.

Sharon M. O'Donnell

Portrait of Sharon M. O'Donnell

Sharon is a highly experienced professional liability attorney who defends private and public entities in a wide array of education law, employment law and civil rights litigation. Her clients range from self-insured corporations, to school districts and other private and public entities insured under errors & omissions, directors & officers, professional liability and employment liability practices insurance policies. 

Sharon has successfully defended some of the most high-profile school district litigation in the state of Pennsylvania. She defends school districts in due process matters brought under the Individuals with Disabilities in Education Act and related federal and state statutes where a free appropriate public education (FAPE) is typically disputed, or related educational services are challenged relating to both gifted and disabled students. She has defended clients before the Pennsylvania Department of Education and the Pennsylvania Special Education Office for Dispute Resolution. 

In the arena of employment law, Sharon defends claims alleging unlawful discrimination, wrongful termination and retaliation matters involving Title VII actions, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Rehabilitation Act, and other similar federal statutes. She has also defended lawsuits brought under the Pennsylvania Whistleblower Law. She is accustomed to defending employment law clients in actions brought before the Pennsylvania Human Relations Commission, Equal Employment Opportunity Commission, and the Office of Civil Rights.

    • Widener University Delaware Law School (J.D., 1996)
    • King's College (B.A., magna cum laude, 1990)
    • Pennsylvania, 1997
    • Pennsylvania Super Lawyer Rising Star (2005)
    • Harrisburg Style Magazine, December, 2015, "Select Lawyers," (peer rated) in Education and Employment Discrimination Law
    • American Bar Association
    • Dauphin County Bar Association
    • Pennsylvania Bar Association
    • Education Law and related statutory and legal updates to various school districts, insurance companies and professional associations, 2005-2015
    • Employment Law and related statutory and legal updates to various school districts, insurance companies and professional associations, 2005-2015
    • Pennsylvania Special Education Law Seminar, National Business Institute, December 2, 2011
    • Lawfully Managing Student Records Without Violating Privacy Rights, National Business Institute, June 6, 2013
    • Hot Topics in Employment Law, Cumberland County Society for Human Resource Managers, 2002
    • "U.S. Supreme Court Pulls the Plug on DOMA and Opens the Floodgates to Litigation," Defense Digest, Vol. 19, No. 3, September 2013
    • "A Judgment that Doesn't Bear Repeating," PBA Civil Litigation Section Newsletter, Civil Litigation Update, Vol. 6, No. 1, Winter, 2001
    • "Plaintiff Rues Preclusive Effect of Workers' Compensation Decision in Third Party Tort Action," Defense Digest, June Vol. 6, No. 3, 2000
    • "Pennsylvania Bar Claims for Sexual Assault Where Repressed Memory Delays Commencement of Suit," Pennsylvania Bar Association Quarterly, Vol. 69, No. 4, Oct., 1998
    • "Repressed Memory of Sexual Assault Does Not Trigger Discovery Rule," Pittsburgh Legal Journal, Vol. 123, No. 223 Daily Ed., Nov. 25, 1997
    • The School I Deserve, by Jo Napolitano, 2021. Sharon was interviewed and quoted in this book regarding her representation of the subject matter school district.
    • 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 father’s girlfriend, all visitors of a major Pennsylvania theme park, sued the owner of a park 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. They also alleged they were kicked out of the park. The kiosk owner argued that while the caricatures might have been poorly drawn, they were not drawn in any manner intended to be offensive, and while they were happy to see the angry father leave their kiosk, the family was not kicked out of the park. The Judge determined on summary judgment that no reasonable jury could find in favor of the plaintiffs on all three claims and dismissed the action.
    • Defense Verdict:  Alleged racial discrimination case brought by a former African American seventh grade mathematics teacher for a suburban Philadelphia school district, who, although tenured, was informed by his union president that he could be terminated after two unsatisfactory performance evaluations.  Having already received one, and with one likely on the way, he chose to resign.  Three months thereafter he read his own name in the local newspaper amongst various racial slurs that had been exchanged between the former superintendent of the school district and its athletic director. A jury found that his separation from his employment was not based upon his race.
    • Defense verdict in favor of public school, administrators and professional staff alleged to have violated civil rights of freedom of speech, written expression and religious expression of students by disciplining them, up to and including expulsion, for protesting a dress code policy.
    • Directed verdict in favor of a public school board sued by a former member, represented by ACLU attorneys, on a theory of a First Amendment violation of free speech, among other claims, which were voluntarily abandoned prior to trial.
    • Defense verdict by a federal jury in favor of a local college in an alleged unlawful retaliation claim where all alleged Title VII race discrimination claims were voluntarily abandoned on the eve of trial.
    • Defense verdict by a county jury in favor of a credit collection agency alleged to have unlawfully withheld salary and commission to a former executive.
    • Defense verdict on ten separate counts of alleged unlawful gender discrimination by a federal jury in a three-week trial.
    • Defense verdict by county jury in favor of a medical professional by a former patient who alleged negligence in performing bilateral reduction mammoaplasties.
    • Summary judgment in a professional negligence action brought against a psychologist alleged to have breached the standard of care when she dated and married the husband of a client within two years of providing the last client service.
    • Summary judgment on various claims, including 42 U.S.C. 1983, brought in a complex federal court action under the Americans with Disabilities Act against a county District Attorney and his professional staff in which exemplary and significant compensatory damages were sought, resulting in an overall satisfactory outcome.
    • Summary judgment for a defendant general practice physician who provided medical care to a prison inmate who alleged First, Fourth, Fifth, Eighth, and Fourteenth Amendment violations against the facility and its medical staff.
    • Summary judgment on behalf of a defendant breast surgeon alleged to have breached the standard of care in performing and following bilateral TRAM flap reconstruction procedures following bilateral mastectomies.
    • Summary judgment for employer of supervisor-employee who sent text-message with racial epithets to subordinate of color in demonstrating that internal investigation and corrective measures were sufficient to eradicate perception of a racially hostile work environment.
    • Mediation resulting in a $250,000 settlement in a professional liability action against an architect alleged to have breached the standard of care where over $1 million in damages were sought for the repair and reconstruction of a commercial property.
    • Mediation resulting in a $50,000 settlement in an action against an acute care facility and anesthesiologist involving alleged wrongful termination of a nurse anesthetist whose wage loss claim alone was $250,000.
    • Mediation resulting in a settlement under six figures in an alleged race discrimination and unlawful retaliation claim brought by a former assistant superintendent of a school district in which the claimed damages, including attorneys fees, exceeded $1 million.

Results

Thought Leadership

Legal Updates for Employment Law

OSHA’s New Emergency Temporary Standard Suspended for Now

November 18, 2021

Key Dates: Effective Immediately and Until Further Notice Effective November 16, 2021, the Occupational Safety and Health Administration SUSPENDED its November 4, 2021, Emergency Temporary Standard (ETS) that requires private employers with 100 employees or more to mandate COVID-19 vaccinations for employees or, alternatively, for those employees who are exempt, to require continued use of face coverings and the need to show weekly proof of a negative COVID test result.  OSHA’s ETS suspension arrived on the heels of several lawsuits challenging the constitutionality of the ETS which are now being litigated across the country and will be consolidated for appeal before the 6th Circuit Court of Appeals and are likely making their way, ultimately, to the United States Supreme Court.  For now, at least, it appears that all previously announced deadlines for implementation of the ETS by private employers are suspended. Stay tuned for more updates as this fluid and evolving situation develops.   Legal Updates for Employment Law - November 18, 2021, has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2021 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved.

Legal Updates for Employment Law

COVID-19 Update: New OSHA Regulatory Standard Mandating COVID-19 Vaccinations for Large Employers

November 11, 2021

Key Compliance Dates: December 6, 2021; January 4, 2022            In June of 2021, OSHA filed its plan and reasoning for a new temporary regulatory standard for large employers (i.e., those with 100 employees or more) for the purpose of enforcing the President’s policy of mandating COVID-19 vaccinations. On November 5, 2021, that new standard became effective. In a nutshell, the Emergency Temporary Standard (ETS), found at 29 C.F.R. §1910, Subpart U, is broken down into five subparts, addressing: Vaccination, Testing and Face Coverings (1910.501), Healthcare (1910.502), Mini Respiratory Protection (1910.504), Severability (1910.506), and Incorporation by Reference (1910.509). The section anticipated to have a ubiquitous reach is the first, relating to Vaccination, Testing and Face Coverings. Indeed, this section requires all employers subject to the ETS have in place a policy that: mandates vaccinations by either Pfizer, Moderna or Johnson & Johnson; exempts the mandate for approved reasons, including medical advice against it, sincerely held religious beliefs against it, or situations where it doesn’t apply at all—such as employees who do not come into contact with co-workers or customers, employees who work in an office space completely closed off from other office spaces, employees who work from home or employees who work outside; and requires that those employees exempt from the ETS wear face coverings at all times inside a building or in a car if on company business accompanying others. It further requires those employees to be tested for COVID-19 every seven days and turn those results into the employer, beginning on January 4, 2022. The ETS also requires employers to track and maintain data and documentation on each employee regarding their COVID vaccination status so that if OSHA must do an investigation based upon a complaint, that information is available for inspection. Importantly, this will require employers to collect and maintain (in a separate confidential medical file) each employee’s proof of vaccination and every COVID-19 test result for those employees who are exempt from the mandate. The ETS further protects “whistleblowers” and creates a standard for non-retaliation for anyone who makes a complaint to OSHA without regard to its merit. The ETS requires the employer to separate a non-compliant employee from the workplace unless and until the employee provides a current, negative COVID-19 test result. Significantly, there is no requirement for the employer to maintain a non-compliant employee on its payroll, nor is there a requirement for the employer to pay for the COVID tests that all exempt employees are required to take beginning in January 2022. While legal challenges to the ETS were fully expected and those lawsuits have already been filed, including one Court of Appeals staying the enforcement of the ETS until the challenge can be fully heard, employers should nonetheless put the necessary measures in place to comply with the ETS requirements now by creating all required policies, assuming that OSHA is successful in defeating the pending challenges. Failure to comply with this mandate could result in significant monetary penalties to employers if OSHA determines that an employer failed to have the required policy in place and also failed to enforce that policy with respect to all of its employees. For more information about how to implement and enforce this ETS in your organization, please contact RKODonnell@mdwcg.com, Chair, Employment Law Practice Group, Marshall Dennehey.   Legal Updates for Employment Law – November 11, 2021, has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2021 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved

Firm Highlights

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 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, four of the firm’s attorneys received the Best Lawyers® 2027 “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 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants

Thought Leadership

Commonwealth Court Holds That a Claimant Who Was Struck By a Car While Crossing the Street During an Unpaid Break Was In the Course and Scope of Employment

This case involved a claim petition filed by a claimant who sustained injuries after being struck by a vehicle while crossing the street in front of the employer’s premises. The employer denied the claim based on course and scope, as the accident occurred during one of two mandatory fifteen (15) minute breaks provided to the claimant. The claimant would punch out at the beginning of a break and punch back in when the break was over.  On the date of the incident, the claimant punched out and left the building to get lunch at a restaurant, which required her to cross the employer’s parking lot, and then a public street, where the injury occurred. The Workers Compensation Judge (WCJ) dismissed the petition, noting that that during the two mandatory fifteen-minute breaks per shift allowed by the employer, the claimant was free to leave the employer’s premises, and during breaks, permitted to engage in whatever activity she desired. The WCJ found that at the time of the accident, the claimant was on her own time, in the middle of the street, and going to get lunch.   The claimant filed an appeal with the Worker’s Compensation Appeal Board (Board), and the Board reversed.  According to the Board, the claimant’s location was still on the employer’s premises, as the claimant was taking her customary route while using a reasonable ingress/egress from the employer.  Further, the Board found that the “Personal Comfort Doctrine” applied, as the claimant was on a momentary departure to take care of her personal comfort, within the window of time she was allotted for her break.  The Board remanded the case, and a WCJ granted the claim petition.  The Board affirmed, and the employer appealed to the Commonwealth Court. Before the Court, the employer argued that the claimant was not in the course and scope of her employment, because the injury did not occur on its premises, and the claimant was outside the bounds of the Personal Comfort Doctrine. The Court, however, rejected these arguments, and dismissed the employer’s appeal.  The Court noted that the break given to the claimant was so cursory, when she set out to relieve her hunger for her own personal comfort,  she remained in the course of her employment when she sustained her injuries.  A Petition for Allowance of Appeal in the Supreme Court has been filed by the Employer, Giant Eagle.

Thought Leadership

Pennsylvania Superior Court Confirms RESDL Claims Are Subject to a Two-Year Statute of Repose

The Pennsylvania Superior Court recently concluded that claims under the Real Estate Seller Disclosure Law (“RESDL”) are subject to a two-year statute of repose running from the settlement date. This decision will further assist defending errors and omission claims against real estate agents as it bars any RESDL action commenced more than two years after the settlement date regardless of when the defect was discovered.  In Hollinger v. Deitrich, 2026 Pa. Super. LEXIS 328 (June 23, 2026), the buyers entered into an agreement of sale in April of 2017 to purchase a residential property. The settlement occurred in June of 2017. The buyers reviewed the seller disclosures that revealed the property had a sump pump in working order and a sump pit. The disclosures further noted no water infiltration into the basement, but disclosed rehab, an addition to the property and prior sewage backup.  Shortly after the settlement and closing, the buyers experienced flooding in their basement. In March of 2020, the buyers filed suit against the seller, the buyers’ real estate agent and broker and the seller’s real estate agent and broker alleging various causes of action including a violation of RESDL. The buyers alleged that they sought assurances from the agent defendants that no water infiltration occurred on the property. They further alleged that both agents lived in the area and should have known about the neighborhood water infiltration issues. The trial court granted summary judgment for the seller and the seller’s agents and dismissed the RESDL violation.  Relying on the Supreme Court’s decision in Gidor v. Mangus d/b/a Mangus Inspections, 345 A.3d 629 (Pa. 2025), the court explained that a statute of limitation begins to run from the time of the injurious occurrence or a discovery of the same. However, a statute of repose runs for a statutorily determined period after a definitively established event. Notably, a statute of repose eliminates a cause of action regardless of when the claim accrues. Because of this, a plaintiff may not invoke the discovery rule or other equitable tolling considerations.  RESDL requires that an action for damages, as a result of a violation of this chapter, must be commenced within two years after the date of final settlement. The court found that Section 7311(b) was clear and unambiguous that an action for damages pursuant to this chapter must be commenced within a certain time after a definitely established event that is independent of any injury or discovery of any injury. Since the buyers sued over two years after closing on the property, their statutory claims were time-barred. The court explained that the seller disclosure statement could not support common law or consumer protection claims, as using it would improperly expand remedies beyond the statute’s terms. Accordingly, the court upheld the trial court’s summary judgment ruling that the buyers’ claims under RESDL were barred by the statute of repose.  Accordingly, defense counsel should scrutinize complaints involving RESDL claims to ensure that such claims have been timely brought within two-years of the settlement date. A plaintiff will no longer be able to invoke the discovery roll to expand the time frame.

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. 

Thought Leadership

Not So Fast. . . The Limitations of the Pennsylvania RELRA in Plaintiffs’ Civil Actions Against Real Estate Broker and Licensee Defendants

Much has been made of the importance and weight of the Pennsylvania Real Estate Licensing and Registration Act, 63 P.S. §§ 455.101, et. seq. (RELRA or Act). After all, a real estate broker generally cannot recover any commission absent a signed agreement that complies with RELRA. But can a plaintiff rely on RELRA as a distinct cause of action in a civil action as to a real estate broker or licensee defendant? The Superior Court has emphatically held that he or she cannot. In the unpublished opinion P. Perez Real Est. Holdings, LLC et. al. v. Home Sale Real Est. Servs., Inc., et al., No. 256 MDA 2025, 2025 WL 35389888 (Pa. Super. Ct. December 10, 2025), the Superior Court held that the Act “does not contemplate private actions for money damages as an enforcement mechanism and consequently, does not create a private cause of action.” citing Schwarzwaelder v. Fox, 895 A.2d 614, 620 (Pa. Super. 2006). While the Act authorizes the Bureau of Professional and Occupational Affairs, State Real Estate Commission, to regulate the conduct governed by RELRA, the Act alone does not create a stand-alone legal cause of action as to a broker-defendant in a civil action. See P. Perez, citing Schwarwaelder at 620. Nor can it be stated that RELRA creates or imposes any legally cognizable duties on real estate brokers or licensees. While the Act contains and refers to general concepts of duty (e.g. the agent must “exercise reasonable professional skill and care which meets the practice standards required by this act” and “to deal honestly and in good faith” 63 P.S. §§606.1 (a)(1),(2), or the broker has a duty to the buyer of property to take “action that is consistent with the buyer’s interest in transaction.”  63 P.S. §§606.3 (1)), these general concepts are secondary to the duties imposed by the required written agreement between the broker and consumer. For example, in P. Perez, a case in which the buyers-plaintiffs argued that the real estate broker failed to investigate recent legislation that would affect buyer’s intentions to convert the property to commercial space, the agreement between buyer and broker contained the following provision in the “Buyer’s Due Diligence” clause: Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent examination or determination of the structural soundness of the property, the age or condition of the components, environmental conditions, the permitted uses, nor of conditions existing in the locale where the property is situated. . . Accordingly, the broker defendants expressly disclaimed any duty to buyers to inform them or determine whether any applicable zoning classifications, laws, or ordinances in the township applied to the properties in question. Moreover, the Superior Court refused to read provisions of the Act into the Agreement, citing Skiff re Buss, Inc. v. Buckingham Review, LP, 991 A.2d 956 (Pa. Super. 2010). In defending civil actions it is important for the defense attorney to identify any causes of action predicated solely on RELRA. Preliminary objections may be warranted to the extent that the plaintiff asserts RELRA as a stand-alone cause of action for monetary damages, a position struck down by the Superior Court of Pennsylvania in P. Perez.  Moreover, any attempt to create or heighten duties as to the broker defendants may be countered by the general proposition that the courts will not inject the vague concepts of “reasonable professional skill” or “good faith” where the written agreement has express provisions regarding the duties of the parties. Ironically, although RELRA is an important Act with which all realtors, brokers, and licensees should be familiar to guarantee that their commissions are in fact timely paid, it is not a strong stand-alone mechanism for a plaintiff’s attempts to recover monetary damages in a civil action.