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121 Marshall Dennehey Attorneys Recognized in the 2024 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

August 17, 2023

Marshall Dennehey is proud to highlight the firm’s 121 attorneys who have been recognized in the 2024 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition.

Additionally, five of the firm’s attorneys received the Best Lawyers® 2024 “Lawyer of the Year” awards in their respective practice areas and demographic regions. 

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/.

Our 2024 LAWYERS OF THE YEAR

Pittsburgh: Daniel Deitrick, Workers’ Compensation Law - Employers
Pittsburgh: Dennis J. Roman, Legal Malpractice Law - Defendants
Harrisburg: John Ninosky, Litigation - Insurance
Harrisburg: Shannon Fellin, Workers’ Compensation Law  - Employers
Newark: Robert Evers, Medical Malpractice Law - Defendants

Our 2024 BEST LAWYERS IN AMERICA

Cleveland, OH
•    Vincent Cononico, Litigation - Insurance
•    David Fagnilli, Insurance Law
•    Jason Ferrante, Litigation – Health Care
•    Andrew Isakoff, Transportation Law
•    Leslie Jenny, Litigation - Health Care; Medical Malpractice Law - Defendants
•    Tracey McGurk, Litigation – Real Estate

Erie, PA
•    Patrick Carey, Personal Injury Litigation – Defendants
•    Thomas Lent, Medical Malpractice Law - Defendants

Harrisburg, PA
•    Brigid Alford, Insurance Law; Litigation - Insurance
•    Shannon Fellin, Workers’ Compensation Law - Employers
•    Brooks Foland, Insurance Law; Professional Malpractice Law - Defendants
•    Allison Krupp, Insurance Law
•    Michael Mongiello, Medical Malpractice Law - Defendants
•    John R. Ninosky, Litigation, Insurance; Personal Injury Litigation - Defendants
•    Christopher Reeser, Personal Injury Litigation - Defendants
•    Kacey Wiedt, Workers’ Compensation Law - Employers 

Jacksonville, FL
•    Michael DeCandio, Professional Malpractice Law - Defendants; Commercial Litigation; Construction Law; Litigation - Construction
•    Elizabeth Ferguson, Litigation - Construction
•    James Hanratty, Personal Injury Litigation - Defendants

King of Prussia, PA
•    Gregory Kelley, Litigation - Construction
•    Mark Riley, Personal Injury Litigation - Defendants
•    Robin Snyder, Litigation - Health Care
•    Frank Wickersham, Workers’ Compensation Law - Employers 

Mount Laurel, NJ
•    David Blake, Litigation - Insurance
•    Barbara Davis, Personal Injury Litigation - Defendants
•    Lynne Nahmani, Litigation - Health Care
•    Dante Rohr, Commercial Litigation
•    John Slimm, Legal Malpractice Law - Defendants; Professional Malpractice Law - Defendants

Orlando, FL
•    Bradley Blystone, Insurance Law; Medical Malpractice Law - Defendants
•    Thomas Brown, Personal Injury Litigation - Defendants
•    Peggy Bush, Personal Injury Litigation - Defendants
•    Janice Merrill, Litigation - Health Care 

Philadelphia, PA
•    Joanna Buchanico, Insurance Law
•    Josh J.T. Byrne, Professional Malpractice Law - Defendants
•    James Cole, Insurance Law
•    John Gonzales, Employment Law - Management
•    John Hare, Appellate Practice
•    Daniel Krebbs, Personal Injury Litigation - Defendants 
•    J. Bruce McKissock, Commercial Litigation; Personal Injury Litigation - Defendants
•    Michele Punturi, Workers’ Compensation Law - Employers 
•    Daniel Ryan, Jr., Personal Injury Litigation - Defendants
•    Joseph Santarone, Civil Rights Law
•    Christopher Santoro, Product Liability Litigation - Defendants 
•    Josh Scheets, Personal Injury Litigation - Defendants
•    Michael Turner, Mass Tort Litigation/Class Actions - Defendants 
•    Thomas Wagner, Personal Injury Litigation - Defendants

Pittsburgh, PA
•    Thomas Birris, Personal Injury Litigation - Defendants
•    Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation/Class Actions - Defendants; Product Liability Litigation - Defendants
•    Daniel Deitrick, Workers’ Compensation Law - Employers 
•    Douglas LaSota, Litigation - Construction; Mass Tort Litigation/Class Actions - Defendants
•    Christian Marquis, Litigation, Municipal; Personal Injury Litigation - Defendants
•    Patricia Monahan, Insurance Law
•    Ronald Puntil, Jr., Litigation - Health Care; Medical Malpractice Law - Defendants
•    Patrick Reilly, Commercial Litigation; Mass Tort/Class Action - Defendants; Product Liability Litigation - Defendants
•    Dennis Roman, Legal Malpractice Law – Defendants
•    Teresa Sirianni, Litigation - Labor and Employment
•    Stu Sostmann, Product Liability Litigation - Defendants
•    Anthony Williott, Litigation - Health Care; Medical Malpractice Law – Defendants

Roseland, NJ
•    Robert Evers, Medical Malpractice Law - Defendants
•    Justin Johnson, Health Care Law
•    Julia Klubenspies, Medical Malpractice Law - Defendants 
•    Leonard Leicht, Personal Injury Litigation - Defendants
•    Sunny Sparano, Litigation - Construction

Scranton, PA
•    Sarah Argo, Litigation - Insurance
•    Leo Bohanski, Personal Injury Litigation - Defendants; Product Liability Litigation - Defendants
•    Ross Carrozza, Workers’ Compensation Law - Employers
•    Michael Connolly, Personal Injury Litigation - Defendants
•    Matthew Keris, Medical Malpractice Law - Defendants
•    John McGrath, Jr., Insurance Law; Medical Malpractice Law - Defendants; Product Liability Litigation - Defendants 
•    William McPartland, Insurance Law
•    John Nealon, Product Liability Litigation - Defendants
•    Benjamin Nicolosi Jr., Personal Injury Litigation - Defendants; Product Liability Litigation - Defendants 
•    Victoria Scanlon, Medical Malpractice Law - Defendants
•    Michael Sebastian, Workers’ Compensation Law - Employers
•    Thomas Specht, Insurance Law; Litigation - Insurance  

Tampa, FL
•    Michael Archibald, Personal Injury Litigation - Defendants
•    Michael Bradford, Admiralty & Maritime Law; Commercial Litigation; Personal Injury Litigation - Defendants
•    Alicia Caridi, Personal Injury Litigation - Defendants
•    Lindsay McCormick, Litigation - Construction 

Westchester County, NY
•    Ephraim Fink, Insurance Law

Wilmington, DE
•    Tracy Burleigh, Product Liability Litigation - Defendants
•    Sarah Cole, Litigation - Insurance 
•    Bradley Goewert, Product Liability Litigation - Defendants
•    Keri Morris-Johnston, Workers’ Compensation Law - Employers

Our 2024 BEST LAWYERS: ONES TO WATCH

Cleveland, OH
•    Jillian Dinehart, Personal Injury Litigation - Defendants

Fort Lauderdale, FL
•    Holly Hamilton, Financial Services Regulation Law

Harrisburg, PA
•    Brittany Bakshi, Personal Injury Litigation - Defendants

Jacksonville, FL
•    Kathleen Carlson, Insurance Law
•    Sean Reeves, Personal Injury Litigation - Defendants; Product Liability Litigation - Defendants 
•    Kelly Scifres, Workers’ Compensation Law - Employers
•    Corey Setterlund, Insurance Law

Melville, NY
•    Robert Demeusy, Mass Tort Litigation/Class Actions – Defendants; Product Liability Litigation - Defendants
•    Sam Ruggeri, Litigation - Environmental; Mass Tort Litigation/Class Actions - Defendants

Mount Laurel, NJ
•    Christopher DiCicco, Personal Injury Litigation - Defendants; Transportation Law
•    Jeremy Zacharias, Commercial Litigation

New York, NY
•    Danielle Corbisiero, Insurance Law; Personal Injury Litigation - Defendants
•    Elizabeth Driscoll, Insurance Law
•    Brian Ramkissoon, Personal Injury Litigation - Defendants
•    Andrew Thebaud, Personal Injury Litigation - Defendants 

Orlando, FL
•    Nicholas Ferreiro, Personal Injury Litigation - Defendants
•    Carolin Pacheco, Insurance Law

Philadelphia, PA
•    Holli Bott, Health Care Law
•    Melanie Foreman, Product Liability Litigation - Defendants; Transportation Law
•    Adam Fulginiti, Health Care Law
•    Dana Gittleman, Insurance Law; Product Liability Litigation - Defendants
•    Andrew Goldstein, Insurance Law; Personal Injury Litigation - Defendants
•    Tyson Mott, Product Liability Litigation - Defendants
•    Angeline Panepresso, Construction Law; Personal Injury Litigation - Defendants
•    Alesia Sulock, Commercial Litigation
•    Christian Weimann, Mass Tort Litigation/Class Actions – Defendants; Transportation Law

Pittsburgh, PA
•    Gregory P. Graham, Commercial Litigation; Construction Law; Litigation - Construction; Product Liability Litigation - Defendants; Professional Malpractice Law
•    Brad Haas, Insurance Law; Personal Injury Litigation - Defendants; Product Liability Litigation -Defendants
•    Taylor Kosko, Mass Tort Litigation/Class Actions - Defendants; Personal Injury Litigation - Defendants
•    Lauren Purcell, Construction Law; Product Liability Litigation - Defendants
•    Michael Winsko, Product Liability Litigation - Defendants

Roseland, NJ 
•    Paul Lanza, Product Liability Litigation - Defendants; Transportation Law
•    Josie Scanlan, Personal Injury Litigation - Defendants; Product Liability Litigation - Defendants

Scranton, PA
•    Robert Aldrich, III, Health Care Law; Medical Malpractice Law - Defendants

Westchester County, NY
•    Nadia Niazi, Personal Injury Litigation - Defendants
•    Jennifer Robinson, Construction Law

Wilmington, DE
•    Benjamin Durstein, Workers’ Compensation Law

Firm Highlights

Thought Leadership

Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

On July 23, 2026, the Ohio Supreme Court issued a rare opinion on the binding effect of an appraisal award in a property insurance policy.  The Court in One Church held: A binding appraisal award will not be set aside unless an error is so palpably wrong that it undermines the intent of the agreement, such as corruption or gross mistake, not a mere error of judgment—To plead a claim of mistake with particularity as required by Civ.R. 9(B), facts alleged in a complaint must constitute the elements of mistake—Allegation that additional, hidden damage was discovered after appraisal award failed to state a claim of mistake that could justify setting aside binding appraisal.  The case arose out of a claim brought by One Church against its insurer, Brotherhood Mutual Insurance Company for roof damage from a storm. Pursuant to the terms of the insurance policy, the parties agreed to submit the matter to appraisal. The two appraisers inspected the building, and both appraisers agreed that the damages were $313,271.98. The insurer paid the agreed appraised amount.  Thereafter, the insured submitted a claim for an additional $206,663.09 in damages. The insured argued that these additional damages were not discovered until after the repairs began, and that they should be permitted to submit an additional claim, even though there had already been a binding appraisal of damages. The insurer refused to pay the additional damages, and the insured sued for breach of contract and bad faith.  In the trial court, the insurer moved to dismiss for failure to state a claim, arguing that the binding appraisal award barred any further claims. The insured took the position that additional hidden damages could not be discovered until after the repairs began, and therefore there was a mutual mistake. The trial court dismissed the case on the insurer’s motion, because there was no “evidence of fraud, misfeasance, or mistake”. The Court of Appeals agreed that appraisal awards are generally binding, but noted that an appraisal award can be set aside for fraud or manifest mistake. The Court of Appeals reversed and remanded the case to the trial court, finding that the insured had pled mistake with sufficient particularity. The insurer appealed to the Ohio Supreme Court. On appeal, the Ohio Supreme Court reversed the Court of Appeals, and reinstated the trial court decision dismissing the case for failure to state a claim upon which relief can be granted. The Supreme Court found that since the insured had already demanded appraisal, and the appraisal award was binding, “something more than error of judgement, such as corruption in the arbitrator, or gross mistake” must be pled with particularity, and proven for the insured to override the appraisal award. Since the complaint did not allege fraud or manifest mistake with sufficient particularity, something more than a mere error of judgment, the complaint was insufficient to state a claim.  The complaint in this case did not challenge the appraisal award. It pled that additional damages were discovered that were not apparent when the appraisal was done. It did not specify “who discovered the damages, how they were discovered, where they were found, why they were previously hidden, or why they rise to the level of a manifest mistake that the “appraiser would have corrected...had it been called to his attention”. Id at ¶22 citing Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970). Cases deciding the effect of appraisal awards are unusual. The Ohio Supreme Court’s decision in One Church relies primarily on 19th century case law for its conclusion. This emphasizes the fact that there is minimal case law deciding the effect of binding appraisal clauses in property insurance policies, and makes this case all the more significant. A lengthy dissent was written by Justice Fisher, who would have affirmed the Court of Appeals decision reversing and remanding the case for a decision on the merits. Of course, the decision works both ways, and an insurer dissatisfied with a binding appraisal award will likewise be without further recourse absent evidence of corruption, fraud, misfeasance, or manifest mistake, which must be pled with particularity. To constitute manifest mistake, “the mistake must be of such character that the arbitrator or appraiser would have corrected it had it been called to his attention.”  Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970).  The majority opinion does not specifically identify what would have been sufficient to plead mistake with particularity, or if the insured could have amended the complaint to overcome the deficiencies. The dissent argues that this was not really a case alleging mistake, but rather a question of contract interpretation. The insured did not challenge the appraisal, but argued that the hidden damage was not part of the appraisal, and the appraisal only covered the known damages.  However, this argument did not carry the day with the majority.  *Thomas F. Glassman, a shareholder in Marshall Dennehey’s Cincinnati office, filed a brief in the Ohio Supreme Court on behalf of the Ohio Association of Civil Trial Attorneys, in support of the insurer’s position.

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.