to excavation. Key issue was employment status of a particular individual. During trial, the matter successfully settled.
    • Jury returned verdict for defense in product liability case against power tool manufacturer. Trial featured testimony by engineering experts concerning an on/off switch on a power saw. First trial resulted in hung jury. Second trial resulted in non-suit in favor of defense. Defense demonstrated that plaintiff's expert had mixed up critical pieces of power saw, establishing that the factual basis for his opinions were invalid.
    • Jury verdict in favor of defendant escalator manufacturer in product liability action alleging design defect in end plate/comb plate configuration, causing plaintiff to have toes amputated. Plaintiff's expert opined that comb plate was defective in not being designed to break off in a wedge-in contact. The defense successfully demonstrated that plaintiff misused escalator and illustrated safety features of comb plate/end plate and escalator in general.
    • Summary judgment obtained in claim by prisoner that corporate health care provider in the state's prison system was deliberately indifferent in violation of 1983 civil rights and medically negligent in failing to afford plaintiff treatment for an allegedly serious medical condition. Plaintiff claimed he suffered from number of distinct medical conditions and had exhausted all administrative remedies prior to filing suit. Summary judgment was awarded on the grounds that plaintiff received proper medical care and failed to exhaust all administrative remedies.
    • Third Circuit Court of Appeals upheld Motion to Dismiss in favor of councilpersons against whom a political candidate filed a 1983 civil rights claim alleging violations of his civil rights by making defamatory remarks against him in retaliation for exercising his first amendment rights to free speech and petition. Plaintiff sought restrictions for election signs during political campaigns and spoke to defendant councilpersons opposed to proposed legislative restrictions. Plaintiff's complaint alleged that a newspaper reported that defendant councilpersons said plaintiff had made threatening remarks to them, which caused plaintiff to suffer damages and injury to his reputation. Defendants asserted plaintiff failed to demonstrate it was clearly established that an individual had a constitutional right not to be subjected to defamatory remarks in retaliation for engaging in constitutionally protected first amendment activity. The Court engaged in extended discussion of client councilpersons' defense of qualified immunity and granted their Motion to Dismiss on theory of qualified immunity.

Firm Highlights

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.

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.

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

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.