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Defense Digest

On the Pulse…Disciplinary Board Representation Practice Group: Trust the Process

Defense Digest, Vol. 30, No. 2, June 2024

June 1, 2024

by Josh J.T. Byrne

While everyone likes surprises, not all surprises are well-liked, and this is especially true if you receive notification from a state disciplinary board that your actions have been reported as violating the code of conduct governing your profession. Should you receive notification from a disciplinary board, court, or agency that you are being reported or investigated for potential violations of the code of conduct governing your profession, turn to Marshall Dennehey.

Our attorneys are well-versed in the procedures and process of defending attorneys and professionals from allegations of ethics violations, and we understand the delicate balance between vigorously contesting discipline and accepting responsibility for errors that is required in this area of practice. 

We defend and advise all manner of licensed professionals facing potential professional discipline before the disciplinary boards, courts, and/or agencies in Pennsylvania, Ohio, New York, New Jersey, Connecticut, Delaware, and Florida.

In addition to lawyers and judges, we represent accountants, realtors, property managers, medical professionals, and more. As a trusted leader in this area of law, clients can rely on the depth of our experience defending these matters, combined with our physical office presence in each of the above jurisdictions.

In Pennsylvania, shareholders, Alesia Sulock, Aaron Moore, Jay Rothman, and myself, primarily handle disciplinary board cases in the eastern part of the state, while shareholder, Scott Eberle, handles matters in the west. Additional shareholders overseeing and managing this litigation are Andrew Marchese in Florida; Howard Mankoff and Will Waldron in New Jersey; and Nicholas Chrysanthem in New York. 

Our ability to collaborate on legal strategy and coordinate defense efforts between our respective offices allows our clients to realize significant cost-savings. We facilitate timely outcomes in disciplinary matters so that our clients can continue their professional activities with minimal interruption. Our goal is to effectively advocate for clients throughout the disciplinary process, while also being cognizant of the clients’ cost and time expenditures.

We are regularly able to achieve outcomes in disciplinary matters which prevent the allegations from becoming public, either succeeding in having claims dismissed at the pre-complaint stage or achieving private discipline. Recent results we have obtained on behalf of clients include the dismissal of an ethics grievance; dismissal of a disciplinary complaint involving IOLTA funds; the successful representation of an attorney at the center of an ethics investigation; the negotiation of a private reprimand for a client; and more.

We welcome the opportunity to work with you in addressing any disciplinary matters that you may be faced with. We will strive to ensure that your options are understood and your interests are protected as we navigate the process together. 

*Josh works in our Philadelphia, Pennsylvania, office. 


 

Defense Digest, Vol. 30, No. 2, June 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2024 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

New Jersey Appellate Division Affirms Recreational Immunity for County Under Landowners' Liability Act

In a recent unpublished decision in Matthew Kuzma, etc. v. Middlesex County Parks Department, et al., the New Jersey Appellate Division affirmed summary judgment in favor of Middlesex County Parks Department, holding that the county was immune from liability under New Jersey's Landowners' Liability Act (LLA), notwithstanding its failure to plead the immunity as an affirmative defense in its answer to the Complaint. The case arose from injuries sustained by fourteen-year-old plaintiff, Matthew Kuzma, while playing basketball at Spring Lake Park in South Plainfield on August 23, 2019. The plaintiff observed a crack in the basketball court before beginning to play but did not consider it dangerous. During the game, his foot became caught in the crack, causing him to fall and suffer a significant ankle injury. The plaintiff alleged that the injury resulted in ongoing physical limitations and deprived him of the opportunity to play collegiate basketball. The plaintiff filed suit alleging that the defendants negligently maintained the basketball court. Although the county did not assert LLA immunity as an affirmative defense in its answers, it later moved for summary judgment on that basis. The plaintiff opposed the motion, arguing that the county had waived the defense by failing to plead it. The county maintained that the plaintiff had received sufficient notice of its intent to rely on the LLA through discovery and therefore suffered no unfair surprise or prejudice. The trial court agreed and granted summary judgment, concluding that the county should be permitted to invoke statutory immunity notwithstanding its failure to formally plead the defense. Relying heavily on the New Jersey Supreme Court's guidance in Arias v. Cnty. of Bergen, holding a county park was subject to the immunity of the LLA, the Appellate Division affirmed, holding that the county's failure to plead LLA immunity did not preclude reliance on the defense under the circumstances presented. The court determined that the plaintiff had received adequate notice of the immunity claim through discovery and that permitting the defense furthered the public-policy objectives embodied in the LLA. In affirming dismissal, the Appellate Division acknowledged the seriousness of the plaintiff's injury and the general societal interest in maintaining parks and recreational facilities in a safe condition. However, the court emphasized that both the legislature and the New Jersey Supreme Court have expressed a clear policy choice to limit liability for public and private landowners who make recreational property available for public use. The decision reinforces the courts' continuing adherence to the Landowners' Liability Act and the principle that recreational lands and facilities should be broadly protected from liability exposure, even in cases involving significant personal injuries.