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Defense Digest

On the Pulse…Our Roseland, New Jersey, Office

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

September 1, 2023

by Justin F. Johnson

In February 1993, Roseland became the home of Marshall Dennehey’s North Jersey office. Its lone member, Howard Mankoff, was the original local managing attorney, and he is still with us today. Our initial home was in nearby Livingston, before relocating to our present office for the past 20 years. The Roseland office is located in the heart of North Jersey, in close proximity to two of the state’s largest cities, Newark and Paterson, and is a mere “hop, skip and a jump” to New York City (at least when traffic is light). In 2022, the office underwent a major construction project that included the creation of a beautiful new conference center, installation of state-of-the-art technology and communications systems, as well as new office furniture and decor. 

Over the past three decades, our office has experienced exponential growth and currently boasts 36 attorneys (24 shareholder/senior counsel, 4 special counsel, and 8 associate attorneys). An additional 3 attorneys joined us after the Labor Day holiday, when they concluded their judicial clerkships. Roseland is one of Marshall Dennehey’s largest offices. Our attorneys specialize in all four of the firm’s essential practice department: Casualty (16 attorneys), Health Care (8 attorneys), Professional Liability (6 attorneys), and Workers’ Compensation (6 attorneys). Many of our attorneys have decades of legal experience and are recognized leaders in their areas of specialization. Our office also benefits from the support of 10 accomplished and dedicated paralegals. 

Roseland’s Casualty Department is headed by Christopher Block, and includes Matt Schorr (who also serves as Assistant Director of the Casualty Department firmwide), Len Leicht (who received the honor of being named among the 2024 Best Lawyers in America for personal injury litigation), Mike Speer, Tim Jaeger, Alicia Calaf (member of the firm’s Diversity, Equity & Inclusion Committee as well as the Executive Committee Advisory Counsel), Art Bromberg, Julie Dorfman, Josie Scanlan, Sara Mazzolla, Jonathan Williams, Gary Lesser, Paul Lanza (who was recognized as a 2023 New Jersey Super Lawyer Rising Star), Brian Byrne, Hellen Tuckett, and Sean Govlick. Paul and Josie have also been identified as 2024 Best Lawyers: Ones to Watch. The Casualty Department handles a wide variety of cases. Its attorneys aggressively tackle their cases and routinely achieve successful results for their clients, both outside and in the courtroom. 

The Roseland Health Care Department is supervised by Bob Evers (named as a 2023 New Jersey Super Lawyer, included among the 2024 Best Lawyers in America, named 2024 Lawyer of the Year for medical malpractice law in our region). Other members of the Health Care Department include Justin Johnson and Julia Klubenspies (both of whom also were named as 2024 Best Lawyers in America for medical malpractice law in the Newark, New Jersey, region), Ryan Gannon and Heather LaBombardi (both of whom were named as 2023 New Jersey Super Lawyers Rising Stars), Maura Brady, Dave Tomeo, and Eric Grogan. In the recent past, the Roseland Heath Care Department (in conjunction with our colleagues in the Mount Laurel office) was recognized as runner-up for the Best Litigation Group in New Jersey. 

The Professional Liability Department in Roseland is led by Will Waldron (who is the supervisor for the Northeast Professional Liability Group) and Sunny Sparano (who serves as Chair of the Architectural, Engineering and Construction Defect Litigation Practice Group for the firm), Howard Mankoff, Wendy Smith, Patricia McDonagh, and Pauline Tutelo. This group has an extremely diverse portfolio of case types and is comprised of some of the most talented and experienced attorneys in their industry. 

And last, but far from least, Roseland’s powerful and robust Workers’ Compensation Department is headed by Greg Bartley. Other group members include, Rachel Ramsay-Lowe (who currently serves a member of the Executive Committee of the New Jersey State Bar Association’s Workers’ Compensation section), Ida Fuda, William Murphy, Lela Eke, and David Levine. This group has grown in size during Greg’s tenure and successfully litigates a tremendous volume of cases. 

In Roseland, we draw upon a wealth of experience and a depth to service our clients that goes above and beyond their expectations. Many of our attorneys have successfully litigated cases through trials, arbitrations, mediations, and keen motion practice. In combination with our Marshall Dennehey colleagues in the Mount Laurel office, we have been named a finalist in The American Lawyer Regional Litigation Department of the Year award. Although we are very diverse in our backgrounds, educations, and experiences, we are a tight-knit group (attorneys, para-professionals, and staff) who trust and care for each other, and genuinely enjoy each other’s company. If you are ever in our area, we would love to have you stop by and see for yourselves. 

*Justin, a shareholder, is the managing attorney of our Roseland, New Jersey, office. He can be reached at 973.618.4185 or jfjohnson@mdwcg.com.

 

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

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.

News

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

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. 

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.

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

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. 

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

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.

News

Marshall Dennehey Again Earns Recognition in Distinguished Chambers USA

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial