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King of Prussia

The King of Prussia, Pennsylvania, office of Marshall Dennehey is one of the firm's largest branch offices and one of the largest law offices in Montgomery County. In deciding to establish this office, the firm recognized the importance of a local presence, as opposed to simply being a Philadelphia firm which does work in the surrounding counties and states.

The King of Prussia office services Berks, Bucks, Carbon, Chester, Delaware, Lehigh, Monroe, Montgomery, Northampton and Schuylkill counties. Our more senior litigators in this office have a wealth of experience in handling significant cases spanning the full spectrum of property, casualty, professional liability and workers' compensation litigation. Our attorneys seek to provide the highest quality, yet cost-effective, defense litigation. We are extremely sensitive towards the clients' ultimate goals, whether it be early resolution through settlement or taking matters through to verdict. 

Thought Leadership

What's Hot in Workers' Comp

Legislation Proposed to Reduce the Cost of Prescription Topical Drugs

June 11, 2026

In March, Pennsylvania Senate Bill 1215 was introduced in an effort to address the high cost of prescription topical drugs. According to the bill’s sponsor, the issue is excessive reimbursement rates for topical drugs that are essentially alternate versions of readily available, less expensive over the counter drugs. A study performed by The Workers’ Compensation Research Institute (WCRI), shows that Pennsylvania has the highest share of prescription reimbursements and the highest average quarterly payments for topical drugs.  The proposed bill would provide for payment for each ingredient separately, instead of reimbursing a single inflated price, deny payment if an ingredient lacks a valid National Drug Code, limit total reimbursement to $400 per 30 day supply no matter what ingredients are used, ban reimbursement for compound drugs that duplicate existing commercial drugs, and add a flat $20 compounding fee for pharmacies or physicians who prepare the medication. The goal? To eliminate inflated billing practices and reduce costs for employers and insurers.  Currently, the bill is in committee. We will monitor the proposed legislation as it advances and provide updates as to any significant developments that may occur. 

Legal Updates for Real Estate E&O Liability

Limiting Agent Liability in Pennsylvania: Knowledge, Reliance, and the E&O Landscape

May 7, 2026

Errors & Omissions (E&O) claims against real estate professionals in Pennsylvania frequently arise from allegations of nondisclosure or misrepresentation. However, Pennsylvania law provides meaningful guardrails for defense counsel, particularly where plaintiffs attempt to impose duties on agents that exceed statutory and common law obligations. A key principle, often dispositive at summary judgment, is that a seller’s agent does not owe an independent duty to investigate or discover latent defects. Under Pennsylvania law, a real estate agent representing a seller is not required to inspect the property for defects or to disclose conditions of which the agent has no knowledge. This principle aligns with the statutory framework governing licensee conduct, including the Real Estate Licensing and Registration Act (RELRA), which imposes duties of honesty and good faith, but does not create an affirmative obligation to uncover unknown defects. As a result, liability exposure in E&O claims often turns on whether the agent had actual knowledge of the alleged defect and whether the buyer’s reliance was justifiable. The Gordon v. McManus decision illustrates these principles in practice and remains a useful tool for defense practitioners. No. 972 EDA 2013, 2014 WL 10917627, at 3 (Pa. Super. Ct. June 30, 2014). In Gordon, the plaintiffs asserted claims for fraudulent misrepresentation and fraudulent inducement against real estate agents, alleging that the agents were aware of a recurring water infiltration issue and failed to disclose it. The plaintiffs further contended that the agents negligently misrepresented the condition of the property when questioned directly about potential water issues. The factual record, however, undermined these claims. The defendant agents maintained that they had no knowledge of any water infiltration problem. Critically, the plaintiffs had been informed by a neighbor that the basement had flooded on multiple occasions prior to closing. They also conducted their own inspection of the property and observed conditions – including the presence of a sump pump – that could reasonably signal potential water concerns. Despite these indicators, the plaintiffs did not pursue additional investigation or specialized inspection. The Superior Court affirmed summary judgment in favor of the agents, emphasizing two key points that frequently arise in E&O defense. First, the absence of actual knowledge was fatal to the plaintiffs’ fraud claims. Without evidence that the agents knew of the defect, there could be no intentional misrepresentation or concealment. Second, and equally important, the court found that the plaintiffs’ reliance was not justifiable. Having been placed on notice of potential water issues, the plaintiffs failed to exercise reasonable diligence in investigating the condition. Pennsylvania courts have consistently held that where a buyer is aware of facts that would prompt further inquiry, reliance on generalized or informal assurances is insufficient to sustain a fraud claim. The Gordon court also disposed of the plaintiffs’ claim under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, reinforcing that such statutory claims cannot survive where the underlying fraud theory fails. For defense counsel, this linkage provides an additional pathway to narrow or eliminate exposure early in litigation. From an E&O perspective, Gordon highlights several recurring themes. Plaintiffs frequently attempt to recast nondisclosure claims as affirmative misrepresentation, particularly where there are informal communications between agents and buyers. Yet, absent proof of knowledge, these claims often collapse under scrutiny. Moreover, the decision underscores the importance of the buyer’s own conduct. Evidence that a buyer received notice of a potential defect, whether through third parties, inspection findings, or observable conditions, can significantly weaken claims of justifiable reliance. Practically, this framework offers clear guidance for both litigators and real estate professionals. For defense attorneys, early case assessment should focus on developing the evidentiary record regarding the agent’s knowledge and the buyer’s pre-closing awareness. For agents and brokers, risk mitigation remains centered on disciplined communication practices and encouraging independent inspections without offering definitive assurances about property conditions. Ultimately, while E&O claims in Pennsylvania continue to test the boundaries of agent liability, decisions like Gordon reaffirm a consistent judicial approach: liability cannot be imposed where knowledge is absent and reliance is unreasonable. In an environment where plaintiffs increasingly rely on hindsight to construct claims, these principles remain a critical line of defense.

Results

Events

Firm Highlights

Thought Leadership

PA Middle District Dismisses Claims Against School District and its Superintendent, Principal, Special Education Director, and Classroom Teacher

A five-year-old special education student was enrolled in the Wyoming Valley West School District and attended the State Street Elementary School during the 2024-2025 school year. The student refused to clean up classroom toys at dismissal. When his teacher allegedly grabbed him by the wrist to walk him back to his seat, the student dropped to the floor and began crying. The teacher then allegedly grabbed the student by the ankle and dragged him across the floor. Following an investigation, criminal charges were not advanced by the county DA, and the school permitted the teacher to return to the classroom. The student’s parents sued, lodging thirteen legal counts under both state and federal law, which sought monetary damages from the teacher, the school district, the superintendent, the principal, and the director of special education. The plaintiff’s 42 USC 1983 claims were dismissed as to the school district for failure to allege a policy or custom violation, and the failure to alleged deliberate indifference in the failure-to-train context. As to the superintendent, building principal, and special education director, the Section 1983 claims were also dismissed for failure to allege personal involvement on the part of the individuals. Regarding an equal protection claim asserted against all defendants, the motion to dismiss was also granted for a failure to advance a plausible equal protection claim, holding that “plaintiffs' single-act allegations do not include a factual basis to even infer that the act was motivated by discriminatory animus rather than some other non-discriminatory impulse.” The court further dismissed the plaintiff’s negligence-based claims including negligence against the teacher and district administrators, NIED, and vicarious liability under the Political Subdivision Tort Claims Act (PSTCA). The federal claims under the IDEA, Section 504, and the ADA were also dismissed in various respects. The IDEA claim was dismissed against all defendants with prejudice for failure to exhaust administrative remedies. The Section 504 claims against the individual defendants were also dismissed with prejudice, as districts, not individuals, are the recipients of federal funds under Section 504. However, the Section 504 and ADA claims were dismissed without prejudice as to defendant Wyoming Valley West, and the plaintiff was permitted leave to amend.

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.