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Patrick M. DeLong

Co-Chair, Rideshare Litigation Practice

Portrait of Patrick M. DeLong

As a member of the Casualty Department, Patrick represents clients and their insurers in high exposure automobile negligence, uninsured motorist, premises liability, commercial general liability and construction site accident cases involving allegations of wrongful death and catastrophic injuries in both Florida and federal courts.

Patrick focuses a portion of his practice on a recently emerging area of law–the defense of rideshare liability cases. In this capacity, he develops strategies for successfully defending rideshare drivers and their insurers in complex, catastrophic rideshare negligence and uninsured motorist cases throughout the State of Florida.

Additionally, Patrick represents clients in complex construction defect, and building design related claims and suits. He routinely represents and defends real estate developers, general contractors, subcontractors, licensed construction industry professionals, as well as municipalities, in all manner of construction related actions.

Since joining the firm in 2013, Patrick has defended creditors and debt servicers in creditors’ rights, TCPA, FDCPA and FCCPA actions.

In 1990, Patrick earned his Bachelor of Arts degree with Honors from the University of Notre Dame, and remained at the University of Notre Dame for law school where he received is juris doctor in 1993. Patrick is a member of the Bar of the state of Florida. He is admitted to practice before all Florida state circuit and federal district courts, the U.S. Bankruptcy Court for the Southern and Middle District of Florida, as well as the Eleventh Circuit Court of Appeals

    • Notre Dame Law School (J.D., 1993)
    • University of Notre Dame (B.A., cum laude, 1990)
    • Florida, 1993
    • U.S. District Court Middle District of Florida, 1994
    • U.S. District Court Northern District of Florida, 2000
    • U.S. District Court Southern District of Florida, 2000
    • U.S. Court of Appeals 11th Circuit, 2010
    • The Best Lawyers in America©, Personal Injury Litigation - Defendants (2027)
    • ACA International (The Association of Credit and Collection Professionals)
    • NCBA (The National Creditors Bar Association)
    • The Complexity of Rideshare Claims, AM Best Insurance Law Podcast, June 2021
    • Preserving Evidence and Avoiding Spoliation in Florida, Marshall Dennehey Florida Claims Symposium - The Best Defense is a Good Offense, Orlando, FL, September 17, 2014
    • Won summary judgment in favor of a national real estate developer in a class action case brought in federal court, on behalf of homeowners in a large planned community. Damages in excess of $5 million were sought against the developer, who was accused of fraud, deceptive and unfair trade practices, misleading advertising, unjust enrichment, and negligence. After the summary judgment was affirmed on appeal, four related class action cases and one mass tort case were pending against the real estate developer in state court. Here, the combined alleged damages were in excess of $40 million, but were again favorably resolved.
    • Secured summary judgment in favor of a municipality in a Fair Housing Act case brought by a real estate developer who accused the municipality, its mayor, vice mayor and commissioners of racial discrimination after the commission voted against its proposed development.
    • Secured the dismissal of an FDCPA class action on behalf of a law firm whose practice focused upon mortgage foreclosures.

Thought Leadership

Defense Digest

On the Pulse…Our Rideshare Liability Practice Group

March 1, 2023

Meeting the Needs of the Rideshare Revolution In a relatively short timespan, rideshare platforms—like Uber and Lyft—and carshare platforms—like Turo—have transformed the global transportation industry. With the push of a few buttons, users can instantly hail a ride or rent a vehicle virtually anywhere in the world. Unquestionably, the advent of these technology service companies has made travel more convenient and efficient. But it has also spawned a multitude of new legal issues and claims. Legislators and judges have been striving to keep up with the technology, but every legislative or judicial action can create new and complex legal questions. Marshall Dennehey responded to the needs of the industry by forming its Rideshare Liability Practice Group—a dedicated team of experienced defense attorneys who have developed specialized knowledge of legal issues facing this revolutionary industry. Originally launched in 2021, the Rideshare Liability Practice Group is on the cutting edge of defending a wide variety of rideshare claims and peer-to-peer carshare claims. The practice group is comprised of numerous attorneys across the firm’s 19 offices—located in seven different states, including Pennsylvania, Florida, New Jersey, Ohio, New York, Connecticut, and Delaware—who have handled hundreds of claims in the field. The practice group is co-chaired by Thomas F. Brown (Orlando) and Patrick M. Delong (Fort Lauderdale), who cumulatively have over 50 years of insurance defense experience. The attorneys in this practice group have worked with multiple rideshare and carshare platforms. They appreciate the need for understanding the vocabulary of the industry as well as issues of confidentiality and brand protection. Using the wrong terminology could create exposure or liability where it would not otherwise exist. During the course of discovery, a company’s intellectual property and proprietary data might be requested. The attorneys in this group frequently oppose discovery requests that seek proprietary and trade-secret information, and they utilize confidentiality agreements and protective orders to shield confidential information from improper use and widespread disclosure. Appropriate provisions in settlement agreements are also used to protect sensitive information. The Rideshare Liability Practice Group also has extensive experience defending the insurers and users of these platforms, including drivers, vehicle owners, and vehicle renters. They have successfully defended claims involving catastrophic injuries, wrongful death, multiple-vehicle accidents, and multiple claimants. They have staved off aggressive and creative attempts by the plaintiff’s bar to expand liability through causes of action, including: Negligence Vicarious liability Negligent hiring or selection Negligent retention and supervision Product liability Negligent design of the ride-hailing application Negligent maintenance of a shared car Negligent entrustment Bad faith Uninsured and underinsured motorist Defending these cases requires the knowledge and an understanding of applicable federal and state laws and regulations. The laws and regulations of a particular state might govern the level of insurance coverage required during various aspects of the rideshare process. An independent rideshare driver might need his or her own insurance while the rideshare app is off. The rideshare platform might be required to provide a coverage when an independent rideshare driver is using the app, but a different amount of coverage might be required depending on whether the driver has accepted a ride or if the driver is actively transporting a rider. Formulating appropriate defenses to these claims also requires an understanding of the applicable law. For example, Florida trial courts have issued conflicting opinions regarding whether a transportation network application is a product subject to product liability laws or a service outside the scope of such laws. Since the Florida appellate courts have not yet weighed in with a controlling opinion on the issue, a rideshare defense practitioner must possess a cutting-edge awareness of developing discovery trends and legal arguments advanced by the plaintiff’s bar with respect to this issue and must prepare his or her client to successfully defend against them during the discovery and dispositive motion phases of litigation. Another example of evolving legal trends may be found in the carshare arena, where both state and federal law could insulate the vehicle owner from liability. The Graves Amendment is a federal law that bars vicarious liability claims where: The owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and There is no negligence or criminal wrongdoing on the part of the owner (or an affiliate of the owner). Several states have now enacted peer-to-peer carsharing statutes that expressly extend the Graves Amendment to carsharing situations. There are numerous complexities to defending a rideshare or carshare claim, and the attorneys in Marshall Dennehey’s Rideshare Liability Practice Group can be retained to assist at different stages throughout the life of a claim. Before a lawsuit is filed, our rideshare defense attorneys are often asked to assist with accident investigations, preservation of evidence, expert retention, legal research, global settlement conferences, and responding to time-limit demands. Marshall Dennehey’s lawyers have the experience and skill to take cases to trial and are also supported by an exceptional appellate group. In the Marshall Dennehey Rideshare Liability Practice Group, the aim is to always provide outstanding, efficient, and cost-conscious legal services to our clients. *Patrick DeLong is a shareholder in our Fort Lauderdale, Florida, office. He can be reached at 954.832.3953 or pmdelong@mdwcg.com. Tom Brown is a shareholder in our Orlando, Florida, office. He can be reached at 407.420.4392 or tfbrown@mdwcg.com.   Defense Digest, Vol. 29, No. 1, March 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. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Defending Ride-Hailing and Car-Sharing Claims

January 1, 2022

The sharing economy has grown exponentially in a short period of time. Rideshare platforms like Uber and Lyft, and car-sharing platforms like Turo, control a significant part of the sharing economy space. Along with this rapid growth came insurance programs for ridesharing and car-sharing platforms, as well as a surge of claims and lawsuits against them, their users, and their insurers.

Firm Highlights

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.

Thought Leadership

WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

In this case, the claimant sustained injuries in the course and scope of her employment as a registered nurse. The employer acknowledged the injury by a Notice of Compensation Payable (NCP).  Subsequently, a Workers’ Compensation Judge (WCJ) expanded the description of injury. The employer then filed a Termination Petition, alleging the claimant was fully recovered from the injuries. Providers filed Utilization Review (UR) Petitions, challenging UR determinations finding their chiropractic treatment to be not reasonable and necessary. A settlement of the claim was eventually reached, and the employer filed a Petition to Seek Approval of a Compromise and Release (C&R) Agreement. The C&R outlined that the agreement fully resolved all future workers’ compensation claims except for the termination and UR Petitions. Briefs were filed and one day later, the WCJ issued an Interlocutory Order which stated if instructions were not followed regarding filing of a C&R, a settlement hearing date would not be given. The employer complied with the order, and filed the C&R. Subsequently, the WCJ notified the parties that the C&R must resolve all issues in the petitions, or would not be entertained. A settlement hearing was never held, and the WCJ then issued a decision, granting the Termination Petition and dismissing the UR Petitions. The WCJ also said that the Petition for Approval of a C&R was dismissed without prejudice, as the issues in the Termination and UR Petitions went to a decision. The claimant appealed to the Workers’ Compensation Appeal Board (Board). The Board granted the claimant’s appeal, finding that the WCJ violated the requirement of Section 449 that an expedited hearing be held when a Petition for Approval of a C&R is filed.  The Board further held that it was legally incorrect for the WCJ to insist that the C&R resolve all issues raised by the pending Petitions. The Board remanded the case to a new WCJ, and Employer appealed to the Commonwealth Court. The court affirmed the Board and held that the WCJ erred, as a matter of law, by refusing to hold an expedited hearing within 30 days, once the Petition for Approval of a C&R was filed.  The court noted that the language of Section 449(b) is mandatory, and a settlement hearing is not discretionary or dependent on a party’s separate request for a stay, or whether the record has been closed. The court further rejected Employer’s argument that the case should not be remanded to a new WCJ for a new decision on the termination and and UR Petitions, as the Board passed no judgment on whether the C&R Agreement resolved the termination and UR Petitions, and left it for the WCJ to decide in connection with the Petition for Approval of a C&R.

Thought Leadership

Appellate Division Reversed Trial Judge's Orders Granting a Plaintiff's Section 40 Summary Judgement Motion

In Haskins v. Casey, et al., the plaintiff Dane Haskins worked for defendant Ekornes, Inc. (Ekornes) as a material handler. In June 2021, he filed a workers’ compensation claim petition for benefits due to a left shoulder injury in December 2020. He then resolved his workers’ compensation claim in November 2022 under an Order Approving Settlement. In January 2023, he filed a lawsuit against Ekornes and later amended to add additional claims and name other defendants, including the Ekornes president, chief financial officer, and director of human resources. In May 2025, a second amended complaint alleged that after he filed the workers compensation claim, Ekornes placed him on leave under the Family and Medical Leave Act (FMLA), denied his request for a work accommodation, and ultimately terminated him from employment in December 2021. He pleaded several causes of action asserting violations of the New Jersey Law Against Discrimination (LAD) as well as fraudulent concealment and wrongful discharge. The plaintiff then moved for partial summary judgment, seeking an order enforcing Section 40 of the Workers’ Compensation Act (WCA) as well as summary judgment on his FMLA claims. The defendants opposed the motions and cross-moved for summary judgment on the FMLA claims. After arguments, the court entered an order in December 2025, denying the FMLA motion and cross motion and granting the plaintiff’s Section 40 motion. In the order, the court permitted the plaintiff to pursue compensatory damages at trial in connection with the bodily injury claim. The court also allowed the plaintiff to present evidence of any workers’ compensation benefits to support his claim. The court then denied the defendant's subsequent reconsideration motion in February 2026. The defendants that appealed the Section 40 aspect of the orders. In reviewing the appeal de novo, the Appellate Division rejected the plaintiff's argument that the work-related injury arose out of his discrimination claims under the LAD. The plaintiff argued that he should be able to pursue a personal injury claim as a part of his LAD claim, noting that the employer’s compensation carrier would be able to assert a lien against any recovery against his LAD claims. In distinguishing between the Richter vs. Oakland Board of Education, 246 N.J. 507 (2021) case, in which the Court found that any recovery would be subject to a Section 40 lien as the allegation was that the defendants failed to accommodate her pre-existing diabetic condition, which resulted in bodily injury. In this case, the Appellate Division indicated that there was no bodily injury caused by Ekornes’ failure to accommodate a pre-existing disability. Rather, the shoulder injury was a result of a workers compensation claim, for which he received appropriate benefits previously. The Appellate Division noted that if the plaintiff was successful in proving his LAD claims, he would be entitled to damages caused by the discriminatory discriminatory conduct such as lost wages and emotional distress damages and that there will be no Section 40 lien. In addition, the Appellate Division disagreed that the petitioner could present evidence about and seek damages for his shoulder injury at trial. Although the petitioner argued that a defendant who retaliated against an employee for filing a workers’ compensation claim should not benefit from the exclusivity provision of the WCA, the Appellate Division noted that the Legislature did not include this type of scenario in the statue nor did any of the case law recognize this type of claim as a remedy. As such, the Appellate Division reversed the December 2025 order granting the the plaintiff’s Section 40 summary judgment motion as well as the February 2026 reconsideration motion order. The Appellate Division noted that they did not intend to limit the plaintiff in his pursuit of his other claims on under the LAD, FMLA, and workers’ compensation retaliation causes of action.