Results

We had our clients dismissed via sanctions imposed. On Jan. 6, 2011, Charles Sample was arrested by officers of the Philadelphia Police Department’s Narcotics Field Unit. The plaintiff alleged the officers seized $40,000 in cash from his vehicle, falsified a search warrant affidavit, disregarded proper procedures and withheld exculpatory evidence, leading to drug charges. The plaintiff entered a guilty plea for probation to avoid a lengthy prison sentence. On Jan. 6, 2017, the court granted the plaintiff’s motion for a new trial based on after-discovered evidence, and the charges were nolle prossed. The plaintiff filed his initial complaint on Jan. 4, 2019, alleging federal civil rights violations under 42 U.S.C. § 1983 and state law claims. Due to related litigation involving the Narcotics Field Unit, the case was placed in suspense on March 10, 2020, and restored to the active docket on Nov. 15, 2023. On April 4, 2024, the plaintiff filed an amended complaint, asserting six causes of action: § 1983 claims for fabrication of evidence, suppression of evidence, malicious prosecution, civil rights conspiracy, municipal liability (against the City of Philadelphia), and state law claims for false arrest, false imprisonment, malicious prosecution and conversion. On Aug. 5, 2025, Judge Gerald J. Pappert of the U.S. District Court for the Eastern District of Pennsylvania dismissed the plaintiff’s claims against the individual police officer defendants under FRCP Rule 37(b) for failure to comply with discovery orders, with prejudice. Applying the Poulis factors, the court found the plaintiff personally responsible for nearly two years of non-communication with his counsel, which prejudiced the police officers by delaying trial preparation and demonstrated a history of dilatoriness without reasonable excuse. Lesser sanctions were deemed ineffective due to the plaintiff’s prolonged unresponsiveness, and the merits of his claims could not be evaluated, rendering this factor neutral. The City’s motion to join the police officers’ sanctions motion was denied, as they did not move to compel discovery or demonstrate the plaintiff’s violation of a related court order. 

We successfully defended a multinational food corporation in a workers’ compensation case. We filed a suspension petition based upon the claimant’s employment prior to being taken out of work. The claimant filed a reinstatement petition for a right carpal tunnel syndrome (CTS) claim and a claim petition for the left CTS claim. The claimant also filed UR petitions related to her treatment with Dr. Mercado and Dr. Patel. Prior to the decision, we accepted left-sided CTS as work related. The issue to be decided by the workers’ compensation judge was whether the claimant was entitled to a reinstatement of benefits because the job required her to work in a cold environment. In the decision, the judge noted that when the claimant was working she did not have to touch the cold meat which was on a conveyor belt. She also wore gloves and cold weather clothing while performing the position. The judge noted that Dr. Martinez did not know the temperature of the claimant’s hands with gloves on nor did he know the temperature of the plant. He also noted that Dr. Martinez testified that if the claimant’s hand temperature with gloves on was between 70-80 degrees, that should be acceptable. The judge noted that the employer’s witness testified to an experiment measuring hand temperature with gloves on: her hand temperature with the glove on was initially 87 degrees and after roughly 3 hours on the floor, it was 75 degrees. Dr. Talsania testified that cold temperature does not affect CTS. The judge found the claimant’s testimony and Dr. Martinez’s testimony not credible. The judge found the employer’s witness and Dr. Talsania credible in all respects. She also found the UR reports credible concerning the claimant’s treatment. The judge suspended the claimant’s benefits effective May 23, 2024, finding she was capable of performing the quality monitor position in the cold environment. 

We secured an arbitration win, slashing a $83,000 claim to $625. The applicant, a major medical provider, filed an arbitration matter in the total amount of $83,625, alleging our client owed it for the claimant’s unpaid medical bills following a major motor vehicle accident. The claimant had been involved in the motor vehicle accident and sought payment for a series of medical treatments rendered post-accident. Counsel for the medical provider argued that the medical billing was never properly paid, therefore, payment of the claims was overdue. However, we successfully argued at the arbitration hearing that the applicant’s demand amount was greatly over exaggerated and that the amount in dispute must be limited to the appropriate fee schedule limit of $625.82. After arguments were heard, the arbitrator ruled in our client’s favor.

We obtained a defendants’ verdict in New York Civil Court where we represented an appliance company and their employee, who was accused of stealing a Rolex watch. The client’s employee installed a light fixture in the plaintiff’s residence. After the installer left the residence, the 85-year-old plaintiff could not locate his $31,000 Rolex watch. He filed a claim with his homeowner’s carrier and received $500 because the watch was not scheduled. He also filed a police report. He then retained counsel and commenced suit against the defendants for conversion, breach of contract and negligent hiring. During dispositions of both the plaintiff and his wife, we elicited testimony that neither had any proof that the defendants stole his Rolex watch. He further elicited that no criminal charges were ever brought against the employee. We filed for summary judgment, denying the allegations, and included affidavits from the employee and the owner of the appliance company in which it was indicated that there were no prior complaints regarding the company and/or the installer. The motion was denied. At the trial conducted in June 2025, Chris again elicited testimony from the plaintiff that he had no proof that the installer stole his Rolex watch, nor did the plaintiff provide any proof that the installer’s employer engaged in negligent hiring, as there were no prior complaints regarding this employee. At the close of the plaintiff’s case, we again moved for a directed verdict, arguing that the plaintiff had not established his claim for damages or proven the allegations in the complaint. The motion was denied. Rather than hearing oral summations, the court directed the parties to submit written summations. In our written summation, we outlined dismissal of the case, arguing that any finding against the defendants for theft would be tantamount to accusing them of stealing when neither the police nor the district attorney found any probable cause to criminally charge them. The court dismissed the case in its entirety. 

We successfully prosecuted a termination petition involving a 65-year-old, 35+ year employee of a renowned international automobile corporation who sustained a left knee injury on June 19, 2023. We secured medical records supporting a significant pre-existing history—with a prior left knee replacement and treatment leading up to June 1, 2023—establishing that the only work injury sustained was a left knee contusion. Further, the opinions of the defense medical expert, a board-certified orthopedic surgeon with a sub-specialty in the treatment of the knees, were found competent and credible, thus supporting a full recovery based upon his comprehensive physical examination and his review of records and diagnostic studies. The workers’ compensation judge further found the employer had a reasonable basis to contest all issues and denied attorney’s fees. Such a decision will result in a substantial recoupment of indemnity and benefits payments made throughout the course of the litigation via a Supersedeas Fund Reimbursement recovery.

We won a defense verdict on a penalty petition filed by the claimant against a mushroom company. In the penalty petition, the claimant alleged that Supreme Court precedent allows the finding of a penalty when a carrier does not immediately issue an award check after a decision on the merits. The check was issued 19 days after the decision (and within the 30-day time period commonly accepted in the business for payment of awards). The claimant argued that payment should have been made within one day of the award. The case turned on legal precedent concerning the efficacy of statements made in dicta versus common sense practice. The case held implications for procedure on payments of awards in Pennsylvania. After hearing oral argument, the court held that the employer’s argument was more logical and supported by the preponderance of the case law. 

We won a defense verdict on a claim petition filed by the claimant, a police officer for the township. The claimant was called to the scene of an active shooter barricaded in his home. The officer was placed in a strategic position outside the home with weapon drawn. The standoff lasted many hours, but was resolved peacefully when SWAT arrived. The claimant finished his shift and went home. The next morning he awoke with headaches, nausea, double vision and dizziness. Ultimately, he was diagnosed with mini-stroke, nerve palsy and resultant diplopia—he was disabled from working. He filed a claim petition and presented a neurologist to support a work injury. This doctor’s deposition was riddled with objections since the neurologist tried to read into the record (and at times misread into the record) the diagnoses of a neuro-ophthalmologist. The neurologist then tried to argue that the claimant’s condition was a psychological injury in origin. The employer presented the opinions of a board certified neuro-ophthalmologist, who opined that the claimant has no work-related injury. The court found the employer’s evidence to be more believable, and the claim petition was dismissed.

We obtained dismissal of our insurance broker client on Motion for Summary Judgment in the Montgomery County Court of Common Pleas, Pennsylvania, on the basis of no duty breached, and lack of causation. Claimants asserted a professional negligence theory for allegedly allowing a commercial insurance policy to lapse, failing to notify the policyholder claimant of the lapse or cancellation, and allowing a subsequent gap in coverage to exist after the policy cancelled, when an underlying loss occurred. However, after completed discovery depositions and expert discovery, we successfully moved for summary judgment, arguing the policy cancelled because of the policyholder’s own failure to comply with premium audit requirements, rather than any liability or breach of standard of care by the insurance broker.

We obtained dismissal of all claims against our client in a case involving a slip and fall at a hospital. The plaintiff was employed by a trucking company and was in the process of filling a liquid oxygen tank located in the parking lot of the hospital when he fell on a sheet of ice near the oxygen station evaporators. He sustained numerous injuries, including injuries to his spine, resulting in cervical fusion. As a result of the accident, the plaintiff alleged significant lost wages, in addition to numerous personal injuries. Our client designed, installed and maintained the oxygen station pursuant to a lease agreement with the hospital. We submitted evidence that our client properly inspected and maintained the oxygen station and that the ice was not caused by the operation of the oxygen station. After years of litigation and numerous depositions, our client moved for summary judgment, seeking a dismissal of the plaintiff’s claims and for an order of indemnification against the hospital based on the lease agreement. The court granted our motion in its entirety and dismissed all claims.

We won summary judgment in a motor vehicle case before the Court of Common Pleas of Northampton County, Pennsylvania. The plaintiff was in the course and scope of her employment at the time of the vehicle collision. She filed a workers’ compensation claim, and the workers’ compensation judge ultimately determined that her alleged injuries were not related to the motor vehicle accident. The plaintiff appealed that decision to the Workers’ Compensation Appeal Board, which affirmed. In her civil action against the driver and owners of the other vehicle, we asserted that the decision of the workers’ compensation judge acted as collateral estoppel with regard to all claims, thus barring recovery by the plaintiff against our client. The plaintiff argued that the right to a jury trial, as guaranteed under the Pennsylvania Constitution, precluded application of collateral estoppel. The trial court disagreed, finding ample case law to support the application of collateral estoppel in such circumstances, and granted our motion for summary judgment.

We successfully convinced the Commonwealth Court of Pennsylvania to affirm the Court of Common Pleas of Wayne County’s grant of our preliminary objections and dismissal of the plaintiff’s complaint in mandamus. In its complaint in mandamus to the Court of Common Pleas, the plaintiff argued that our client’s letter denying its plan and application for the development of solar panels was insufficient under the Municipalities Planning Code, thus entitling it to a deemed approval of its plan. We had successfully filed preliminary objections to the complaint on the grounds that the Township’s letter, which identified the plan’s defects with specific reference to provisions of the Municipal Planning Code that had not been satisfied, was sufficient under Section 508 of the Municipal Planning Code. This section requires that, when a municipality denies an application for approval of a development plan, “the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon.” 53 P.S. Section 10508(2). The plaintiff appealed the decision, and we attended oral argument before the Commonwealth Court, following which the court affirmed the decision of the lower court on the same grounds.

We were successful in having all claims against our client’s hotel dismissed. This case involved deeply distressing allegations of sex trafficking and abuse by the plaintiff’s mother, occurring when the plaintiff was a minor. The claims against our client’s hotel were brought under the Trafficking Victims Protection Reauthorization Act (TVPRA) and Florida law. While the court was unequivocal in acknowledging the tragic and serious nature of the plaintiff’s allegations against her abusers, it ultimately found that the legal claims against our client were not supported by sufficient factual allegations to state a cause of action under either federal or state law. The court had previously dismissed the original complaint without prejudice. However, upon review of the amended complaint, the court agreed with our renewed motion to dismiss and concluded that the plaintiff failed to plausibly allege that our hotel knowingly participated in a trafficking venture or maintained a continuous business relationship with the traffickers. The amended complaint alleged only a single instance of trafficking at our client’s hotel and asserted that the conduct was so blatant that hotel staff should have recognized it. The court found this insufficient to support a claim under the TVPRA. Additionally, the court found that the allegations did not meet the high legal threshold required to sustain a claim for intentional infliction of emotional distress under Florida law.

We convinced the Commonwealth Court to affirm the decision of the Workers’ Compensation Appeal Board in favor of our client, the employer, which upheld the workers’ compensation judge’s denial of a claim petition. By memorandum opinion, the court found that the judge’s credibility findings were neither contradictory nor arbitrary and capricious, and the decision was reasoned. The court agreed with the employer that the defense experts’ opinions constituted substantial evidence, also noting that the Social Security Administration’s findings of disability were irrelevant to the issue of work-relatedness. The court concluded that the claimant failed to sustain her burden of proving a work-related injury, and since the causal connection between her “lingering symptoms and her work duties” was not obvious, she was required to present unequivocal medical evidence establishing that connection, which she failed to do.

We successfully defended a claim for permanent/total disability benefits and significantly lowered our client’s exposure. Given the petitioner’s age and the exposure of the case, our client faced a potential indemnity exposure of more than $500,000. Prior to trial, the petitioner refused to accept any settlement offer below permanent/total disability benefits. Following the petitioner’s testimony at trial, the judge dismissed the claim for permanent/total disability benefits and recommended a partial disability settlement, which equated to approximately $57,000 (only 10% of the potential cost) in total exposure, which was accepted by the petitioner.  

We obtained a defense verdict in binding arbitration on behalf of a nursing home client. The plaintiff alleged that the nursing staff provided inadequate pressure-reducing devices and negligently cared for his lower extremity, allegedly resulting in a below-the-knee amputation and permanent and total disability. We established that, not only did the nursing staff treat the resident in accordance with the standard of care but, also, the resident’s below-the-knee amputation was caused by the resident’s vascular conditions and comorbidities, not by any alleged actions and/or inactions of the nursing home staff. After a lengthy arbitration, the arbitrator ultimately found in favor of the defense.

We won summary judgment in a wrongful death case, based on a lack of duty owed by a groom to his wedding guest, and dismissal of cross claims for lack of a viable contract owing indemnity under Azurak. The decedent was a plus-one guest at our client’s wedding, which was held at a multi-building facility in Moorestown, NJ. Specifically, the venue consisted, in part, of a 131-year-old home with a castle-like outward appearance. The home’s design includes an elevated terrace (raised approximately five feet and accessible by stairs) with an unguarded, flat ledge. The plaintiff alleges the decedent was sitting and/or leaning against the ledge when he fell over, sustaining injuries that allegedly resulted in his death a few months after the event. Our client was an employee at the facility. The corporate owners of the property permitted him to use the home for his wedding, at no cost, provided he obtain an event insurance policy. The co-defendants sought indemnification, arguing that the policy evidenced an agreement that our client would provide indemnification to them. It was our position, and the court agreed, that our client owed no duty to warn the decedent as this was an open and obvious condition that the decedent was aware of or by a reasonable use of his faculties would observe. Further, our client and the decedent were both invitees to the property, and it is the co-defendant landowners who had a non-delegable duty to use reasonable care to protect against dangerous conditions. Therefore, the claims raised in the complaint and cross-claims for contribution were dismissed. Further, the court found no breach of contract or enforceable agreement to indemnify; the negligence in this case was on the co-defendant commercial property owners.

We received a successful trial result in a premises liability matter in Philadelphia Court of Common Pleas. The plaintiff’s expert projected future surgeries and extensive life-long medical care costs of $1.25 million. Much of our defense centered on damages and demonstrating that the projected future medical care was not supported by the actual medical treatment provided. Additionally, video of the incident was used to demonstrate that the plaintiff had actual/constructive knowledge of spilled water in the premises but proceeded to walk in that area anyway. Forty percent comparative negligence was assigned to the plaintiff, and despite the plaintiff’s introduction of the medical cost projection described above, only $50,000 in future medical care was awarded by the jury. The total award, after a molded verdict, was $118,800, which our client viewed as a victory in this venue. 

We obtained reversal of a non-final order in a wrongful death case against a dive captain, dive master and the corporate entity dive companies. A woman drowned while scuba diving on a chartered tour. Following her death, the toxicology report revealed high levels of illicit drugs and alcohol. During the course of litigation, her estate moved for leave to amend their complaint to add a claim for gross negligence and punitive damages, claiming the defendants were grossly negligent for failing to use the buddy system and for allowing the decedent to dive when they knew or should have known she was intoxicated. The estate also claimed gross negligence against the dive master for allowing the decedent out of his eyesight for four to ten minutes during the dive, despite having identified the decedent as requiring “special assistance.” In support of their motion, the estate relied on the police statements, deposition testimony and an expert report. The defendants argued the evidence was insufficient to support the amendment and contended that none of the witnesses knew that the decedent was intoxicated before she dove. In granting the motion, the trial court did not make an affirmative finding that the estate had made a reasonable showing by evidence, which would provide a reasonable evidentiary basis to recover punitive damages. On appeal, the Fourth District agreed with our arguments and reversed on several grounds. First, the Fourth District concluded the trial court applied the wrong legal standard. Second, the court found the estate failed to present sufficient evidence to establish a reasonable basis for recovery of punitive damages against the dive captain and dive master. Third, the estate’s proposed amended complaint did not properly allege a claim against the corporate entity defendants. 

We successfully overturned a $1.8 million judgment on appeal in a case that involved the Laidlow exclusion in a workers’ compensation/employers liability policy. The decedent succumbed to heat exhaustion while at work, and the plaintiff alleged the death was due to working conditions the employer knew were substantially certain to lead to injury. Our client, the insurer, offered to defend the employer, but only to the extent of obtaining dismissal of the workers’ compensation claim, which was filed in the wrong forum. The insured rejected the offer, and suit for the injury and coverage claims commenced. At summary judgment, the trial court refused to apply the policy’s clear and prominent Laidlow exclusion barring all coverage for claims in the Superior Court whether alleged as negligent or intentional. The trial court entered judgment in the amount of the arbitration award and awarded defense costs for the Laidlow suit, costs of the declaratory judgment action and interest. The matter went up on appeal. After briefing, but before argument, the New Jersey Supreme Court released the Rodriguez decision, which validated our client’s position on application of the Laidlow exclusion and went even further to hold that the employer’s liability carrier has no obligation to provide a defense for the common law negligence claims filed in the Superior Court. The trial court refused to apply the principles enunciated by the appellate division in the Rodriguez decision and refused to apply the reasoning of a second unpublished appellate court decision directly on point. The trial court simply ignored the cases, reasoning they were unpublished. Prior to oral argument in our matter, the Rodriguez decision was published, and the plaintiffs abandoned the case, settling for nuisance value.

We were successful in a Philadelphia arbitration matter, obtaining a defense verdict as to the plaintiff’s claims and an order requiring the co-defendant to reimburse attorneys’ fees. It was undisputed that a motor vehicle accident occurred involving a third-party independent contractor of our client, a prominent homebuilding company. The plaintiff claimed he was a passenger in the vehicle and, accordingly, brought a negligence action against our client, who tendered its defense to the independent contractor based on a contractual provision requiring defense and indemnification. The independent contractor denied the tender. During discovery, it was revealed that the plaintiff falsely claimed he was a passenger in the vehicle. The independent contractor again denied the tender, claiming that its duty to defend was never triggered. The case proceeded to an arbitration where the panel found neither defendant was liable but disagreed with the co-defendant’s arguments regarding defense and indemnity. Accordingly, the arbitration panel entered a judgment in favor of our client and ordered the co-defendant to reimburse all reasonable attorneys’ fees expended defending the action.

We won a motion for summary judgment in a premises liability case where the plaintiff lost control of her e-bike while riding over leaves in our client’s RV sales lot. The plaintiff claimed that the fall caused an aggravation of a prior shoulder injury, resulting in surgery, as well as chronic pain in her low back. We argued that the leaves were a naturally occurring element of a wooded lot and, even if they were hazardous, they were open and obvious. The plaintiff argued that she did not perceive the leaves as being hazardous; therefore, there was an issue of fact regarding whether her perception was reasonable. The plaintiff also argued, the fact that our client had a maintenance contract with a service to remove fallen leaves indicated that they were on notice of the leaves being hazardous. The court did not agree with this argument and found in favor of our client. 

We succeeded in partially dismantling a complex claim against a major health care client. The family of a former in-patient resident who died as a result of complications from the COVID-19 virus filed suit, raising claims that the patient was sexually assaulted while in the care of the hospital and a subsidiary ambulance company. Asked to join the defense team shortly before trial, we effectively discredited the plaintiff’s witnesses throughout the plaintiff’s case-in-chief. At the nonsuit stage, we wholly extricated our client—sealing off any exposure to liability for the large, corporate parent company. Following the jury’s $3.5 million verdict against the remaining defendants, we were engaged as appellate counsel and succeeded in further winnowing the liability exposure. We convinced the trial judge to: (1) deny the plaintiff’s request to reinstate the punitive damages claim based on the trial record; (2) grant a partial judgment notwithstanding the verdict on one claim, lopping a full $700,000 off the jury’s verdict; and (3) outright deny the plaintiff’s motion for delay damages, which had sought to add $742,000 to the jury’s verdict.

We defended a client in a motor vehicle/wrongful death trial in which the jury awarded a much smaller amount than the plaintiff sought. The decedent was rear-ended on the New Jersey Turnpike while driving 9.9 miles per hour at 3 a.m. He was intoxicated, with a blood alcohol level of .095. His car, which was black with black wheels and black tinted windows, was disabled by the collision and came to rest broadside in the left travel lane. A good Samaritan tow truck driver saw the crash and stopped to render assistance. The decedent, who was uninjured in the initial accident, borrowed the tow truck driver’s phone/flashlight and re-entered his car in the left lane. Our client’s truck subsequently hit the disabled car while the decedent was in it. The trial judge refused to allow us to introduce evidence relating to the first accident. The decedent’s contributory negligence in causing the first accident, which put him in peril, was to have been the focus of our defense. Given the surprisingly small verdict, the client indicated that it will likely accept the result. Before trial, the plaintiff’s economist estimated the value of lost services to the family at more than $6 million. The judge dismissed damages relating to two siblings. The jury awarded significantly reduced damages to the decedent’s mother in accordance with the arguments we made.

We received an opinion from the Workers’ Compensation Appeal Board affirming the decision granting our termination petition. The employer had accepted an “upper back area” injury through a Notice of Compensation Payable. Prior to issuing the NCP, the employer secured an IME, where the doctor ultimately opined that the claimant was fully recovered from a lumbar sprain. The workers’ compensation judge found that the claimant was fully recovered from the work injury based upon the credible opinions of the employer’s medical expert. The claimant appealed, arguing the termination was improper as the IME occurred before the NCP was issued; therefore, the change in condition needed to occur after the NCP. Additionally, the claimant argued the termination was improper as the IME doctor found a different injury than the injury noted on the NCP. The Appeal Board opined that the employer sustained its burden of proof as its expert’s testimony constituted substantial evidence, sufficient in nature to meet its burden of proof. The Appeal Board further found that since the employer was not disputing an injury occurred, it was not attempting to re-litigate whether the claimant sustained a work injury. Rather, it was disputing whether the claimant was still disabled. The Appeal Board further opined that the claimant’s expert evaluated the whole back and that the credible evidence revealed the claimant was fully recovered.

We secured summary judgment for a homeowners’ association. The plaintiff owned an apartment in a planned community and sought to drill a hole through the exterior wall of the building to vent an HVAC unit. The HOA denied his request, and the plaintiff asserted claims of negligence and breach of the duty of good faith and fair dealings, alleging that the HOA treated him unfairly by denying his request. Despite providing numerous photos of other holes through the exterior wall of the building, the plaintiff admitted during his deposition that they did not know whether the HOA had ever permitted another unit owner to drill a hole in the exterior wall. We successfully argued that the plaintiff could not put forth any evidence demonstrating unfair treatment, or that the request had been denied in bad faith. 

We obtained summary judgment for residential renters in a trip-and-fall case. The plaintiff tripped and fell on a set of porch steps at our clients’ home while attending a barbeque, breaking her ankle. She brought claims against the homeowner. The homeowner then joined our clients, asserting claims of negligence and contractual indemnity under the lease agreement. During her deposition, the plaintiff testified that she was familiar with the poor condition of the steps, had spoken with the renters about the steps prior to her fall, and witnessed two people, an adult and a child, trip on the steps during the same barbeque event. The homeowner also testified at his deposition that it was his responsibility to repair and maintain the subject stairs. We argued that our clients were not required to indemnify the homeowners under the Perri-Ruzzi rule, and that they owed no duty to the plaintiff, a licensee, as she knew of the condition of the steps and the risks involved in using them. The court agreed and dismissed all claims against the clients.

We were successful in having a New York No-Fault (PIP) action fully discontinued, with prejudice. The plaintiff, a major medical provider, filed suit in Kings County Civil Court in the total amount of $25,805.85, claiming our client owed it for the claimant’s unpaid medical billing. The claimant had been involved in a motor vehicle accident and sought payment for medical treatment. Counsel for the medical provider argued that, since the billing was never paid by the insurer, it was due in full—despite the fact that the same matter had previously been fully exhausted and was processed/handled in full compliance with the applicable medical fee schedule(s). While there were evidentiary issues in our client’s case, our arguments and position were strong. After negotiations and arguments, plaintiff’s counsel acquiesced to a full discontinuance of the matter, with prejudice.

We were granted final summary judgment in a slip-and-fall premises liability case. The plaintiff alleged she slipped and fell on an unidentified wet substance while waiting in line at the defendant’s convenience store. The plaintiff admitted she did not see the substance prior to her fall and did not know what it was, where it came from or how long it had been there. She testified that the wetness appeared to have been tracked in by other customers, noting their shoes were wet. We moved for summary judgment, arguing that the plaintiff could not meet her burden under § 768.0755, Fla. Stat., to prove that the defendant had actual or constructive knowledge of the alleged condition. Surveillance footage showed multiple customers walking through the area without issue, and no visible hazard appeared on video. The court agreed and granted final summary judgment in favor of the defendant, dismissing the case with prejudice.

We successfully had a defamation matter against an American Legion Post and certain of its members dismissed. After joining the Post, the plaintiff supposedly found unpaid invoices, canceled insurance policies, and non-compliance with Pennsylvania Liquor Control Board (PLCB) and gaming license regulations. He fired the restaurant manager, processed payroll, secured new insurance, and attempted to renew the gaming license at the defendants’ direction. When the plaintiff urged compliance and stated he would cooperate with a potential PLCB investigation, he alleges that the defendants threatened him and accused him of misconduct, such as showing a video of a sexually explicit nature to another Post employee, failing to pay wages/vendors, making threats, removing a laptop, allowing unauthorized payroll access and making unauthorized purchases. He was permanently suspended from the Legion after a formal executive session. Shortly thereafter, the plaintiff filed a defamation lawsuit in York County Court of Common Pleas, alleging that the various statements regarding his misconduct were false. The case was dismissed after the plaintiff failed to comply with two discovery orders and a subpoena for his counsel’s deposition, prompting Judge Menges to impose sanctions, dismissing the case.

We obtained a defense verdict in a slip and fall case in Suffolk County Supreme Court. The plaintiff was a physician’s assistant who alleged he slipped and fell on a wet area inside his medical facility. He testified at his deposition that he saw mop swirls in the wet spot. He brought suit against the facility’s cleaning company over one year later. Unrelated to this incident, the plaintiff had a pancreatic cancer relapse after his 2019 slip and fall and was out on workers’ compensation for over one year. At trial, plaintiff’s counsel produced a note from the plaintiff’s wife stating that he would not be testifying due to his medical condition; therefore, his deposition testimony would be read to the jury, which the court allowed. We argued that plaintiff’s counsel had the opportunity to secure statements from numerous witnesses and former employees whom counsel never subpoenaed for non-party depositions or trial. The cleaning company’s owner, our client, testified that the plaintiff’s employer had access to his janitorial equipment, including mops, which were always at their disposal. We argued that it would be speculation that a wet spot on a floor would have been caused by our client. The jury deliberated for 55 minutes and rendered a defendant’s verdict.