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Marshall Dennehey Announces 2025 Shareholder Class And Special Counsel Promotions

December 13, 2024

Marshall Dennehey is pleased to announce that 10 attorneys have been elected shareholders of the firm effective Jan. 1, 2025. Additionally, two attorneys have been promoted from associate to special counsel. These new shareholders and special counsel represent the firm's four core departments – Casualty, Professional Liability, Health Care and Workers' Compensation – and come from eight of the firm's 19 offices. 

“Marshall Dennehey is proud to celebrate this accomplished group of newly elected shareholders,” said firm President & CEO, G. Mark Thompson. “Their talent, dedication, and hard work have been instrumental to the success of our clients and the firm. We are particularly proud that 40 percent of this class are either women or minority attorneys, reflecting our commitment to diversity and inclusion. We congratulate them on this milestone and eagerly anticipate their continued contributions to our growth and success.”

Promoted to Shareholder

LONG ISLAND, NEW YORK (MELVILLE)
James M. Boyce, Casualty Department (former Special Counsel)
James focuses his practice on New York construction and Labor Law matters, construction defect litigation and general liability matters. His clients include design professionals, owners, contractors and subcontractors when facing construction defect and delay claims, personal injury claims, fee disputes and New York State Labor Law matters. A member of the American Council of Engineering Companies, he is a graduate of the State University of New York at Albany and Hofstra University School of Law. James is admitted to practice in New York. 

Matthew A. Gray, Casualty Department (former Associate)
Matthew primarily defends insurance carriers in disputes involving New York Personal Injury Protection (PIP) claims. A member of the firm’s Fraud/Special Investigation Practice Group, he is experienced in defending clients against intentional/staged losses and medical provider fraud. He has extensive motion practice experience and with alongside his fellow colleagues to obtain favorable decision for each of his clients, whether through litigation or arbitration. Matthew holds a B.A. and M.A. from St. John’s University and earned his J.D. from the Touro University Jacob D. Fuchsberg Law Center. He is admitted to practice in New York.


MOUNT LAUREL, NEW JERSEY
Mari I. Gangadean, Professional Liability Department (former Special Counsel)
Mari is a member of the firm’s Employment Law Practice Group where she defends employers in employment-related claims involving allegations of discrimination based upon age, gender, race, sexual orientation and disability, as well as retaliation and "whistle blowing" in both federal and state courts. She additionally is experienced in insurance coverage and bad faith litigation as well as defending automobile negligence and uninsured/underinsured motorist claims. Mari is a graduate of Mount Holyoke College and Temple University School of Law. She is admitted to practice in New Jersey and Pennsylvania.

Kiara Hartwell, Workers’ Compensation Department (former Associate)
Kiara devotes her practice to workers' compensation litigation on behalf of employers, insurance carriers and self-insureds. She is a member of the New Jersey State Bar Association's Workers' Compensation Executive Committee, a group charged with studying and developing beneficial changes in the administration and procedures pertaining to workers' compensation. Kiara authors the New Jersey updates for Marshall Dennehey’s monthly workers’ compensation newsletter and frequently writes for external publication. Admitted to practice in New Jersey and Pennsylvania, she is a graduate of New York University and Rutgers University School of Law. 

Jonathan C. Magpantay, CPCU, Casualty Department (former Associate)
As a member of the firm’s Fraud and Special Investigation Unit (SIU) Practice Group, Jonathan focuses on large loss and medical provider fraud, including the filing of affirmative litigation recovery and RICO actions across the country. A Chartered Property and Casualty Underwriter (CPCU), he also handles insurance coverage disputes, bad faith litigation and general defense litigation. He has broad experience in New Jersey Personal Injury Protection (PIP) litigation and appears regularly before the courts and administrative bodies. Jonathan is a member of the Asian Pacific American Lawyers Association of New Jersey (APALA-NJ) and the National Filipino American Lawyers Association (NFALA). A graduate of the University of Pittsburgh and Rutgers University School of Law, he is admitted to practice in New Jersey, the District of Columbia, and Michigan. 


Michael J. Sweeney, CPCU, Casualty Department (former Associate)
As a member of the firm’s Fraud and Special Investigation Unit (SIU) Practice Group, Michael investigates and defends large loss and medical provider fraud matters. He has  litigated and filed affirmative litigation recovery and RICO actions in many states, recovering tens of millions of dollars in restitution and recovery on behalf of the insurance industry. A Chartered Property and Casualty Underwriter (CPCU), Michael has extensive experience handling insurance coverage disputes, SIU investigations, bad faith allegations, and general defense litigation. He is a graduate of the University of Delaware and Villanova University School of Law, and is admitted to practice in New Jersey. 

KING OF PRUSSIA, PENNSYLVANIA
Gabor Ovari, Health Care Department (former Associate)
Gabor focuses his practice on the defense of hospitals, health care systems and medical providers in medical malpractice and health care liability matters. He has second-chaired multiple jury trials and is experienced in all aspects of litigation. Gabor is a member of the Pennsylvania and Montgomery County Bar Associations. He is a graduate of Temple University and Widener University School of Law, and is admitted to practice in Pennsylvania and New Jersey.  

JACKSONVILLE, FLORIDA
Sean J. Reeves, Casualty Department (former Associate)
Sean litigates a wide range of general liability matters representing insureds, self-insureds, and corporations in cases involving motor vehicle negligence, catastrophic product liability matters, personal injury, premises liability, wrongful death and warranty defense. Sean also has experience representing clients in the food and beverage industry in matters involving food allergies, foreign objects, foodborne illness and contamination cases. Sean is a graduate of the University of West Florida; Saint Leo University (MBA); and the University of Florida Levin College of Law. He is admitted to practice in Florida.

PHILADELPHIA, PENNSYLVANIA
Taniesha K. Salmons, Casualty Department (former Associate)
Taniesha concentrates her practice on premises and product liability litigation. On the premises side, her clients include national and regional grocery retailers, condominium and homeowners’ associations, business owners and private property owners. On the product side, she defends manufacturers and distributors of tools, automatic doors, machinery and other heavy industrial equipment. Taniesha additionally assists in the defense of fire loss and complex product liability cases involving catastrophic losses. A certified arbitrator in Philadelphia, Taniesha is admitted to practice in Pennsylvania, New Jersey and Florida. She is a two-time graduate of the University of Miami, where she earned both her Bachelor’s and Juris Doctor degrees.


PITTSBURGH, PENNSYLVANIA
Michael D. Winsko, Casualty Department (former Associate) 
Michael defends corporations, individuals, and local governments in complex civil litigation matters. In this capacity, he has successfully handled numerous high-exposure premises liability, liquor liability, product liability, and catastrophic injury/wrongful death actions throughout the state and federal courts of Pennsylvania. Michael additionally defends clients against design and construction defect claims, trucking/automobile accidents, fall down incidents and negligent security claims. A graduate of Duquesne University and Duquesne University School of Law, he is admitted to practice in Pennsylvania. 

Associates Promoted to Special Counsel

ORLANDO, FLORIDA
Frank L. Madia, Casualty Department
Frank handles matters involving premises and retail liability, personal injury, product liability, negligent security and automobile liability. As former staff counsel with a national insurance company, he also has substantial experience in insurance coverage matters, business litigation, and real estate transactions. Frank is a 30-year veteran of the New York Air National Guard, where he served as a Staff Judge Advocate before retiring as a Lieutenant Colonel in 2017. He is a graduate of the University at Buffalo, the United States Air Force Judge Advocate Training School, and the Touro University Jacob D. Fuchsberg Law Center. Frank also served 18 years as a local municipal judge in the upstate New York township where he previously resided. He is admitted to practice in Florida and New York. 


HARRISBURG, PENNSYLVANIA
Christopher W. Woodward, Professional Liability Department
Christopher focuses his practice on insurance coverage and bad faith litigation. An experienced litigator and former claims examiner, he has a deep understanding of insurance policy and coverage issues arising from commercial, personal, and specialty property and casualty policies, professional liability policies, health/life policies and workers’ compensation policies. He is a graduate of Pennsylvania State University and Widener University School of Law. 

Firm Highlights

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

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empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Thought Leadership

Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

On July 23, 2026, the Ohio Supreme Court issued a rare opinion on the binding effect of an appraisal award in a property insurance policy.  The Court in One Church held: A binding appraisal award will not be set aside unless an error is so palpably wrong that it undermines the intent of the agreement, such as corruption or gross mistake, not a mere error of judgment—To plead a claim of mistake with particularity as required by Civ.R. 9(B), facts alleged in a complaint must constitute the elements of mistake—Allegation that additional, hidden damage was discovered after appraisal award failed to state a claim of mistake that could justify setting aside binding appraisal.  The case arose out of a claim brought by One Church against its insurer, Brotherhood Mutual Insurance Company for roof damage from a storm. Pursuant to the terms of the insurance policy, the parties agreed to submit the matter to appraisal. The two appraisers inspected the building, and both appraisers agreed that the damages were $313,271.98. The insurer paid the agreed appraised amount.  Thereafter, the insured submitted a claim for an additional $206,663.09 in damages. The insured argued that these additional damages were not discovered until after the repairs began, and that they should be permitted to submit an additional claim, even though there had already been a binding appraisal of damages. The insurer refused to pay the additional damages, and the insured sued for breach of contract and bad faith.  In the trial court, the insurer moved to dismiss for failure to state a claim, arguing that the binding appraisal award barred any further claims. The insured took the position that additional hidden damages could not be discovered until after the repairs began, and therefore there was a mutual mistake. The trial court dismissed the case on the insurer’s motion, because there was no “evidence of fraud, misfeasance, or mistake”. The Court of Appeals agreed that appraisal awards are generally binding, but noted that an appraisal award can be set aside for fraud or manifest mistake. The Court of Appeals reversed and remanded the case to the trial court, finding that the insured had pled mistake with sufficient particularity. The insurer appealed to the Ohio Supreme Court. On appeal, the Ohio Supreme Court reversed the Court of Appeals, and reinstated the trial court decision dismissing the case for failure to state a claim upon which relief can be granted. The Supreme Court found that since the insured had already demanded appraisal, and the appraisal award was binding, “something more than error of judgement, such as corruption in the arbitrator, or gross mistake” must be pled with particularity, and proven for the insured to override the appraisal award. Since the complaint did not allege fraud or manifest mistake with sufficient particularity, something more than a mere error of judgment, the complaint was insufficient to state a claim.  The complaint in this case did not challenge the appraisal award. It pled that additional damages were discovered that were not apparent when the appraisal was done. It did not specify “who discovered the damages, how they were discovered, where they were found, why they were previously hidden, or why they rise to the level of a manifest mistake that the “appraiser would have corrected...had it been called to his attention”. Id at ¶22 citing Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970). Cases deciding the effect of appraisal awards are unusual. The Ohio Supreme Court’s decision in One Church relies primarily on 19th century case law for its conclusion. This emphasizes the fact that there is minimal case law deciding the effect of binding appraisal clauses in property insurance policies, and makes this case all the more significant. A lengthy dissent was written by Justice Fisher, who would have affirmed the Court of Appeals decision reversing and remanding the case for a decision on the merits. Of course, the decision works both ways, and an insurer dissatisfied with a binding appraisal award will likewise be without further recourse absent evidence of corruption, fraud, misfeasance, or manifest mistake, which must be pled with particularity. To constitute manifest mistake, “the mistake must be of such character that the arbitrator or appraiser would have corrected it had it been called to his attention.”  Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970).  The majority opinion does not specifically identify what would have been sufficient to plead mistake with particularity, or if the insured could have amended the complaint to overcome the deficiencies. The dissent argues that this was not really a case alleging mistake, but rather a question of contract interpretation. The insured did not challenge the appraisal, but argued that the hidden damage was not part of the appraisal, and the appraisal only covered the known damages.  However, this argument did not carry the day with the majority. 

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.

Thought Leadership

The Best Defense is Already in the File: Documentation in Civil Rights Litigation

Thought Leadership

New Jersey Appellate Division Affirms Exclusion of Legal Malpractice Expert as Impermissible Net Opinion

Jack Slimm and Jeremy Zacharias obtained a favorable decision on behalf of their client in a case centering on the admissibility of expert testimony in legal malpractice actions. In Martin v. Loury, the New Jersey Appellate Division affirmed the exclusion of a plaintiff's legal malpractice expert, holding that the expert's opinions on causation and damages were too speculative to support the malpractice claim. The legal malpractice action arose from an underlying employment dispute involving claims for damages stemming from the breach of an employment agreement. The plaintiff alleged that defense counsel committed malpractice during a second trial by failing to recall the plaintiff as a rebuttal witness after the employer's CEO testified. According to the plaintiff's expert, additional rebuttal testimony would have bolstered the plaintiff's damages claims and led to a more favorable result. Both the trial court and the Appellate Division rejected that theory. The courts found that the expert could not explain how the proposed rebuttal testimony would have altered the outcome of the underlying case or resulted in any additional recoverable damages. Notably, the trial judge in the underlying employment matter had already rejected the CEO's testimony as not credible and had accepted the damages analysis advanced by the plaintiff. The court had also determined that the amount of damages was not genuinely disputed. As a result, the expert's opinion that additional rebuttal testimony would have produced a better outcome was unsupported by the record and based on speculation rather than evidence. The Appellate Division agreed that neither the plaintiff nor the expert could identify any actual damages attributable to the alleged malpractice or demonstrate the required element of proximate causation. The court further upheld the trial court's application of New Jersey's net opinion doctrine, finding that the expert failed to provide the necessary "why and wherefore" supporting his conclusion that the attorney's conduct caused a compensable loss. Because the opinions rested on unquantified possibilities rather than demonstrable facts, they were inadmissible. Key Takeaway for Legal Malpractice Defendants For attorneys and firms defending legal malpractice claims, Martin v. Loury underscores the importance of closely scrutinizing an opponent's expert report on the critical elements of proximate causation and damages. The decision demonstrates that a malpractice claim cannot survive where an expert merely speculates that different litigation tactics might have produced a better result. Instead, the plaintiff must present admissible expert testimony grounded in the record that explains how the alleged attorney error probably changed the outcome of the underlying matter and resulted in measurable damages.

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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.