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Defense Digest

On the Pulse…Other Notable Achievements

Defense Digest, Vol. 31, No. 3, September 2025

September 1, 2025

THOUGHT LEADERSHIP

Dana Gittleman (Philadelphia, PA), chair of our Real Estate E&O Practice Group, and Jeremy Zacharias (Mount Laurel, NJ) kicked off their Professional Liability Underwriting Society (PLUS) podcast series with “Insurance Agent E&O – Top Ten Tips for Risk Management.” From memorializing communications to protecting attorney-client privilege, Dana and Jeremy share practical strategies to help insurance professionals manage risk more effectively. Tune in! https://lnkd.in/eQGs3u2y

David Shannon (Philadelphia, PA), chair of our Privacy and Data Security Practice Group, and guest Evgueni Erchov from Cypfer, recorded the Professional Liability Underwriting Society (PLUS) podcast “Managing Cybersecurity Threats in 2025.” This is the third season of David’s ongoing podcast with PLUS. The program focused on ransomware, business-email compromise, AI, and the increasing sophistication of cyber-threat actors. Tune in today! https://plusweb.org/podcast/managing-cybersecurity-threats-in-2025-episode-1/. 

 

SPEAKING ENGAGEMENTS

Kimberly Berman (Fort Lauderdale, FL) spoke at the 28th Annual Florida Defense Lawyers Association (FLDA) Liability Claims Conference about “Pleading, Proof, and Preservation of Punitive Damages Claims: Tips for Florida Trial Lawyers and Appellate Attorneys.”

Ryan Burns, Angie Colorado, and A.C. Nash (all in Fort Lauderdale, FL) presented “Relevant Procedural Rule Changes for Risk Managers” at the Tampa Bay RIMS (Risk & Insurance Management Society) educational luncheon. This program provided an insightful overview of the procedural changes in the Florida circuit court system. The discussion shed light on the impact of the Florida tort reform of 2023, aligning the state’s court procedures with those of the Federal court. These changes are set to influence the way lawsuits are handled, introducing strict timelines throughout the process.

Josh J.T. Byrne (Philadelphia, PA) was a panelist at the Philadelphia Bar Associations’ webcast, “Ethics and Legal Malpractice Avoidance.” Josh is Co-Chair of the Bar’s Professional Responsibility and Guidance Committee. Josh also co-presented “Ethics Hotline and Special Ethical Considerations for Prosecutors,” at District Attorney’s Office: August CLE Program hosted by the Philadelphia Bar Association.

James Cole and Alec DelConte (both of Philadelphia, PA) presented “Untying Tangled Titles: How Property Deed Fraud Drives Costs and Indemnity,” at the annual conference of the International Association of Special Investigation Units. 

Christopher Conrad (Harrisburg, PA) and Lee Durivage (Philadelphia, PA) presented “Hot Topics in Employment Law,” for the Pennsylvania Bar Association’s Law Firm Administrators’ Conference of Central Pennsylvania. Their presentation, which was attended by law firm administrators, human resources staff, and managing attorneys, focused on the current employment law issues facing law firms and practical advice for managing risk.

Michael Duffy (King of Prussia, PA) presented as part of the Pennsylvania Bar Institute’s and Pennsylvania Bar Association Workers’ Compensation Law Section’s conference Tough Problems in Workers’ Compensation 2025. Mike was part of a panel that presented “Surveillance and Using Social Media to Win Your Case.” Designed specifically by and for the experienced workers’ compensation practitioner, this presentation highlighted select challenges in workers’ compensation practice and offered techniques for managing them. Developments, practices, strategies, and preferences were discussed to help avoid making mistakes that could negatively affect a client’s claim.

Christina Gonzales (Philadelphia, PA) served as moderator for a panel at the 2025 Defense Research Institute’s Diversity for Success Expo, titled “Building Your Book of Business with Brand YOU! (Pitching Business and Executive Branding).” The discussion explored how developing a personal brand and growing a book of business are essential strategies for standing out—both within your organization and across the legal profession. Panelists shared practical insights on how to balance client development with professional responsibilities, offering guidance on how legal professionals can define their value, build meaningful relationships, and pursue long-term success—whether in a law firm, in-house role, or independent practice.

Gregory Graham (Pittsburgh, PA) presented “AI Litigation: The Current Landscape,” at the Pennsylvania Defense Institute’s annual CLE and Conference. This seminar focused on the current landscape of liability claims stemming from the use of generative and agentic AI. While generative AI is more commonly discussed at this point in time, it is agentic AI—particularly its end-to-end automated goal identification and action initiation—that is going to profoundly impact our clients’ industries.

Sean Greenwalt and Amara Rodriguez (both of Tampa, FL) spoke at the 28th Annual Florida Defense Lawyers (FDLA) Association Liability Claims Conference about effective use of proposals for settlement in Florida’s new legal landscape.

Matthew Keris (Scranton, PA) presented “MPL Crossfire: How to Prepare for AI From a Medico-Legal Perspective,” at the 2024 Medical Professional Liability Association conference. Matt also presented two seminars at the Hospital Insurance Forum 2025 Conference. For the first seminar, Matt co-presented with Jill Huntley Taylor. Their presentation discussed “New Jury Considerations in the Age of Big Law, Verdicts, and Medicine.” One day later, Matt presented “AI in Healthcare: Views from a Clinical and Legal Perspective.” Finally, Matt joined a panel presentation for a webinar put on by the Pennsylvania Coalition for Civil Justice Reform. The program, “Medical Malpractice Pennsylvania Update,” explored a number of emerging issues in medical malpractice, including the continuing surge of Philadelphia cases; dilution of plaintiffs’ burden to prove that an agent causes harm; preservation of issues on appeal and waiver rulings of Superior Court; ethical concerns of double and triple booking; and the rise of punitive damages. 

Paul Krepps (Pittsburgh, PA) spoke at the Pennsylvania Chiefs of Police Association Conference and Training Session on “Litigation After-Action – Lessons from the Perspective of a Defense Lawyer.” 

Missy Minehan (Harrisburg, PA) presented “Mitigating and Responding to a Professional Liability Claim: Documentation, Discovery, and Depositions” during the Skilled Nursing Development Institute’s administrator appreciation event. Missy discussed pre-suit documentation issues, including documentation of arbitration agreements, missing medical records documentation and maintenance of key paper records (e.g. staffing, deployment, statements), and intra-lawsuit discovery and depositions.

Megan Nelson (Orlando, FL) presented “The Latest on Medical AI and Liability Claims,” at the Florida Society for Healthcare Risk Management and Patient Safety’s annual meeting and education conference.

Jeffrey Rapattoni (Mount Laurel, NJ) presented “Ethics and the Investigator,” at the conference of the Illinois Chapter of IASIU (International Association of Special Investigation Units Inc.). Jeff also spoke at the Coalition Against Insurance Fraud’s Mid-Year Meeting, participating in the panel “Insurance Fraud Through a Legal Lens: Insights from the Frontlines.” At the annual conference of the International Association of Special Investigation Units, Jeff made two presentations, “Legal Update: Emerging Legal Issues in Fraud Fighting,” and “Ethics.”

Jack Slimm and Jeremy Zacharias (both of Mount Laurel, NJ) presented at the Camden County Bar Association Annual Civil Practice Update. Jack covered recent case law updates within New Jersey, and Jeremy moderated the panel discussion, which was also presented by the Honorable Steven J. Polansky, as well as several private practitioners. This annual seminar is well attended and has been a staple within the Camden County Bar Association for over two decades.

Jack Slimm was also a featured speaker at the annual New Jersey Institute for Continuing Legal Education seminar “Legal Malpractice Update.” Jack and Appellate Judge, Harry Carroll, presented “Rule 104 Hearings Regarding Experts In Legal Malpractice Actions.”

Jeremy Zacharias also presented at an all-day CLE for the New Jersey State Bar Association on “Solving Problems in Commercial Real Estate Transactions.” Jeremy’s topic included a discussion on ethical considerations in commercial real estate transactions. Jeremy covered topics including pitfalls using artificial intelligence with commercial real estate transactions, as well as the applicability of the Rules of Professional Conduct in representing clients. 

PUBLISHED WORKS

August 18, 2025 – Todd Leon and Alec DelConte (both of Philadelphia, PA) published an article in The Legal Intelligencer’s Insurance Law Supplement. Titled, “Choice of Law in Coverage Disputes: What Happens When the Policy, the Loss and the Parties Span State Lines?,” the article explores how “choice of law” issues arise in litigation, using a Pennsylvania–New Jersey insurance dispute scenario to highlight the significant impact differing state laws can have on insurers and policyholders. Read their article here.

August 1, 2025 – Alana Staniszewski’s (Pittsburgh, PA) article “Pa. Supreme Court Permits Payment of Specific Loss Benefits to a Deceased Injured Workers’ Estate,” was published in The Legal Intelligencer. Read her article here.

July 28, 2025 – PLUS Blog published “Navigating the Doctrine of Reasonable Expectations: A Liability Risk for Insurance Agents,” by Dana Gittleman (Philadelphia, PA). Read her article here.

July 21, 2025 – The Legal Intelligencer published Alesia Sulock and Josh J.T. Byrne’s (both of Philadelphia, PA) article “Socially Responsible Lawyers: Why You Need to Understand Social Media to Competently Represent Your Clients, Part 2.” You can read this article here.

July 11, 2025 – William Murphy (Roseland, NJ) authored the article “Medical Marijuana in New Jersey Workers’ Compensation Law,” appearing in the New Jersey Law Journal’s Cannabis Supplement. The article discusses developments since the 2021 Hager decision (Vincent Hager v. M&K Construction, 246 N.J. 1 (2021), and recent shifts in the legal landscape as state and federal laws have evolved with regard to medical marijuana. You can read the article here. 

June 20, 2025 – Mark Wellman (New York, NY) was published in CLM Construction Claims Magazine – Summer Edition as a co-author of the article “Danger: Construction Site. Avoiding Liability & Workers’ Compensation Exposure in the Construction Industry.” The article explores key strategies for mitigating risk and managing claims in the high-stakes world of construction. You can read this article here.

June 17, 2025 – Jacob Gilboy’s (Harrisburg, PA) article “Employment Discrimination and Retaliation – Best Practices to Avoid Headaches,” was published in PLUS Blog. Employment discrimination and retaliation claims can disrupt even the most well-run organizations. In this article, Jake shares five practical tips for navigating these situations without making them worse! Read it now on the Professional Liability Underwriting Society (PLUS) blog. 

June 10, 2025 – Ryan Friel (Philadelphia, PA) authored the article, “Proposed FINRA Rule 3290—A Regulatory Breakthrough or a Halfhearted Attempt at Real Reform?,” appearing in The Legal Intelligencer. The article questions if the proposed rule is truly a modernization of outdated regulations or merely a cosmetic update that fails to address the core concerns of broker-dealers and their registered representatives. Read here.

May 19, 2025 – Josh J.T. Byrne and Alesia Sulock (both of Philadelphia, PA) authored “The Barrier to Legal Malpractice Cases Arising Out of Class Action Settlements,” published in The Legal Intelligencer. Josh and Alesia explore a recent Delaware Supreme Court decision which examines why it is appropriate to have high barriers to legal malpractice actions after a class action settlement. You can read their article here.

May 2025 – Michele Punturi (Philadelphia, PA) co-authored, with clients, the article “Danger: High Risk Ahead – Managing Workers’ Comp Exposure in Risky Industries,” appearing in CLM Magazine. The article discusses best workers’ compensation claims management practices for high-risk sectors including construction, health care, transportation, and retail and hospitality. You can read the article here. 

 

RECOGNITION

Jason Banonis (King of Prussia, PA) has been elected to the Board of Governors of the Bowie State University Maguire Academy for Risk Management and Insurance. He will also serve on its Education, Curriculum, and Program Committee. The Academy is affiliated with the Saint Joseph’s University Maguire Academy of Insurance & Risk Management, which was created by Saint Joseph’s alumnus James J. Maguire, founder and longtime CEO of the Philadelphia Insurance Company. Its purpose is to promote and support education in insurance, risk management, and actuarial science and offers services to its students, including scholarships, internships and co-op experiences, counseling, and assistance with career placement. Current academy board members include executives from global insurance companies and corporate risk managers.

James Hanratty (Jacksonville, FL) and Alesia Sulock (Philadelphia, PA) have been admitted to membership of the International Association of Defense Counsel. The IADC is an invitation-only, peer-reviewed association that has served a prestigious membership of corporate insurance executives and insurance defense attorneys since 1920. Its members include many of the world’s foremost corporate and insurance lawyers, as well as leading insurance executives.

Ryan Hauck (Pittsburgh, PA) was recently elected by his peers to serve a two-year term as a Council Member on the Allegheny County Bar Association Workers’ Compensation Section Committee. 

Blake Hood (Jacksonville, FL) was recently appointed as co-chair of the Jacksonville Bar Association’s Social Security/Workers’ Compensation Committee. 

Marshall Dennehey has once again been recognized as a leader in client service, earning a spot on BTI Consulting’s Client Service A-Team 2025, which honors law firms delivering the highest levels of service to corporate clients. Based exclusively on feedback from corporate counsel, the firm ranked as a “Stand Out” among all law firms nationwide, affirming our continued strength in building trusted relationships, understanding client goals, and delivering consistent, results-driven service. The BTI Client Service A-Team is the only law firm ranking based solely on direct, unprompted feedback from legal decision-makers at large companies. The 2025 report is based on more than 350 in-depth interviews conducted between May 2024 and February 2025 with general counsel, chief legal officers, and their direct reports. To learn more, visit BTI’s Client Service A-Team, at https://bticonsulting.com/bti-client-service-a-team. 

 

Defense Digest, Vol. 31, No. 3, September 2025, 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. © 2025 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

PA Middle District Dismisses Claims Against School District and its Superintendent, Principal, Special Education Director, and Classroom Teacher

A five-year-old special education student was enrolled in the Wyoming Valley West School District and attended the State Street Elementary School during the 2024-2025 school year. The student refused to clean up classroom toys at dismissal. When his teacher allegedly grabbed him by the wrist to walk him back to his seat, the student dropped to the floor and began crying. The teacher then allegedly grabbed the student by the ankle and dragged him across the floor. Following an investigation, criminal charges were not advanced by the county DA, and the school permitted the teacher to return to the classroom. The student’s parents sued, lodging thirteen legal counts under both state and federal law, which sought monetary damages from the teacher, the school district, the superintendent, the principal, and the director of special education. The plaintiff’s 42 USC 1983 claims were dismissed as to the school district for failure to allege a policy or custom violation, and the failure to alleged deliberate indifference in the failure-to-train context. As to the superintendent, building principal, and special education director, the Section 1983 claims were also dismissed for failure to allege personal involvement on the part of the individuals. Regarding an equal protection claim asserted against all defendants, the motion to dismiss was also granted for a failure to advance a plausible equal protection claim, holding that “plaintiffs' single-act allegations do not include a factual basis to even infer that the act was motivated by discriminatory animus rather than some other non-discriminatory impulse.” The court further dismissed the plaintiff’s negligence-based claims including negligence against the teacher and district administrators, NIED, and vicarious liability under the Political Subdivision Tort Claims Act (PSTCA). The federal claims under the IDEA, Section 504, and the ADA were also dismissed in various respects. The IDEA claim was dismissed against all defendants with prejudice for failure to exhaust administrative remedies. The Section 504 claims against the individual defendants were also dismissed with prejudice, as districts, not individuals, are the recipients of federal funds under Section 504. However, the Section 504 and ADA claims were dismissed without prejudice as to defendant Wyoming Valley West, and the plaintiff was permitted leave to amend.

News

Christina Gonzales To Speak at the Women of Color Roundtable at DRI’s Diversity and Inclusion Seminar

News

John J. Hare Featured in Pennsylvania & Delaware Super Lawyers Magazine

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. 

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.

Thought Leadership

U.S. Supreme Court Decides Key Issue Regarding Interstate Freight Broker Liability

Freight brokers are intermediaries.  They connect shippers of goods with trucking companies that transport those goods.  Freight brokers match a load of freight with a trucking company and oversee the logistics of the transportation. For a number of years there has been a division among the Federal Circuits regarding the potential liability of freight brokers when the trucking companies that they retain for interstate loads are involved in accidents.  At the center of this division was the Federal Aviation Administration Authorization Act of 1994 (FAAAA).  Some Federal Circuit Courts have held that state law negligent hiring claims against freight brokers were preempted by the FAAAA .  Other Federal Circuits Courts have held that even if preemption applied, the “safety exception” in the FAAAA saved state law negligent hiring claims from federal preemption.  On May 14, 2026, the U.S. Supreme Court addressed the conflict in Montgomery v. Caribe Transport II, LLC, et al, No24-1238. In that case freight broker C.H. Robinson selected Caribe Transport to haul an interstate load. The commercial truck driver employed by Caribe Transport allegedly caused an accident and the plaintiff, Montgomery, was seriously injured. Montgomery brought an action against the driver, Caribe Transport and C.H. Robinson. The allegation against C.H. Robinson was that it negligently retained Caribe Transport when it knew, or should have known, that it was an unsafe company. The Seventh Circuit Court of Appeals held that Montgomery’s claims against C.H. Robinson were preempted by the FAAAA. The plaintiff appealed to the U.S. Supreme Court.  The U.S. Supreme Court’s decision focused primarily on the safety exception in the FAAAA.  That provision provides that the FAAAA preemption “…shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” C.H. Robinson argued, as freight brokers historically have, that their function was not “with respect to motor vehicles” because they do not own trucks or employ drivers. They are merely intermediaries, connecting entities who need freight moved with entities who can do that job. Therefore, C.H. Robinson argued that preemption applied, not the safety exception. The U.S. Supreme Court did not accept that argument. The Court focused on the meaning of the phrase “with respect to” in the safety exception. The Court held that it means “referring to”, “concerning” or “regarding”. Therefore, writing for a unanimous Court, Justice Barrett concluded that “[r]equiring C.H. Robinson to exercise ordinary care in selecting a carrier therefore “concerns” motor vehicles—most obviously, the trucks that will transport the goods. So, Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption.” Justice Kavanaugh, in his concurring opinion, noted the effect this ruling may have on freight brokers and their insurers throughout the country: Importantly, the Court's decision today should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents. As even plaintiff's counsel stressed, brokers should be able to successfully defend against state tort suits if the brokers have acted reasonably and arranged transportation with reputable trucking companies. Tr. of Oral Arg. 27-29. In plaintiff's counsel's words, the brokers "just have to hire carriers that actually have a reasonable policy," and "the broker is not going to have a problem if it's asking the hard questions of the carrier." Id., at 42, 45. In addition, the proximate-cause requirement in typical state tort law should help protect brokers from excessive liability. Id., at 25. That said, the brokers rightly caution against naivete. In the real world, as the brokers forcefully respond, state tort law can be unpredictable, and the costs to brokers of litigation and insurance may be significant even when brokers prevail in lawsuits. Moreover, the costs of litigation and insurance, as well as the costs of brokers' conducting more substantial inquiries into trucking companies, will cascade through the economy and be paid in part by American consumers in the form of higher prices. The concerns expressed by the brokers are legitimate and weighty. The key point here is that freight brokers can no longer claim they are protected from negligent retention claims by the FAAAA (in cases involving interstate transportation). The challenge will be to determine what is considered ”reasonable efforts” used by brokers when retaining transportation companies. 

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Thought Leadership

Marijuana Legalization and Workplace Risk: What New Jersey Employers Need to Know

While the legalization of recreational marijuana usage poses a risk of increased work-related accidents for younger workers, employers can work to curb this increase by investing in education, effective drug policies, and employee assistance programs.

graphic with Maria Granaudo photo text announces she has joined the firm as a shareholder in the Health Care Dept.

News

Maria R. Granaudo Joins Marshall Dennehey’s Wilmington Office As a Shareholder in the Health Care Department

Event

29th Annual FDLA Florida Liability Claims Conference

Jim and Erica will team up to present, "Supporting the Next Generation: Connecting with Associates." This panel-style presentation will explore communication best practices from the perspective of a senior shareholder and newer associate. The discussion will focus on the communication styles of different generations and effective strategies to avoid communication breakdowns. Topics to be discussed include the hiring process, perceptions of defense work among newer lawyers, work-life balance issues after hiring, and mentoring.