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Defense Digest

On the Pulse…Other Notable Achievements

Defense Digest, Vol. 29, No. 3, September 2023

September 1, 2023

RECOGNITION

121 Marshall Dennehey Attorneys Recognized in the 2024 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 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. 

Marshall Dennehey Named a Finalist in The American Lawyer Regional Litigation Departments of the Year Awards for New Jersey and Florida
Marshall Dennehey has been named a finalist in The American Lawyer Regional Litigation Departments of the Year awards in both New Jersey and Florida. Winners will be announced at Law.com’s annual awards gala in New York, NY on November 15, 2023.

Five Marshall Dennehey Attorneys Selected to the 2023 Florida Super Lawyers List
Five attorneys from the Florida offices of Marshall Dennehey have been selected to the 2023 edition of Florida Super Lawyers magazine. A Thomson Reuters business, Super Lawyers is a rating service of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Marshall Dennehey Announces 2023 Pennsylvania Super Lawyers and Rising Stars
Twenty-seven attorneys across Marshall Dennehey's six Pennsylvania offices have been selected to the 2023 edition of Pennsylvania Super Lawyers magazine. A Thomson Reuters business, Super Lawyers is a rating service of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. 

Marshall Dennehey Announces 2023 New Jersey Super Lawyers and Rising Stars
Eight attorneys from Marshall Dennehey’s Mount Laurel and Roseland, New Jersey offices have been selected to the 2023 edition of New Jersey Super Lawyers magazine. A Thomson Reuters business, Super Lawyers is a rating service of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Marshall Dennehey Continues “Best Places to Work” Streak for 11th Year
For the 11th year in a row, Marshall Dennehey has been selected one of the Philadelphia region's "Best Places to Work" by the Philadelphia Business Journal. The award recognizes the company's achievements in creating a positive work environment that attracts and retains employees through a combination of benefits, working conditions and company culture.

Clients Name Marshall Dennehey to the BTI Client Service 100
Marshall Dennehey has earned a coveted spot in the BTI Client Service 100 report, as recommended by corporate counsel. The report is based on research with more than 24,000 buyers of professional services, who rank firms according to performance of 17 activities that drive superior client relationships. Among the report’s findings, Marshall Dennehey was also one of only 50 law firms named to the BTI Midsize Client Service Masters list. The survey is one of the leading measures of its kind. Rankings are purely research-driven and are not subject to law firm submissions, self-referrals, suggestions, or payments.

Bradley Blystone Recognized as Notable Managing Partner by Florida Trend's Legal Elite
Bradley P. Blystone, shareholder and managing attorney of Marshall Dennehey's Orlando, Florida office, has been selected a Notable Managing Partner by Florida Trend Legal Elite. The award recognizes attorneys who have made a measurable and specific impact not only in their legal practice but also in their community.

 

OTHER NEWS

Kimberly Kanoff Berman (Fort Lauderdale, FL) was appointed to two new positions. First, she has been appointed Vice Chair (Live Programs) of the CLE Committee, Appellate Practice Section of the Florida Bar and, second, as Secretary of the Florida Supreme Court Historical Society.

Ryan Hauck (Pittsburgh, PA) has been elected by his peers to a second term on the Council of the Allegheny County Bar Association’s Workers’ Compensation Section. The committee supports the resolution of problems that are identified within the practice of workers’ compensation via interaction with the Bureau of Workers’ Compensation and its administrative personnel.

Peggy Smith Bush (Orlando, FL) received the University of North Alabama 2023 Alumni Award for Public Service. She was honored for her strong commitment to professional and community activities that have benefited others over the course of her career.

Matthew Keris (Scranton, PA) was named the recipient of the Defense Research Institute (DRI) Foundation Community Service Award. The award honors a DRI member who has  demonstrated a commitment to the well-being of the general public by initiating or participating in programs which have a positive impact on the community. Matt has been active in the leadership of DRI and is the outgoing President of the DRI Foundation which provides support to DRI members and their communities. Proceeds raised by the Foundation go directly to funding DRI charitable initiatives including community service, member attorney support programs, disaster recovery, support for the judicial system, and diversity programming.

 

PUBLISHED ARTICLES

Samuel Cohen and Ryan Friel (both in Philadelphia, PA) authored “FINRA Proposal Creates Urgency for Brokers Seeking Expungement of Customer Complaints,” which appeared in the May 4, 2023, edition of The Legal Intelligencer.

Brad Haas’ (Pittsburgh, PA) article, “Tracking the Truth: Utilizing App Data in Personal Injury Defense,” was published in the July 6, 2023, edition of The Legal Intelligencer.

Holly Hamilton’s (Fort Lauderdale, FL) article, “Consider the Charge Before Responding to An EEOC Investigation,” was published on the PLUS Blog on June 22, 2023.

John Hare (Philadelphia, PA) and Pennsylvania Superior Court President Judge Jack Panella authored a publication entitled 125 Years of Justice, which is a history of the Superior Court that will be presented during an event commemorating the Court’s 125th anniversary. Also, John authored an article entitled “Medical Malpractice Venue Un-Reform” in the Claims Judicial and Legislative Affairs (CJLA) Quarterly Digest. John was also quoted in The Philadelphia Inquirer article, “Jury Verdicts Like the $183 Million Award Against Penn Medicine Can Be Tied Up for Years, But Usually Stand.”

William Murphy’s (Roseland, NJ) article “The Implications of Remote Work on Workers’ Compensation” was published in the June 6, 2023, edition of The New Jersey Law Journal.

Tony Natale (Philadelphia, PA) authored the article, “Why Do Claimants Lie? Because They Can and Swift Prosecution Is the Only Way to Deter It,” appearing in the June 2023 issue of CLM Magazine.

“Why Your Mental Health Matters to the Disciplinary Board,” by Josh Byrne and Alesia Sulock (Philadelphia, PA) was published in the May 16, 2023, edition of The Legal Intelligencer. On July 14, The Legal Intelligencer published “You Diligently Protect Your Clients; What About You? Part 1 (The Beginning),” also by Alesia and Josh.

David Tomeo (Roseland, NJ) authored the article, “Turnabout Is Fair Play: When an Expert Switches Sides on the Eve of Trial,” appearing in the New Jersey Law Journal’s Medical Malpractice Supplement.

Eli Hassinger (Philadelphia, PA) authored the article, “Pa. High Court Doubles Down on the Workers’ Comp Act’s Exclusivity Provision,” for Pennsylvania Law Weekly. 

 

SPEAKING ENGAGEMENTS

Mohamed Bakry and Mike Turner (both of Philadelphia, PA) presented “Know Your Worth: Promotion, Rate, and Salary” at the DRI Diversity for Success Seminar.

Jeffrey Bates (Philadelphia, PA) presented “Anatomy of a Lawsuit” at the annual meeting of the Pennsylvania Prosthodontic Association.

Michael Bradford (Tampa, FL) presented “Here Comes the Boom: Cranes and Accidents” at the recent Florida Defense Lawyers Association Conference.

Ryan Burns (Fort Lauderdale, FL) presented “Florida’s Tort Reform” to members of RIMS Broward County Chapter.

Josh Byrne (Philadelphia, PA) spoke to the Monroe County Bar Association on legal malpractice avoidance.

Samuel Cohen (Philadelphia, PA) presented “Educational and Technology Tools that May Save you in the Long Run if you are Named in an Arbitration/Lawsuit” at the Annual IBDC-RIAC Risk Management Conference in Park City, Utah.

James Cole (Philadelphia, PA), Jeffrey Rapattoni (Mount Laurel, NJ) and Christopher Woodward (Harrisburg, PA) were featured speakers at the 2023 Pennsylvania Insurance Fraud Conference. Jim and Chris presented “Untying Tangled Titles – How Property Insurance Drives Fraud,” and Jeff presented “Legal Update.”

Lee Durivage (Philadelphia, PA) co-presented “You Have Headaches? We Have Solutions” at the Public Risk Management Association Annual Conference.

Benjamin Durstein and Keri Morris-Johnston (Wilmington, DE) were featured speakers at the Workers’ Compensation Seminar 2023, co-hosted by the Delaware State Bar Association and Industrial Accident Board. Ben was a panelist for “Ethics and the Duty to the Tribunal and Opposing Counsel,” while Keri participated as part of a panel discussing “The Legal Implications of Successive Injuries.”

Scott Eberle (Pittsburgh, PA) spoke to the Westmoreland County Bar Association on legal malpractice avoidance. 

Scott Eberle (Pittsburgh, PA) and Alesia Sulock (Philadelphia, PA) presented on a panel discussion, “Avoiding Legal Malpractice,” on behalf of the Pennsylvania Bar Association and in connection with the Pennsylvania Bar Institute. The presentation was a live broadcast to several hundred attorneys across Pennsylvania.

Linda Wagner Farrell (Jacksonville, FL) was a faculty member at the Office of Judges of Compensation Claims “Work Comp Academy 2023: The Next Generation.” Linda presented on evidence and trial memorandum.

John Gonzales (Philadelphia, PA) spoke at the 110th Annual Pennsylvania Chiefs of Police Association Annual Conference and Seminar. John spoke on “Recent Trends in Police Civil Rights Litigation.”

John Hare (Philadelphia, PA) presented a seminar on civil litigation developments for the Pennsylvania Coalition for Civil Justice Reform. The seminar was held at the Pennsylvania Manufacturers Association facility in Harrisburg and was attended by representatives from more than forty insurance carriers and corporations. John also presented the “Pennsylvania Supreme Court Update” at the annual Appellate Update CLE course for the Pennsylvania Bar Association.

Matthew Keris (Scranton, PA) and fellow panelists discussed the criminalization of health care errors at the Medical Professional Liability Association annual conference. Matt was also a panelist at the fourth annual American Legal Connections Healthcare Symposium in Atlanta, Georgia. Matt joined a distinguished panel of speakers to discuss “Criminal Prosecutions: Dobbs and the Future of Care.”

Mark Kozlowski (Scranton, PA) presented “FLSA – Wage and Labor Laws” for NEPA SHRM (Northeast Pennsylvania Chapter of Society of Human Resource Management). This was the second presentation in a four-part HR 101 series Mark is participating in for NEPA SHRM.

Estelle McGrath (Pittsburgh, PA) presented a webinar, “How to Avoid Mistakes with Mismanagement of Life & Health Claims,” with members of NAPA (National Association of Professional Agents).

Missy Minehan (Harrisburg, PA) presented “Trends, Tips & Tricks in the Defense of Long-Term Care Facilities” at the Pennsylvania Association for Health Care Risk Management conference.

A.C. Nash (Fort Lauderdale, FL) was in New York City to present “Civil Rights for Uncivil Times” at the International Association of Claims Professionals’ 2023 Conference. 

Jeffrey Rapattoni (Mount Laurel, NJ) presented “Top 10 Cases Impacting Fraud Fighting & the SIU” at the IASIU New England Chapter’s Annual Seminar.

Courtney Schulnick (Philadelphia, PA) was part of a panel for the Philadelphia Law Department’s annual CLE program held at the Pennsylvania Convention Center. During this two-hour CLE, Courtney was joined by Alison Lintal, Esq., visiting Assistant Professor of Law and Director of the Externship Program at Penn State University Dickinson Law School and Dena Lefkowitz, Esq., author, business and career coach for lawyers. The panel discussed Emotional Intelligence (EI) and how it can help attorneys to handle interpersonal relations judiciously and empathetically. Courtney focused on mindfulness practices that can help us step out of reactivity and choose how to most skillfully respond, whether it’s trying a case in court, dealing with a difficult adversary, serving the needs of our clients, working together with colleagues, or caring for a loved one.

Jack Slimm (Mount Laurel, NJ) spoke at the Camden County Bar Association webinar “Mediation Process & Techniques in Civil & Chancery Disputes: Producing the Best Results for Your Client.” 

Sunny Sparano (Roseland, NJ) spoke at the New Jersey Institute for Continuing Legal Education 2023 Construction Law Forum. The title of her session was “Coordinating the Design Defense.” 

Frank Wickersham (King of Prussia, PA) presented “One Less Zombie in the Workers’ Compensation Apocalypse” at the CLM 2023 Workers Compensation, Casualty & Risk Management Conference.

Heather Byrer Carbone (Jacksonville, FL) was a featured speaker at the 77th Annual Workers’ Compensation Institute Educational Conference & 34th Safety & Health Conference on August 22 in Orlando. Heather joined a panel that presented “Hot Topics for Attorneys,” which delved into the most important and controversial case law decided by the Florida appellate courts and the most relevant amendments to the law enacted by the Florida Legislature.

Jeremy Zacharias (Mount Laurel, NJ) presented “Commercial Real Estate Transactions: From Handshake to Closing” at the NJICLE seminar.

Kimberly Berman (Fort Lauderdale, FL) was a panelist on The Florida Bar Appellate Practice Section’s Audio Webcast, “A Not-So-”Little” Problem With Precedent: Intra-District Conflicts in Florida’s District Court of Appeals.” The webcast explored the question of what happens when two panels of the same appellate court disagree—which opinion controls future disputes? Kimberly and her co-presenters discussed the historical jurisprudence underpinning the debate, and gave advice for lawyers who confront intra-district conflicts in their own cases. More than 100 judges and appellate law practitioners attended the program.

Andrea Rock (Philadelphia, PA) presented a webinar as part of the Philadelphia Bar Association Workers’ Comp Compliance Crusher 2023: Update on Important Issues in Workers' Compensation Practice. In “Navigating the Medicare Maze,” Andrea and plaintiff’s counsel co-panelist discussed the basics of Medicare, including including who exactly is a Medicare Beneficiary and the reasonable expectation of Medicare enrollment. They highlighted how knowing the Medicare laws, the intricacies of Medicare Set-aside allocations, the effect of conditional payments, and the impact Medicare can have on settlement, are all imperative in the representation of clients.

 

Defense Digest, Vol. 29, No. 3, September 2023, 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. © 2023 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

Florida Supreme Court Adopts Traditionally More Expansive Concept of Occupational Causation

The Florida Supreme Court issued a significant decision rebuking the First District Court of Appeal (1st DCA) in the high-profile case of Bouayad v. Normandy Insurance Co., a case addressing the compensability of workplace injuries resulting from assaults by third-party tortfeasors. The Judge of Compensation Claims (JCC) found the claimant was entitled to workers' compensation benefits, relying in part on the Florida Supreme Court's earlier decision in Strother v. Morrison Cafeteria from 1980. In Strother, the Court upheld an award of benefits to a cashier who was assaulted and robbed by individuals who followed her home from work under the mistaken belief that she was carrying restaurant cash deposits. In Bouayad, the 1st DCA concluded that the claimant's injuries were not compensable because they did not arise out of his employment. The Florida Supreme Court disagreed, holding that the 1st DCA applied too narrow an interpretation of the "arising out of employment" requirement. In doing so, the Court reaffirmed a broader and more traditional view of occupational causation than that recently adopted by the 1st DCA. The claimant in Bouayad was the general manager of a car rental business operating from a hotel near an airport. Around midnight, while walking along a covered outdoor walkway from the hotel's atrium, where the rental kiosk was located, to an office near the pool, he was shot multiple times by an unidentified assailant. As part of his regular duties, the claimant carried rental agreements and cash receipts from the kiosk to the office at the end of each shift. After the shooting, the claimant managed to return to the hotel atrium, where he stated that he believed "Robert" had shot him, referring to an individual who had threatened the claimant's son the previous day. The assailant, however, was never identified. Consequently, the Supreme Court analyzed the case as involving an unknown third party while the claimant was acting within the course and scope of his employment. The central issue therefore was whether the injury "arose out of" the claimant’s employment. At the final hearing, the claimant presented evidence regarding the risks and hazards associated with his employment, including the nature of his duties, his late-night work schedule, and the location of the business in a high-turnover hotel near a major airport. His expert opined that these factors exposed him to an increased risk of becoming the victim of a crime while at work. In contrast, the employer/carrier's expert characterized the shooting as a targeted attack rather than a robbery and asserted that the risk of violent crime was actually higher near the claimant's residence than at the hotel. Based on that analysis, the expert concluded that the claimant was not exposed to an increased workplace risk. The 1st DCA focused narrowly on the specific activity the claimant was performing at the moment of injury. According to the court, the claimant's “work performed” at the time of the shooting was simply "walking" between two employer-operated locations, and that act of walking did not itself cause the injury. The Florida Supreme Court found this analysis far too myopic and inconsistent with decades of workers' compensation precedent. Reaffirming longstanding principles of workplace causation, the Court explained that the proper inquiry is not whether the precise physical task being performed at the moment of injury directly caused the harm. Rather, the relevant question is whether the employment, viewed as a whole, exposed the worker to risks and hazards that contributed to the injury. The decision is significant because it reinforces a broader conception of work-relatedness in the “arising out of” compensability analysis. Instead of limiting the causation analysis to the employee's discrete physical activity at the time of injury, courts must consider the totality of the employment circumstances, including the employee's duties, work environment, hours, and occupational risks. Under that framework, an injury may arise out of employment when the employment places the employee in a position of increased hazard, even if the specific task being performed at the moment of injury is not itself the direct cause of the harm.

Ellen C. Bodenmiller Joins Marshall Dennehey’s Tampa Office as Special Counsel in the Casualty Department

News

Ellen C. Bodenmiller Joins Marshall Dennehey’s Tampa Office as Special Counsel in the Casualty Department

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

Result

$19 Million Medical Malpractice Verdict Overturned

In this medical malpractice case, the trial court vacated $10 million of a $19 million verdict in post-trial motions and the Superior Court of Pennsylvania vacated the remaining $9 million on appeal.

Result

Federal Statute Declared Constitutional

In this products liability case, the Supreme Court of Pennsylvania reversed the Superior Court and upheld the constitutionality of the Protection of Lawful Commerce in Arms Act (PLCAA), which resulted in judgment as a matter of law for the defendant manufacturer.

Thought Leadership

Appellate Division Affirmed Trial Judge’s Orders Granting Summary Judgement for Defendants on COVID-19 Case

In Dunne v. Advanced Subacute Rehab Servs. at Sewell, LLC, et al., the plaintiffs appealed from two Law Division orders. By way of background, Louis Doto, Sr. (Doto) worked for BP & SC Services, Inc. (BP). BP leased Doto to Advanced Subacute Rehabilitation Center at Sewell, LLC (Advanced Subacute) and it had control of his work, paid wages, and had the power to hire or fire him. A BP employee was assigned to the facility to train and supervise him and BP was responsible for securing workers’ compensation coverage. Doto worked as an aide in the laundry department. Linen from COVID-19 residents were delivered in clearly marked bags and he had no direct contact with residents. A co-worker, Sheila Smith, was also an aide and she never contracted COVID-19 at the facility. Advanced Subacute did not require Doto to wear an N-95 mask, but instead a surgical mask, though N-95 masks were available to all employees. He was also required to attend period mandatory meetings with other high-risk employees, the last of which he attended was in November 2020. All employees were required to test for COVID-19 and there were no reported cases from June to October 2020. On December 23, 2020, Doto tested positive for COVID-19 and passed away on January 18, 2021. The last member of housekeeping that Doto may have encountered tested positive 22 days earlier. After his death, OSHA found two “serious” violations concerning the N-95 masks worn by housekeepers. In response, Advanced Subacute fit tested all non-clinical staff. Doto’s estate filed a workers’ compensation claim and named both BP and Advanced Subacute as his employer. The estate received an award. In July 2022, the plaintiffs filed a complaint in the Law Division, alleging wrongful death and survivor causes of action. In October 2024, the defendants moved for summary judgment, arguing: 1) immunity pursuant to the Emergency Health Powers Act: 2) the exclusive remedy provision of the Workers’ Compensation Act; 3) Doto’s inability to establish infection at the facility; 4) net expert opinions by the plaintiffs’ expert; and 5) inadmissibility of the OSHA report. The plaintiffs opposed and filed a cross-motion for summary judgment, arguing: 1) no immunity as Advanced Subacute engaged in gross negligent or willful misconduct; 2) no preclusion by the Workers’ Compensation Act as Doto was not Advanced Subacute’s employee; and 3) no net expert opinions. In February 2025, the judge issued a written decision granting the defendants’ motion. Specifically, he found Advanced Subacute’s COVID-19 immunity precluded the plaintiffs’ claim as no reasonable jury could find any gross negligence or utter disregard for Doto’s safety. He also addressed the other defenses for completeness. The plaintiffs moved for reconsideration and the judge issued another written decision denying the plaintiffs’ motion in April 2025. The plaintiffs then appealed both decision. The Appellate Division affirmed the orders for reasons stated by the judge in his written decisions. The Appellate Division only added: 1) Advanced Subacute acted consistently with the legislative grant of immunity; 2) there was no doubt Doto was an employee of both BP and Advanced Subacute and the latter may have inadvertently failed to follow some precautions; and 3) confirmed the plaintiffs’ experts did not identify a basis for their opinions. Ultimately, the Appellate Division found no reason to disturb the judge’s well-reasoned decisions and affirmed the judge’s orders.

Result

$1.09 Billion Products Liability Verdict Overturned

In this products liability crashworthiness case, the Superior Court of Pennsylvania reversed a Philadelphia jury verdict of $1.09 billion, the largest verdict ever overturned by a PA appellate court.  The court ordered a new trial based on deficient jury instructions, clarified important aspects of crashworthiness law, and confirmed that so-called standard jury instructions may be incompatible with Pennsylvania law. 

Thought Leadership

Commonwealth Court Deemed Worker an Employee Despite Independent Contractor Agreement; Insurer Estopped from Denying Coverage

In this case, the claimant filed a Claim Petition for injuries sustained on October 28, 2019, naming J&S as his Employer, and alleging that the injuries occurred when he fell from a ladder while installing a satellite dish for Dish Network. Dish Network contracted with J&S to install satellite dishes. Subsequently J&S filed a Petition to Join Brickstreet Insurance Company and the claimant filed a Claim Petition against the Uninsured Employer Guaranty Fund. The Fund then joined Dish Network as another employer.  Before the Workers’ Compensation Judge (WCJ), the claimant testified that he was hired in 2015 by J&S and at the time signed an Independent Contractor Agreement (IC Agreement). J&S defended the case on the basis that the claimant was not an employee, but was an independent contractor, even after the IC Agreement expired. Additional evidence showed that, at the time of the October 28, 2019, work injury, J&S’ workers’ compensation insurance with Brickstreet had lapsed, even though a Brickstreet agent had been working to renew J&S’ policy and had a Certificate for coverage from September 25, 2019 to September 25, 2020 issued, with Dish Network listed as the Certificate Holder. A renewal policy was not in effect at the time the Certificate was issued and the agent learned on October 25, 2019 that Brickstreet was not going to renew their policy with J&S, due to an unpaid premium.    Ultimately, the WCJ found that the claimant was an employee of J&S at the time of the work injury and that J&S did not have a workers’ compensation policy in place at the time, due to their failure to pay the renewal premium to Brickstreet. The WCJ also found Dish Network was a Statutory Employer under Section 302(a) of the Act. The Claim Petition and the Guaranty Fund Claim Petition were both granted, as was the Guaranty Fund’s Petition to Join Dish Network. The WCJ also denied J&S’ Petition to Join Brickstreet, finding that neither J&S or Dish Network showed that Brickstreet was estopped from denying coverage. J&S and Dish Network appealed to the Workers’ Compensation Appeal Board (Board) and the Board affirmed. J&S and Dish Network appealed to the Commonwealth Court. The Commonwealth Court rejected J&S' argument that the claimant was an independent contractor. In doing so, the court noted that the claimant credibly testified that he worked for J&S full time, could not work for another company, and that J&S, scheduled his jobs, tracked him, and scheduled additional installations, if he finished early. Additionally, the court noted the claimant lacked discretion in the manner he performed his job, because all questions had to be referred to J&S.  As for Dish Network’s appeal, the court held that the WCJ erred in holding that Brickstreet was not estopped from denying coverage as to Dish Network. According to the court, the insurance agent was an authorized representative of Brickstreet and, at the direction of J&S, issued the Certificate of Insurance that he knew was not accurate at the time, and was aware would be presented as proof of coverage for J&S. Dish Network relied upon that information and continued to use J&S, ultimately leading to Dish Network being named as the Statutory Employer liable for payment of benefits because of J&S’ uninsured status. The court held that the Board erred in affirming the WCJ ’s conclusion that Dish Network did not establish that Brickstreet was equitably estopped from denying coverage, reversed the decision below, and remanded the case to the WCJ. 

Result

Statutory Employer Immunity Upheld

In this construction accident case that resulted in a $5 million verdict, the Supreme Court of Pennsylvania upheld the Statutory Employer Doctrine, which immunizes general contractors and other contractors on construction sites when certain elements are satisfied.

Jason Banonis Holds PDI Attorney of the Year Award with the PDI President

News

Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute