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Michele P. Frisbie

Portrait of Michele P. Frisbie

Michele defends a wide variety of cases and has a special interest in working closely with professionals to achieve the successful, cost-effective defense of suits against specialists such as those involved in the sale, appraisal and management of real estate; insurers and insurance brokers and agents; attorneys; mental health service providers and municipal entities. Michele also has extensive experience involving personal injury such as premises liability, dog bites, automobile accidents, dram shop and hotel, restaurant and store security.

Michele has direct experience as a past board member of the Bucks County Bar Association Board of Directors and its Mandatory Continuing Education and Member Services Committee and the Central Bucks Family YMCA and its Building and Grounds and Financial Development Committees.

In 1992, she joined Marshall Dennehey as a file clerk. Michele graduated cum laude from St. Joseph's University in 1993. She attended Villanova University School of Law in 1993 and served as a law clerk until her graduation in 1996, when she joined Marshall Dennehey as an attorney. During her free time, Michele is an ACE certified group fitness instructor and a personal trainer.

    • Villanova University Charles Widger School of Law (J.D., 1996)
    • Saint Joseph's University (B.A., cum laude, 1993)
    • Pennsylvania, 1996
    • Pennsylvania Super Lawyers Rising Star (2005-2006)
    • Bucks County Bar Association, Chair of Mandatory Continuing Legal Education Committee (2009-2012)
    • Bucks County Bar Association, Board of Directors (2002-2004)
    • Bucks County Bar Association, Chair Member Services Committee (2004-2007)
    • Pennsylvania Bar Association
    • "Personal Injury Exculpatory Clauses," Stafford Webinars, April 28, 2021
    • Board of Directors, Central Bucks Family YMCA
    • Obtained a dismissal with prejudice in a Magisterial District Court matter involving breach of duty allegations against members of a homeowners’ association board. The pro se plaintiff claimed the board officers violated the Pennsylvania Uniform Planned Community Act by failing to properly notice and conduct meetings, perform annual audits, and manage community funds. We successfully argued that the plaintiff’s claims were derivative in nature and therefore outside the jurisdiction of the Magisterial District Judge. “The Judge took no testimony or evidence,” and the matter was dismissed.
    • Obtained a summary judgment in favor of a HOA, with the court holding that the HOA had no duty to protect the plaintiffs from the attacks of a neighbors’ dangerous dog. On two occasions, the plaintiffs were attacked by their neighbors' dogs, causing serious injuries and permanent scarring. The plaintiffs alleged that the HOA had a duty to protect them from the co-defendants' dogs. The court granted summary judgment for the HOA, holding that under McMahon v. Pleasant Valley West Association, 952 A.2d 731 (Pa. Commw. 2008), an HOA has a “duty to the members of the common-interest community to use ordinary care and prudence in managing the property of the community that is subject to its control." However, that duty does not extend to removing an allegedly dangerous dog as the HOA has neither the obligation nor the ability to remove dogs from the community.
    • Won an arbitration in a premises liability case where the plaintiff claimed she slipped and fell on a container of clear hand sanitizer spilled on the floor of the baking goods aisle of a grocery store. The plaintiff acknowledged she was not looking where she was going. There was no evidence of how the substance got on the floor, how long it had been there, or that the store was aware of it. 
    • Obtained a dismissal with prejudice of a products liability case filed against an alcohol beverage manufacturer. The Plaintiffs are individuals who were seriously injured or killed when the alleged minor drunk driver of the vehicle in which they were passengers was involved in a single car accident. The Plaintiffs claimed that the manufacturer was liable to them because the product had more alcohol than other alcohol beverages, was improperly marketed to minors, like their driver, and did not warn of the dangers associated with the beverage. Our team argued several points including that Pennsylvania does not recognize such a products liability cause of action because the dangers of drinking alcohol and driving are obvious, and the manufacturer has no duty to warn potential users of such dangers.  Additionally, alcohol is not an unreasonably dangerous product.
    • Obtained a transfer and dismissal with prejudice on a motion to dismiss in a legal malpractice action. We argued that the plaintiff’s claim that the negligence of her daughter’s court-appointed guardian ad litem led to the award of custody of the child to the father following a dependency hearing. The custody award, the plaintiff alleged, put her at a disadvantage in the divorce and damaged her and the child. First, Michele successfully argued for the transfer of the matter from the county of the mother’s residence to the county of the dependency hearing. She then successfully argued that the plaintiff had no right to bring a cause of action for herself or the child.
    • Defense verdict for a real estate seller's agent in a claim of misrepresentation of the condition of the property.
    • Defense verdict in a coverage claim arising out of wind damage to a mobile home.
    • Motion to dismiss granted in a case claiming appraisers conspired with the builder of a residential development to conceal the presence of a Superfund site adjacent to the development.
    • Motion to dismiss granted in a case against attorneys who allegedly failed to timely file a legal malpractice cause of action arising from an underlying toxic tort claim.
    • Secured the voluntary withdrawal of a case against a local sewer authority which allegedly improperly removed trees from the easement that ran over the plaintiff's property.
    • Secured the dismissal of a claim that an insurance broker allegedly failed to secure a binder for a homeowners' policy which resulted in no coverage after a fire.
    • Secured the dismissal of a mental health institution in a case where the plaintiff, a convicted murderer, claimed that if the institution had not negligently treated him for his drug and alcohol addictions, he would not have committed the crime.

Firm Highlights

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.

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.