Results

We obtained summary judgment for our clients, a school district and its board of education, in a construction injury case. The school district hired a paving contractor to install a drainage pipe and to perform paving work at a number of its schools. The paving contractor had to excavate a trench to install the pipe. The plaintiff, an employee of the paving contractor, was working in the trench installing the pipe when the trench collapsed around him, trapping him up to his head and requiring that he be extricated by first responders. According to the plaintiff, the trench collapse was affected by a condition of the property that caused water to enter and destabilize the trench. He alleged that the school district was liable because the existence of the water was a dangerous condition of the property and, as the property owner, the district was negligent in failing to properly supervise the work and provide for the safety of the workers. The school district’s superintendent had visited the site on the morning of the incident, observed mud in the trench, and said to the paving contractor that he should not let anyone work in the trench. In our summary judgment motion, we argued that the school district did not owe a duty of care to the plaintiff because the contractor was, by contract, in charge of the means and methods of its work and was contractually obligated to provide for the safety of its work and its workers. The court granted summary judgment to the school district, agreeing that it did not owe a duty of care to the plaintiff. 

We secured a complete defense victory, saving our client over $500,000 in known exposure and likely millions in long-term liability. The workers’ compensation judge granted our termination petition and denied the claimant’s claim petition, finding that the claimant fully recovered and was not entitled to wage loss or medical benefits. Through medical discovery, we uncovered pre-injury treatment that directly contradicted the claimant’s testimony. The judge favored our medical expert, citing no changes on pre- and post-injury MRIs as further evidence undermining the claim.

We successfully won summary judgment on behalf of our client, a vendor who did work for a national bank. The plaintiff alleged our client created a dangerous condition in the parking lot that caused her to trip and fall. Plaintiff’s counsel was initially presented with evidence disputing the claims in his complaint, including specific work orders that identified and limited the scope of our client’s work of replacing nine concrete car stops at the bank branch location nine months prior to the plaintiff’s accident. Following initial discovery, the plaintiff testified during her deposition that the car stops had nothing to do with the trip and fall. Having failed to produce any evidence to support her claim in opposition to our motion for summary judgment, the court granted summary judgment from the bench following oral argument.

We obtained a defense verdict in a FINRA arbitration where the claimant donated approximately $600,000 to a donor advised fund in 2012 and took a tax deduction. The claimant alleged that the donor advised fund was mismanaged and lost approximately $140,000 in value in 2022. We defended the fund’s managers in the case based upon the claimant’s lack of standing once the funds were donated. Further, we presented evidence through the respondent’s testimony that the account was managed in accordance with the goals and objectives set for the account. In addition, we presented evidence that the account was overall profitable and performed better than the S&P 500 index during the relevant time period.

We were granted summary judgment in the dismissal of a First Amendment retaliation claim. The case was brought against our client, the borough manager, as well as the borough and several other of its employees. The plaintiff worked as a trash man in the Streets Department. With regard to the borough manager, the plaintiff alleged First Amendment retaliation under 42 U.S.C. § 1983, claiming a hostile work environment due to racial slurs and discriminatory behavior by coworkers and supervisors. He alleged that he reported these issues to his supervisor and the borough manager, but he felt ignored or silenced. After publicly addressing the alleged racism at a February 2024 Town Council meeting, the plaintiff was terminated a week later following a council vote. The plaintiff filed an EEOC charge and this lawsuit, alleging his termination was retaliatory and discriminatory. We were successful in having the retaliation claims against the borough manager dismissed via summary judgement, but the co-defendants remain active.

We successfully defended a township in Bucks County in the litigation of a fatal claim petition. The widow made an allegation that the decedent (a police K-9 officer) died in his home as a result of exercising with his police dog before heading to work. The fatal claim petition alleged that the decedent died of hypertrophic cardiomyopathy brought on by “vigorous exercise.” The widow presented an expert who held himself out to be a cardiologist. We established during voir dire examination that the expert had no Board Certification in cardiology. We also forced the expert to admit that cardiomyopathy was a pre-existing condition that, in a vast majority of cases, causes death without exertional activity. The widow testified in the matter, but on cross examination she could not confirm the decedent’s exercise because she was asleep at the time. The widow presented a detective and a police chief who asserted that the decedent was in the course and scope of employment at or near the time of death, but both witnesses on cross examination were not present on the morning of the decedent’s death and could not verify that the decedent was undertaking exertional activities. We presented a Board Certified cardiologist who testified that cardiomyopathy is a hereditary condition and not caused or aggravated by activities. The decedent’s death was, therefore, characterized as death by natural causes. The court delivered a full defense verdict in dismissing the fatal claim in its entirety.

We succeeded in striking a $4.1 million default judgment entered in the Philadelphia Court of Common Pleas by a plaintiff who alleged defective residential construction. We convinced the court that Pennsylvania Prothonotaries and Clerks of Court lack authority to accept a praecipe to enter a default judgment in a specified amount unless the amount is approved by a judge or is a sum certain, meaning that the amount is ascertainable from a confessed judgment or a contract that specifies the amount due. The default judgment had spawned significant coverage litigation by and against the defendant’s insurer.

Lela Eke received a Dismiss Without Prejudice for Lack of Prosecution, after filing a Motion to Dismiss in response to numerous discovery requests that remained unanswered. At the hearing, Petitioner’s counsel was unable to provide an explanation for the delay. We argued that keeping the case open to give them more time to respond to our discovery and Motion would be prejudicial against us, and the Court granted our Motion. Jessica Gordon received a dismissal for lack of prosecution in a case where the claim was denied with ongoing request for medical treatment, but there had been no report from the Petitioner to support the request and no demand was made in lieu of litigation. William Murphy successfully obtained an order for dismissal for a claim involving a workplace assault. In the case, the Petitioner alleged injuries to their neck, back, chest, and right hand following an assault at work. After the Petitioner missed multiple independent medical exams scheduled by the employer, we filed a motion to dismiss this claim for lack of prosecution. The judge of compensation granted the motion. Rachel Ramsay-Lowe was successful in defending a case where the Petitioner was not complying with discovery requests and did not appear for Respondent’s permanency evaluation. We filed a Motion to Dismiss for Lack of Prosecution and the Court entered the dismissal Order. Kristy Salvitti was successful in obtaining an Order for Dismissal where the  Petitioner had filed a Reopener of a Clam Petition relative to a prior permanency award arguing that disability to his right shoulder, thoracic and lumbar spine had increased to permanent and total disability. If successful, Petitioner would receive lifetime related medical treatment and 450 weeks to life of his temporary total disability rate.  However, following oral argument that Petitioner failed to timely prosecute the claim, the Reopener Petitioner was dismissed.

We received a defense verdict in a five-day jury trial in Philadelphia County involving multiple defendants. We defended the medical malpractice claim alleging a violation of HIPAA privacy and an intrusion upon plaintiff's seclusion resulting in his eviction and severe emotional distress. The plaintiff claimed an anonymous email he sent to our client, a social worker, purporting to seek mental health therapy was a "mental health record" and subject to HIPAA privacy laws. When it was discovered that the email was from the same individual stalking and harassing the client’s sister who worked at the apartment complex where he lived, our client provided the email to her sister, who then gave it to her employer to support legal action against the plaintiff. The email was used in an eviction proceeding, and the plaintiff claimed that the disclosure of the email violated his privacy rights under HIPAA and that he suffered humiliation and severe emotional distress as a result. The claim involved counts for medical and legal professional negligence, negligence per se, intrusion upon seclusion, conspiracy to commit an intrusion upon seclusion, intentional and negligent infliction of emotional distress, and a plea for punitive damages. The initial demand of $5 million was reduced to $125,000 before trial. No offer was made and a unanimous defense verdict was rendered in less than three hours.

We successfully defended an anesthesiologist after a two-week trial which included testimony of five medical experts and three treating doctors. The plaintiffs claimed the doctor’s regional nerve block, executed in advance of an orthopedic Achilles rupture repair, was performed negligently causing permanent nerve damage. Damages were sought for pain impacting marital relations and all aspects of the plaintiff's life. Under our cross examination, the plaintiff’s standard of care expert flipped his opinion. Despite excellent conditions for a directed verdict, the court declined to rule, ultimately resulting in a unanimous jury verdict for the defense.

We secured a defense verdict in Delaware County after a four-day jury trial in a premises liability case against a local school. The plaintiff, a student, suffered an Achilles heel injury when cut by a door edge and claimed diminished leg function and Chronic Regional Pain Syndrome (CRPS). Despite undergoing two surgeries, neither her surgeons nor treating physicians diagnosed CRPS. During trial, the defense highlighted that the student returned the following year as undefeated captain of the school’s tennis team, winning at the state level. The case involved aggressive cross-examination of medical and liability experts, along with surveillance evidence of the plaintiff. Before trial, the demand was $1 million, while the school offered $200,000 at mediation—an offer the plaintiff rejected, walking out and refusing further negotiations. After just 2.5 hours of deliberation, the jury ruled in the school’s favor.

We successfully defended an appeal from a jury verdict previously secured by members of our Lawyers’ Professional Liability Department in favor of the firm’s client in a legal malpractice case. The plaintiffs initially asserted multiple tort claims and a claim under the Unfair Trade Practices and Consumer Protection Law, which were dismissed by the trial court upon partial grant of the defense’s motion for judgment on the pleadings. The case proceeded to trial on a remaining breach of contract claim, resulting in a defense verdict. On appeal, the plaintiffs challenged the trial court’s rulings on both the motion for judgment on the pleadings and a motion in limine related to evidentiary exclusions. The Pennsylvania Superior Court unanimously affirmed the trial court’s rulings, holding that the tort claims were time-barred and that the plaintiffs had waived their evidentiary argument by failing to properly develop it in their appellate brief.

Defense award obtained on behalf of our client, a registered investment advisor, in a FINRA arbitration involving alleged mismanagement and lack of transparency concerning a Donor Advised Fund. The arbitration panel denied the claims in their entirety and recommended expungement of the claim from our client's registration records.  

We achieved summary judgment on behalf of an art store chain in a racial discrimination suit over a caricature drawing of a Black woman and her infant son. She, her father and her father’s girlfriend, all visitors of HersheyPark, sued the owner of the kiosk for race discrimination, retaliation and interference under 42 U.S.C. Section 1981, alleging that they were drawn with exaggerated and offensive features rooted in harmful racial stereotypes. The kiosk owner argued that while the caricatures might have been poorly drawn, they were not drawn in any manner intended to be offensive. Judge Bloom determined on summary judgment that no reasonable jury could find in favor of the plaintiffs on all three claims and dismissed the action.

We received a defense verdict in a nursing home malpractice matter involving the development and progression of pressure injuries the decedent experienced during her time in a nursing home. As a result of these injuries, the plaintiff claimed damages, including but not limited to pain, suffering and death. We successfully cited the resident’s significant comorbidities and the noncompliance with pressure reduction measures and nutritional support. 

We were granted summary judgment on behalf of a national truck manufacturer in an asbestos case where the plaintiff claimed his mesothelioma diagnosis was the result of his work on his employer’s trucks. The plaintiff claimed he developed mesothelioma as a result of his alleged exposure to asbestos while working on the trucks and products manufactured by the other defendants. The plaintiff had worked and resided the majority of his life in Mississippi; therefore, Mississippi law was applicable. In granting summary judgment, the court found that any alleged exposure to the manufacturer’s products was de minimis in relation to his other alleged asbestos exposures. The court also found that under the “bare metal” defense, the manufacturer was not liable for third-party manufacturers’ parts, which they did not manufacture or supply, used in conjunction with their trucks.

We received a defense verdict for our client, a general surgeon, who performed carpal tunnel surgery on the plaintiff’s left hand. Following surgery, the plaintiff continued to complain of tingling, numbness and weakness in his hand. He went on to have two additional surgeries, performed by two different surgeons. During the third surgery, the surgeon found a median nerve injury. The plaintiff claimed that this nerve injury was caused by the defendant cutting the median nerve during his initial operation. At trial, the defendant demonstrated how he performs carpal tunnel surgery and protects the median nerve, making it nearly impossible to cut or injure the nerve. We contended that the median nerve injury must have happened later, likely during the second surgery. The jury rendered a defense verdict in favor of our client.

We secured a medical malpractice defense verdict in a complex urosepsis case where the damages included allegations of neurological sequelae and cognitive deficits. The trial was marked by aggressive cross-examination of expert witnesses and a deep dive into comprehensive neurological records and literature.

We won a motion dismissing all claims with prejudice against our clients in a case involving a major remediation project for environmental violations. We filed a motion for summary judgment to dismiss the plaintiff’s complaint based on its failure to provide an affidavit of merit within the prescribed time, and because the agreed upon liability waiver clause precludes litigation against the individual defendants. We argued that public policy recognizes limitation of liability clauses when they are reasonable and when they incentivize the licensed professional to perform. Further, we argued that the affidavit of merit statute’s text and legislative purposes require the affidavit to be served within 60 days (extendable for good cause to 120 days) from the date when the licensed professional files its answer, regardless of whether the pleadings are subsequently amended to name other defendants or assert additional claims. Under New Jersey law, the plaintiff’s failure to provide an affidavit of merit confirmed that their claims must be dismissed with prejudice. The court agreed that: (1) the agreed upon exculpatory waiver clause was reasonable and not against public policy; and (2) the plaintiff’s failure to provide an affidavit of merit was fatal. The court dismissed all claims as to our client and their individual employees with prejudice.

We won summary judgment on behalf of a company that provided software for the overall design of roof trusses in a design defect case. The plaintiff owned the apartment complex being built and hired Turnbull Wahlert to construct the building. 84 Lumber was subcontracted by Turnbull to build and install the roof trusses. 84 Lumber contracted with our client to use its software for the design of the roof trusses and to provide truss connect plate hangers. The building experienced severe water damage allegedly because the roof trusses were not sloped properly and the HVAC units were misplaced on the roof. Damages were estimated at over $1.2 million. 84 Lumber demanded that our client defend and indemnify it against Turnbull’s allegations. The court granted our motion for summary judgment.

In a case where an insurance broker faced claims of professional negligence, Carol VanderWoude (Philadelphia) successfully defended the plaintiff’s appeal from a verdict obtained by Tim Ventura and Dana Gittleman (Philadelphia). The verdict against our client, an independent insurance broker, was well below the lost value of UIM coverage (i.e., $1 million), which the plaintiff sought to recover based on an alleged breach of the professional standard of care in failing to procure an endorsement for $ 1 million in UIM coverage on the plaintiff’s decedent’s commercial auto policy.  The verdict is notable because, at trial, the client gave unexpected testimony which impacted liability, and when confronted with the client’s new trial testimony, our standard of care expert conceded a breach of the professional standard of care. Still, causation/damages were contested, and it was disputed at trial that the plaintiff’s decedent would have actually received $1 million in coverage. Tim elicited testimony on cross-examination of the plaintiff’s expert to show that there was no evidence establishing the insurer would have provided additional UIM coverage even if the endorsement had been purchased.  Prior to trial the parties entered into a stipulation stating that damages were capped at the value of the lost coverage, $1 million. Plaintiff’s counsel challenged the low verdict on various grounds, focusing on the fact that our expert conceded a breach of a standard of care based on the client’s unexpected trial testimony. He argued that, as a matter of law, the damages amount was the lost value of the coverage and the verdict should be increased to $1 million. The trial court agreed with our arguments, raised in opposition to the plaintiff’s post-trial motions, that the low verdict amount was supported by the record and that the plaintiff’s requests for post-trial relief were otherwise waived for various reasons.  The Superior Court affirmed in a unanimous decision.   

We obtained a defense verdict on behalf of an anesthesiologist after a medical malpractice jury trial in Lehigh County, Pennsylvania. The plaintiff, who underwent an elective right-shoulder surgery, alleged that the anesthesiologist and the certified registered nurse anesthetist who performed his laryngoscopy intubated him too soon, and under suboptimal paralytic conditions, leading to permanent throat damage. After a five-day trial, the jury returned a defense verdict within 15 minutes.

We won a defense verdict in a legal malpractice case arising from an underlying civil rights claim. The plaintiff was arrested in August 2015 following a physical altercation with her daughter and her daughter’s friends. The plaintiff alleged that, while she was being searched at the Philadelphia Police Detention Unit, a City employee struck her, causing her to fall into a “split” and suffer a hamstring avulsion. The defendant attorneys represented the plaintiff in a lawsuit against the City. The plaintiff was never able, during the underlying case, to identify the employee who allegedly assaulted her. She did not respond to communications from the defendant attorneys regarding the arbitration award and the appellate deadline; thus, no appeal was filed. During the legal malpractice trial, we presented evidence that the plaintiff could not have won the underlying case-within-the-case because she lacked corroborating evidence of the alleged assault. We also presented evidence that the plaintiff could not prove damages arising from the alleged injury. The court agreed and entered a defense verdict following a bench trial.

We received a defense verdict at the Montgomery County Arbitration Center where the three-attorney panel found in favor of our clients, a pediatric primary care office and a pediatric nurse. We represented the pediatric practice and the nurse against claims from the plaintiff who claimed her median nerve was injured by a venipuncture procedure performed by the nurse. The case was originally filed in the Court of Common Pleas; however, after discovery revealed a weak damages claim—we found many TikTok videos helpful to our defense—it was dropped to the arbitration level.

We obtained full dismissal in a medical billings claim against our insurance carrier client in a New York No-Fault/PIP Action. The plaintiff, a major medical provider, filed suit in Kings County Civil Court in the total amount of $22,610.79, 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 denied on similar grounds. While there were evidentiary issues in our client’s case, our arguments and position were strong. After negotiations, plaintiff’s counsel acquiesced to a full dismissal of the matter. Thereby, our client was absolved from any fiscal liability in this action.

Obtained dismissal of claims in a civil rights action brought against their attorney client in the Middle District of Pennsylvania. The plaintiff brought claims for Deprivation of Rights (42 U.S.C. § 1983), Conspiracy Against Rights (42 U.S.C. § 1985), and Civil Conspiracy against their client. Jake and Josh filed a motion to dismiss pursuant to F.R.C.P. 12(b)(6), arguing that the plaintiff had failed to state a claim upon which relief could be granted. The Magistrate Judge agreed, issuing a report and recommendation for the claims to be dismissed, which the District Judge then adopted as the Court’s decision. No timely appeal was taken.

We successfully defended against the plaintiff’s appeal in the Appellate Division, Second Department. The appeal challenged an order that adhered to a prior ruling by the Supreme Court, Westchester County, which had granted the defendant’s motion for summary judgment, dismissing the complaint. In our brief, we argued that the appeal should be dismissed due to the plaintiff’s failure to assemble a proper record on appeal. The plaintiff omitted critical documents relied upon by the motion court, including submissions supporting and opposing the defendant’s motion. At oral argument, we persuasively presented the case before a panel of four justices. The Appellate Division ruled in favor of the defendant, dismissing the appeal without reaching the merits. The court reaffirmed that it is the appellant’s responsibility to provide a complete record containing all relevant materials from the lower court. The plaintiff’s failure to do so, the court held, made meaningful appellate review impossible. The decision was unanimous, and no further appeal is available—securing a decisive victory for our client.

We successfully obtained summary judgment for a county in a lawsuit alleging disability discrimination and failure to accommodate under the New Jersey Law Against Discrimination. After being sent for a fitness-for-duty examination, a medical professional determined that the plaintiff was not fit for duty, leading to his termination. The court ruled in favor of the county, granting summary judgment on all claims and dismissing the case with prejudice.

We successfully obtained dismissal of their client in a death-from-food-poisoning and hepatitis A case. The plaintiff, Joyce Neeld, executrix of the Estate of Alfred Neeld, alleged that Mr. Neeld passed away due to an outbreak of hepatitis A in southeast Pennsylvania, which was widely covered by the news at the time. The plaintiff, who claimed that Mr. Neeld passed away after eating at Gino’s Pizzeria and Ristorante, was seeking several million dollars from every food provider that served the restaurant, including our client. Fortunately, the plaintiff stipulated to our dismissal.

We secured a defense award on behalf of a skilled nursing facility in a hotly contested “wound” case after a two-day arbitration. The 93-year-old plaintiff had been a resident at the nursing facility for over three years without having suffered any pressure injuries, despite a plethora of risk factors. In August 2019, she was transferred emergently to an acute care hospital where she was diagnosed with a myocardial infarction (MI) and cardiogenic shock. The hospital administered five days of a vasopressor, a life-saving medication that can increase the risk of pressure injuries, and recommended that she consult with palliative medicine due to her poor condition and prognosis. Within several weeks of her return to our client’s facility, she was found to have a Stage III left heel wound and a Stage II left buttocks wound. The wounds were treated and resolved within four and five months, respectively. At 99 years of age, she still resides at the facility.