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Defense Digest

On the Pulse…Other Notable Achievements

Defense Digest, Vol. 29, No. 2, June 2023

June 1, 2023

RECOGNITION
Congratulations to Brigid Alford (Harrisburg, PA) on her selection to the Central Penn Business Journal’s 2023 Power List for Law! The honorees are some of the Central Pennsylvania region’s most significant, influential, and respected leaders in their fields, as chosen by the CPBJ’s editorial leadership team and readers. 

Mike Turner (Philadelphia, PA) was recently elected a Fellow of the International Academy of Trial Lawyers.

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.

“At Marshall Dennehey, superior client service is our number one priority and it is gratifying that BTI’s data reflects that commitment,” said G. Mark Thompson, our firm’s president and CEO. “With every case and file that is entrusted to us, we seek to partner with our clients to understand their needs, effectively resolve their litigation, and exceed expectations. We are grateful to them for this recognition.” 

For more information about the report, please visit https://bticonsulting.com/bti-client-service-a-team. 

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.

Each year, no more than five percent of the lawyers in the state are selected as Super Lawyers and no more than 2.5 percent are selected for Super Lawyer Rising Stars. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. A description of the selection methodology can be found at http://www.superlawyers.com/about/selection_process.html. 

2023 New Jersey Super Lawyer
•    Robert T. Evers (Roseland, NJ): Personal Injury: Medical Malpractice Defense
2023 New Jersey Super Lawyer Rising Stars 
•    Ariel C. Brownstein (Mount Laurel, NJ): Insurance Coverage
•    Christopher J. DiCicco (Mount Laurel, NJ): Transportation/Maritime Litigation. 
•    Ryan Thomas Gannon (Roseland, NJ): Personal Injury, Medical Malpractice Defense. 
•    Heather M. LaBombardi (Roseland, NJ): Medical Malpractice Defense. 
•    Paul W. Lanza (Roseland, NJ): Personal Injury, General, Defense. 
•    Brian A. Rice (Mount Laurel, NJ): Personal Injury, Medical Malpractice Defense. 
•    Brielle K. Winkler (Mount Laurel, NJ): Insurance Coverage. 

 

OTHER NEWS
Jason Banonis (King of Prussia, PA), Pennsylvania Defense Institute’s past president, was recently appointed to Defense Research Institute’s State Legislation and Rules Task Force.

Stephanie Ransom, CLM, assistant office manager of our NYC and Roseland, NJ, offices, has been appointed Vice Chair of the Certification Committee at the Association of Legal Administrators (ALA). Stephanie was appointed to the committee last year and continues to rise in leadership in the national organization. 

Michael Salvati (Philadelphia, PA) has been selected to serve a five-year term on the Civil Jury Instructions Subcommittee of the Pennsylvania Supreme Court. The subcommittee is charged with maintaining, overseeing and updating the Commonwealth of Pennsylvania’s standard civil jury instructions as facilitated and published by the Pennsylvania Bar Institute. 

 

PUBLISHED ARTICLES
Oner Kiziltan (Fort Lauderdale, FL) authored the article, “Proving Insurance Fraud: Is Metadata the Missing Piece of the SIU Puzzle?” in the March 24, 2023, edition of Insurance Journal. You can read his article here.

Jennifer Meyers’ (Westchester, NJ) article “When Is It Too Late to Change Your Theory of the Case?” was published in the March 10, 2023, issue of The New York Law Journal. You can read her article here.

Michael Salvati (Philadelphia, PA) published the article “A Two-Pronged Test Becomes One - Why the Superior Court’s Venue Decision in Hangey Departs from Decades of Prior Precedent,” appearing in the January/February 2023 issue of The Pennsylvania Lawyer. The article attracted the attention of Law360, who republished it (with permission), under the title, “Pa. Supreme Court Must Defend Established Venue Standard.” You can read his article here.  

Ray Michaud’s (Mount Laure, NJ) article “Develop the Helpful Habits to Ward Off Litigation” was published in the Spring 2023 issue of Pennsylvania CPA Journal, the publication of the Pennsylvania Institute of Certified Public Accountants. You can read Ray’s article here.  

Lauren Purcell and Patrick Reilly (Pittsburgh, PA) teamed up to author “Protecting Your Bar from Claims in the Wake of ‘Mortimer’,” which was published on February 15, 2023, in The Legal Intelligencer. You can read their article here.  

Dana Gittleman’s (Philadelphia, PA) article “4 Terms to Avoid When Advertising Your Insurance Agency,” was published on IndependentAgent.com on February 9, 2023. Click here to read her article.  

Steven Christman’s and Fabrice Michel’s (New York, NY) article “Prejudgment Interest Accruing from Date of Accident: What Will This Mean for Resident, Courts?” was published in the April 13, 2023, issue of New York Law Journal. You can read their article here. 

Hunter McMullin’s (Philadelphia, PA) article “Potential Clarity on Pennsylvania’s Murky Products Liability Landscape,” was published in the April 6, 2023, edition of The Legal Intelligencer. You can read his article here.  

Michele Punturi’s (Philadelphia, PA) article “Why Contest Mental Health Claims in Workers’ Comp When You Can Prevent Them to Begin With?” was published in the March 28, 2023, issue of Risk & Insurance. You can read Michele’s article here.

Paul Laughlin (King of Prussia, PA) authored the article “Choosing a Mediator for Your Medical Malpractice Case: One Size Does Not Fit All,” appearing in The Legal Intelligencer’s Medical Malpractice Supplement, published on March 28, 2023. You can read the article here.  

William Murphy’s (Roseland, NJ) article “Under the Influence of the Intoxication Defense: Differing State Law Can Affect Workers’ Compensation Claims for Workplace Injuries” was published in the April 2023 edition of CLM Magazine. You can read his article here. 

Greg Graham and Carly Edman (Pittsburgh, PA) authored the article “Retooling the Client Engagement Letter to Minimize Liability Claim Exposure,” appearing in the March 23, 2023, edition of PLUS Blog, the blog of the Professional Liability Underwriting Society. You may read the article at this link.  

Josh Byrne and Alesia Sulock (Philadelphia, PA) authored the article, “When Disciplinary Counsel Knocks on Your Door, How Do You Respond?” in the March 20, 2023, issue of The Legal Intelligencer. Read the article here.  

“Top Ten Ways an Insurance Broker Can Avoid Liability,” by Estelle Kokales McGrath (Pittsburgh, PA) was published by the National Association of Professional Agents on March 1, 2023. You can read her article here.

 

SPEAKING ENGAGEMENTS
Matthew Keris (Scranton, PA) presented “Radonda Vaught Lessons: The Ethical Challenges of Managing Dual Legal Investigations” at the DRI Medical Liability and Health Care Law Seminar. Matthew also presented the American Legal Connections webinar “Best Practices for an Audit Trail Expert Deposition.”

Jeffrey Rapattoni (Mount Laurel, NJ) participated in two seminars at the annual Insurance Fraud Management Conference. Jeff moderated “Legal Update Panel” and participated in “Identification of SIU Suggested Best Practices.”

Raymond Michaud (Mount Laurel, NJ) spoke at the New Jersey Chapter of the American Water Works Association Annual Conference. His presentation, “Case Studies in Ethics for Engineers,” focused on the water crisis in Flint, Michigan and the ethical behaviors of engineers.

Jon Cross (Philadelphia, PA), Christopher DiCicco (Mount Laurel, NJ), Jay Hamad (New York, NY), A.C. Nash (Fort Lauderdale, FL), David Shannon (Philadelphia, PA), Robin Snyder (Philadelphia, PA), and Sunny Sparano (Roseland, NJ) recently participated in ILG 360° London Annual Conference 2023. Our attorneys presented practice area-specific webinars in areas such as concussion litigation, aviation, cyber risk and systemic threats, changes in the construction industry, marine cargo claims and claims inflation in property and casualty litigation. All of our presenters guided participants through case studies and interactive sessions, addressing key issues of importance to claims professionals and insurance industry personnel. For background, Marshall Dennehey is a founding member of Insurance Law Global (ILG), a multi-jurisdictional network of like-minded independent insurance defense law firms. The network is committed to helping clients respond to the challenges and opportunities presented by globalization and the increasingly diverse needs of the insurance industry. You can watch the conference in its entirety here: https://www.ourevent.tv/ilg23. 

John Hare (Philadelphia, PA) spoke at the Pennsylvania Bar Association’s annual Civil Litigation Update. John spoke on notable case law and procedural rule developments over the past year.

Brooks Foland (Harrisburg, PA) presented “The Mediator’s Role as Convener” at the Pennsylvania Council of Mediators 35th Annual Conference in Harrisburg.

Janice Merrill (Orlando, FL) presented at the Orlando Health Wound, Ostomy, and Continence Nurses Society meeting on the “Pitfalls of Pressure Injury Litigation.”

Mohamad Bakry (Philadelphia, PA) co-presented “Power Jackpots and Life Care Plans: What’s the Difference and What Can Be Done About It?” at the FDCC winter meeting. This panel discussed a survey of trends that defense counsel are seeing in life care plans, assessed techniques for challenging the underlying assumptions of those plans, and explained how to defend against these huge damages claims. 

Thomas Brown (Orlando, FL) discussed carshare and rideshare liability issues and best practices for defending against claims at the Florida Defense Lawyers Association’s webinar.

Jack Delany (Philadelphia, PA), an adjunct professor at Temple Law School’s Trial Advocacy Program LLM, presented “Nuts and Bolts Trial Strategy in a Post-COVID, Social Unrest, and Nuclear Verdict Time Period.”

Harold Moroknek (Westchester, NY) and Preston Holmes (Westchester, NJ) presented “What To Do When Stopped by Law Enforcement” at the American Bus Association, The Bus Industry Safety Council meeting.

A.C. Nash (Fort Lauderdale, FL) office joined a panel at the International Association of Professional Security Consultants (IAPSC) conference, where he discussed “Testimony from Intake to Trial.” The presentation took security experts through the stages of a new case, addressing intake, investigation, formulating opinions, and testifying at trial. 

Elizabeth Ferguson (Jacksonville, FL) presented “Can We Have It All?” at the Florida Bar Construction Law Institute’s Women in Construction Networking Breakfast.

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.

James Cole (Philadelphia, PA) presented “Untying Tangled Titles – Recognizing How Property Title Issues Drive Fraud” at the 2023 Pennsylvania Insurance Fraud Conference.

James Cole (Philadelphia, PA), Jeffrey Rapattoni (Mount Laurel, NJ), and Christopher Woodward (Harrisburg, PA) were featured speakers at the 2023 Pennsylvania Insurance Fraud Conference. Presented by IASIU (Delaware Valley and Greater Pittsburgh Chapters) and the Pennsylvania Insurance Fraud Prevention Authority (IFPA), Jim and Chris presented “Untying Tangled Titles – How Property Insurance Drives Fraud,” and Jeff presented a “Legal Update.” 

Jack Slimm and Jeremy Zacharias (Mount Laurel, NJ) presented at the Camden County Bar Association’s Civil Practice Update. Jack presented on various updates pertaining to Legal Malpractice Liability and Expert Strategy Parameters in light of the Supreme Court’s decision in Accutane. Jeremy presented on recent updates pertaining to the Affidavit of Merit Statute and case application and also moderated this panel discussion, which included various members of the bench and the bar in Camden County. The seminar was well attended and is considered a seminal event within the Camden County Bar Association. 

Josh J.T. Byrne (Philadelphia, PA) participated in the presentation “Ethics and Malpractice Avoidance” at the Pennsylvania Bar Association’s Mid-Year Meeting along with Justice Sallie Updyke Mundy and Michael Furlong of CNA. Josh also presented at the Philadelphia Bar Association’s Bench-Bar meeting on “Practicing with Integrity” with Chief Disciplinary Counsel Thomas Farrell, Judge Tiffany Palmer, and Judicial Candidate Kay Yu.

Shannon Fellin and Katherine Bavoso (Harrisburg, PA) were speakers at the Workers’ Compensation Bench and Bar Best Practices 2023 forum. They joined a panel of distinguished industry professionals to discuss “Ethics, Professionalism, Civility, & Culture.” 

Michele Punturi (Philadelphia, PA) participated in a panel discussion at the CLM Annual Conference. The panel focused on increasing diversity and sustaining organizational change in the claims industry. In “Building a Better Business, Achieving a More Diverse Future,” the panelists talked about how diversity, equity, and inclusion efforts have taken center stage in the workplace and identified emerging recruitment and retention strategies that employers can utilize to achieve a more diverse future. The session also included an analysis of effective ways to maintain diverse vendor teams while building stronger partnerships in claims handling in the legal industry. 

Frank Wickersham (King of Prussia, PA) presented at the 19th Annual Worker’s Compensation Insurance ExecuSummit. In his “State of the Union - Medical Marijuana,” Frank discussed the ongoing efforts around the nation, via lawsuits and legislation, to obtain clarity on medical marijuana coverage for injured workers. Frank also co-presented “One Less Zombie in the Workers’ Compensation Apocalypse” at the CLM 2023 Workers’ Compensation, Casualty & Risk Management Conference. This seminar addressed strategies for dealing with the relentless issue of opioids and the growing reliance on cannabis in workers’ compensation.

Heather Carbone (Jacksonville, FL) was the keynote speaker at the 2023 International Association of Rehabilitation Professionals (IARP) Annual Southeast Florida Workers’ Compensation Claims Conference. Heather’s topic was “Talking About Generations.”
 

 

Defense Digest, Vol. 29, No. 2, June 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

The Ohio Supreme Court Extends Sham-Affidavit Rule to Contradictory Expert Reports

Legal Roundup: Ohio In its June 23, 2026, decision in Moore v. Mercy Medical Center, the Ohio Supreme Court upheld a trial court’s decision to strike an expert witness’s affidavit that contradicted the opinions expressed in the expert’s prior report. This case pertains to allegations of medical malpractice after plaintiff Cheri Moore gave birth to an infant in respiratory distress who required intubation. Moore alleged that a delay in ordering an emergency cesarean section resulted in the need for intubation, causing her child’s injuries. Specifically, Moore sued Dr. Meniru, who completed his first shift at 7:00 a.m. on May 28, 2015, and did not resume treating Moore until 7:00 a.m. on May 29, 2015. One of Moore’s expert witnesses authored a report stating that the doctors, including Dr. Meniru, deviated from the standard of care by not advocating for a cesarean section in the evening of May 28, 2015. Based on this report, Dr. Meniru moved for summary judgment, arguing that the alleged breach occurred during a period when he was not on duty. In response to the summary judgment motion, the plaintiff filed an affidavit from the same expert. Although the expert expressly incorporated his previous report into his affidavit, he also offered an additional opinion: that Dr. Meniru breached the standard of care by failing to begin a cesarean section within 30 minutes of receiving reports of fetal distress. Dr. Meniru filed a motion to strike the expert’s affidavit, arguing that it contradicted the opinions set forth in his prior report in violation of the sham-affidavit rule. The sham-affidavit rule applies to “a contradictory affidavit that indicates only that the affiant cannot maintain a consistent story, or is willing to offer a statement solely for the purpose of defeating summary judgment”. Moore, supra, at ¶ 19, citing Pettiford v. Aggarwal, 126 Ohio St.3d 413, 2010-Ohio-3237. The trial court granted both the motion to strike and the motion for summary judgment, and the Fifth District affirmed. The Ohio Supreme Court accepted two questions of law: (1) whether the sham-affidavit rule applies when the sworn testimony contradicts prior unsworn statements; and (2) whether an inconsistency within the affidavit goes to credibility or admissibility, justifying an order striking the affidavit. Previous rulings by the Ohio Supreme Court regarding the sham-affidavit rule have pertained to contradictions between an affidavit and sworn deposition testimony. See, e.g., Byrd v. Smith, 2006- Ohio-3455, 110 Ohio St.3d 24, 850 N.E.2d 47. However, here, the Court was asked to apply the same rule to contradictions between a sworn affidavit and an unsworn expert report. The Court held that, because Moore’s expert incorporated his prior report into his affidavit, he effectively adopted the report as part of his sworn testimony.

Thought Leadership

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Legal Roundup: Pennsylvania The Pennsylvania Superior Court has reinforced a broader fact-pleading approach that may make it more difficult for health care defendants to obtain dismissal at the preliminary objection stage. In DaSilva v. Abington Memorial Hospital, the court held that the plaintiffs’ second amended complaint satisfied Pennsylvania’s fact‑pleading requirements despite the absence of individually named negligent actors. In DaSilva, the plaintiffs filed a second amended complaint alleging that Abington Memorial Hospital was directly and vicariously negligent after the patient, who was experiencing a mental health crisis, was left unattended by hospital staff, exited the emergency department, and was struck by a vehicle, suffering serious injuries. The trial court sustained the hospital’s preliminary objections and dismissed the complaint with prejudice, stating plaintiffs “failed to plead any material factual allegations in support of their claims of negligence [and] set forth vague allegations of negligence and unidentified agency.” Id. at *5. The plaintiffs appealed. On appeal, the Superior Court reversed, holding that the complaint sufficiently pled negligence and vicarious liability claims under Pa.R.C.P. 1019(a). The court concluded that allegations describing the patient’s condition, the hospital’s awareness of that condition, and the alleged failure to monitor or prevent elopement were adequate to satisfy Pennsylvania’s pleading requirements. Significantly, the court rejected the hospital’s argument that the complaint failed because it did not identify the specific employees responsible for the alleged negligence. Instead, the court found that generalized references to “emergency room staff” were sufficient to place the hospital on notice of the claims because “the names of those who performed services for the plaintiff are known to the defendant or can be ascertained during discovery.” Id. at *12 (citing Est. of Denmark ex rel. Hurst v. Williams, 117 A.3d 300, 307 (Pa. Super. 2015)). The effect of DaSilva is that plaintiffs may proceed past the pleading stage with relatively generalized allegations, particularly in cases involving institutional defendants where relevant details are uniquely within the defendant’s control. As a result, health care defendants should anticipate that challenges to claim sufficiency may be resolved in the later stages of litigation, including discovery and summary judgment.

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

empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent

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

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Thought Leadership

Best Lawyers in America Recognition

We are proud of the firm’s 16 medical malpractice 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. Special congratulations to Justin F. Johnson who was recognized as 2027 “Lawyer of the Year” in his jurisdiction for Medical Malpractice Law – Defendants. Best Lawyers: Ones to Watch • Holli K. Archer Best Lawyers in America: • Robert T. Evers • Jason P. Ferrante • Maria R. Granaudo • Joseph L. Hoynoski III • Leslie M. Jenny • Matthew P. Keris • Julia A. Klubenspies • Lynne N. Nahmani • John R. Ninosky • Gary M. Samms • Victoria Crawshaw Scanlon • Brett C. Shear • Joel M. Snavely • Robin B. Snyder

Congratulations To Our 2026 Ohio Super Lawyers & Rising Stars! Super Lawyers: Thomas F. Glassman Personal Injury, General Defense. Rising Stars: Micheal A. Roberts Personal Injury, Medical Malpractice Defense, Gabriella M. Wittbrod Personal Injury, Medical Malpractice Defense

News

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

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.