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Defense Digest

On the Pulse…Other Notable Achievements

Defense Digest, Vol. 31, No. 2, June 2025

June 1, 2025

THOUGHT LEADERSHIP

April 17, 2025 – Lauren Purcell’s (Pittsburgh, PA) article, “A Post-’Sullivan’ World Requires a Strong Expert Report,” was published by The Legal Intelligencer. You can read here article here.

March 17, 2025 – The Legal Intelligencer published Alesia Sulock’s and Josh J.T. Byrne’s article “‘Clear and Convincing’ Is the New Standard for Attorney Disciplinary Matters.” You can read their article here.

February 27, 2025 – Brad Haas (Pittsburgh, PA) authored the article, “Pennsylvania’s Expanding Vicarious Liability Standard,” appearing in The Legal Intelligencer. The article discusses the Pennsylvania Superior Court’s January 31st ruling in Coryell v. Morris, which represents an expansion in the state’s approach to vicarious liability for franchisors. Read the article here.  



SPEAKING ENGAGEMENTS

Jason Banonis (King of Prussia, PA) teamed up with William L. Roberts, MBA, ARM on May 7, 2025, to present “The Great Eight: 8 Questions Every Risk Professional, Claims Director or Litigation Manager Must Ask Defense Counsel Before Taking a Verdict” at the annual RIMS Conference.

Josh J.T. Byrne (Philadelphia, PA) participated in the Pennsylvania Bar Institute webinar “The New World of Immigration Under the Trump Administration: Sensitive Area and Worksite Enforcement” on April 22, 2025.

James Cole (Philadelphia, PA) co-presented “This Is Jeopardy!!! Unfair Claims Practices” at the 2025 PLRB Conference on March 31, 2025. Presented in the popular game show format, this interactive session provided an in-depth analysis of the Model Unfair Claims Practices Act. 

Lee Durivage (Philadelphia, PA) co-presented at the Pennsylvania Bar Institute’s two-day “Employment Law Institute 2025,” held in Philadelphia on April 15–16, 2025.

John Hare (Philadelphia, PA) joined a panel of judges and attorneys to present the live webcast “New Voir Dire Rule Pa.R.C.P. 220.3,” on behalf of the State Civil Litigation Section of the Philadelphia Bar Association on March 19, 2025. 

Kevin Hexstall (Philadelphia, PA) co-presented “The Art of Settlement: Techniques and Strategies for Choosing the ADR Option that Gets the Best Results for Your Client” for the Philadelphia Bar Association. Held on May 7, 2025, this webcast presented a comprehensive examination of the various options for dispute resolution, including mediation, ADR, and judicial settlement conferences. 

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 on May 22, 2025. On May 5, Matt presented “Tips to Minimize and Manage Your Audit Trail Footprint” at the 33rd Annual New England Regional Healthcare Risk Management Conference. Finally, on May 2, Matt co-presented “Venue Shopping, Risk Management & Avoidance” with Curt Schroeder ((PA Civil Justice Reform) at the Keystone Chapter American College of Surgeons.

Matthew Keris and Nicole Tanana (both of Scranton, PA) headlined at the Pennsylvania Association for Health Care Risk Management (PAHCRM) 2025 Annual Conference. On April 16, 2025, Matt, chair of our Electronic Medical Record and Audit Trail Practice Group (and also PAHCRM President-Elect), presented “Tips for Keeping a “Clean” Medical Record in an Electronic World.” On April 17, Nicole presented a “Legal/Case Law Update.”

Andrew Marchese (Fort Lauderdale, FL) co-presented “Understanding Directors & Officers Liability and Insurance for Community Association Boards” for the Florida Bar Association on April 16, 2025. The Real Property, Probate & Trust Law Section’s CLE webcast focused on potential liabilities for community association board members; how they have changed with Florida’s new statutory requirements; and what liabilities are covered by insurance policies.

A.C. Nash (Fort Lauderdale, FL) co-presented “The Yellow Brick Road to Litigation Success: What Happens When Carriers and Defense Counsel Team Up?” on April 10, 2025, at the annual CLM Conference.

Jeffrey Rapattoni (Mount Laurel, NJ) presented “Ethics and the Investigator” at the 18th Annual New England Chapter of the IASIU Seminar. On April 16, Jeff co-presented “Update in Fraud - A Legal Panel” at the 2025 Pennsylvania Insurance Fraud Conference, a collaboration between the Insurance Fraud Prevention Authority and International Association of Special Investigation Units. Additionally, on March 4, Jeff presented at the Insurance Fraud Management (IFM) Conference where he spoke on two different panels during the conference: “Emerging Challenges in Insurance Fraud Investigations,” and “Exploring the Past and Predicting the Future of the SIU Landscape.” 

Jacqueline Reynolds (King of Prussia, PA) co-presented “Give Us Liberty and Give Us Safety: Understanding Civics in the 21st Century Campus Conversations Series” at Gwynedd Mercy University on March 18, 2025. Hosted by the Montgomery Bar Association, this discussion on the enduring legacy of the U.S. Constitution, explored key amendments—including the 1st, 2nd, 4th, 5th, 6th, and 14th—examined their language, legal interpretation, and real-world impact. From safeguarding individual freedoms to limiting government overreach, these amendments continue to shape our society 238 years after the Constitution’s ratification. Also, on March 7, 2025, Jacqueline joined a panel to present “Preparing Your Bar Association for the Silver Tsunami: What Are the Roles and Opportunities for Bar Associations Related to Aging Members and an Aging Community.” This presentation was made at the Pennsylvania Bar Association’s Annual Conference of County Bar Leaders.

Alesia Sulock (Philadelphia, PA) joined a panel discussion at the American Bar Association Spring 2025 LPL conference, “By Young Professionals, For Young Professionals: YP Roundtable – Part Three – A Lunch Discussion” on April 3, 2025.

Elizabeth Underwood (Philadelphia, PA) presented as part of “Decoding the Doctor’s Notes: A Legal Guide to Medical Evidence,” a day-long webinar hosted by NBI. Held on March 20, 2025, the webinar focused on providing insights and skills to effectively utilize and challenge medical records and experts in litigation. Beth presented two sessions, one on “Getting the Most Out of Medical Experts” and the other on “Best Practices for Presenting Medical Records and Expert Testimony.” 


 

Defense Digest, Vol. 31, No. 2, June 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

What’s Hot in Workers’ Comp - News and Results*

RESULTS ​Perry Merlo (Harrisburg) obtained a favorable ruling involving a claimant who sustained a recognized lower back injury while employed by the defendant and continued to seek workers’ compensation benefits. Following an independent medical examination, Perry filed a termination petition alleging that the claimant had fully recovered from her work injury as of September 10, 2025. The claimant opposed the petition and presented testimony from her own medical expert. The judge granted the termination petition, finding the testimony of the defense medical expert more credible than the testimony of the claimant and her expert; and finding that the claimant had fully recovered from her work-related injury as of September 10, 2025. Kacey C. Wiedt (Harrisburg) secured a complete victory involving a alleged hand laceration resulting additional shoulder and upper extremity injuries. The defense successfully demonstrated that the claimant did not sustain the additional injuries alleged, had fully recovered from the accepted injury, and was terminated for performance-related reasons unrelated to his work injury. Relying in part on text messages and photographs that contradicted the claimant’s alleged limitations, the defense secured a decision denying the claim petition in its entirety and granting the termination petition effective June 10, 2025. The claimant recovered no additional benefits despite previously making a $230,000 settlement demand. Anthony Natale III (King of Prussia) secured a complete defense victory involving an alleged ongoing disability following a work-related cervical spine injury sustained in a truck accident. The defense successfully demonstrated that the claimant had been released to return to full-duty work, was subsequently discharged for cause after failing a mandatory drug test, and had fully recovered from his work injury. Following litigation of both the suspension and termination Petitions, the court found that the claimant was capable of returning to unrestricted employment and had fully recovered from his cervical spine injury. Anthony Natale III (King of Prussia) secured a complete defense victory involving an allegation of ongoing orthopedic and neurological injuries, including post-concussion syndrome, resulting from a motor vehicle accident while volunteering for the township. The defense successfully demonstrated that the claimant had fully recovered from her work-related injuries and was exaggerating her symptoms. Finding the defense medical expert more credible, the court granted the termination petition and concluded that the claimant had fully recovered. The court also dismissed all four of the claimant’s review petitions challenging prior utilization review determinations that found her medical treatment to be unreasonable and unnecessary. Anthony Natale III (King of Prussia) secured a complete defense victory involving a low back injury. The defense successfully demonstrated through medical evidence that the claimant had fully recovered from her work injury. Following litigation of the termination petition, the court found the defense expert credible and concluded that the claimant was fully recovered. The court granted the termination petition despite the claimant proceeding without counsel and arguing that personal circumstances prevented her from adequately defending the matter. As a result, the claimant’s entitlement to ongoing workers’ compensation benefits was terminated. . *Prior Results Do Not Guarantee a Similar Outcome NEWS Congratulations to Kacey Wiedt on being named Best Lawyers in America® 2027 "Lawyer of the Year" for Workers' Compensation Law - Employers. We are also proud to celebrate our firm’s 14 workers’ compensation attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. This distinction is especially meaningful, as fewer than 6% of practicing attorneys in the United States earn recognition from their peers through the Best Lawyers selection process. The Best Lawyers in America® Heather Byrer Carbone Daniel W. Deitrick Benjamin K. Durstein Linda Wagner Farrell Keri L. Morris-Johnston Anthony Natale III Michele R. Punturi Andrea C. Rock Robin M. Romano Robert P. Schenk Michael A. Sebastian Francis X. Wickersham A. Judd Woytek Best Lawyers: Ones to Watch® in America Alana Staniszewski Angela DeMary (Mount Laurel) is presenting at the National African American Insurance Association (NAAIA) Annual Conference on September 24. In a panel workshop session, "Old Instincts, New Tools: How AI is Actually Transforming Claims Handling," Angela will discuss existing and emerging AI techniques relevant to claims and legal defense, and explore how AI works alongside traditional methods to improve efficiency and outcomes. For more information, click here. Judd Woytek (King of Prussia) is speaking at the National Comp conference in Las Vegas in September. He joins a group of panelists to present “Older, Wiser, But Costlier to Heal: What an Aging Workforce Means for Employers and for the Industry,” a discussion focused on the challenges employers face in balancing safety, compliance, and productivity as the workforce continues to age. Judd and his co-presenters will address proactive strategies to reduce workplace risk, support older employees, navigate age-discrimination and workers’ compensation issues, and build a safer, more resilient workforce. For more information, visit National Comp. Conference and Trade Show.

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