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Timothy J. Hartigan

Shareholder

TJHartigan@mdwcg.com

Portrait of Timothy J. Hartigan

Timothy provides legal counsel to insured individuals and corporations who are defendants in claims arising in the areas of premises liability, product liability, construction defects, and auto liability. Tim also represents homeowners sued for alleged failure to disclose pre-sale conditions of their homes to buyers, a practice area referred to as real estate sellers disclosure liability. He has defended claims on behalf of companies in slip and fall cases, manufacturing design and defect cases, and failure to warn cases. 

Tim has litigated multiple construction defect matters in Philadelphia and surrounding county courts involving stucco/ EIFS coated structures and water intrusion, both as the stucco contractor and on behalf of other trades. Stucco/ EIFS issues have also been involved in many of the seller's disclosure cases he has litigated. He has handled mold litigation that were contained within larger construction-defect related claims.

Tim's significant experience in this area has allowed him to develop a working familiarity with residential construction techniques and related liability issues. He has litigated more general construction defect issues, including building code compliance on behalf of general contractors performing casualty remediation on existing structures.

To date, Tim has tried roughly a dozen cases to verdict in state and federal courts in Pennsylvania. Hundreds more have been handled to a successful conclusion through public and private arbitration forums. Tim regularly serves as an arbitrator on cases in both Montgomery and Delaware Counties.

Prior to joining Marshall Dennehey, Tim was an associate at the law firm of Kelly, McLaughlin and Foster, after working at the law firm of Margolis Edelstein. At both firms, Tim primarily handled premises liability and automobile liability matters for the insurance company clients' policyholders. Tim also maintained a solo practice focusing exclusively on automobile and casualty subrogation for nearly eight years for over a dozen different insurance company clients.

Tim is a graduate of the University of Pennsylvania's Wharton School and Rutgers School of Law. He was the recipient of the American Jurisprudence Award for Achievement in the study of Torts while matriculating at Rutgers School of Law.

    • Rutgers Law School (J.D., 1992)
    • The Wharton School of the University of Pennsylvania (B.S., 1982)
    • Pennsylvania, 1992
    • U.S. District Court Eastern District of Pennsylvania, 1993
    • Montgomery County Bar Association, 2005 - Present
    • Pennsylvania Bar Association, 1992 - Present
    • "The (Rarely Heard) Other Voice In The Courtroom," Defense Digest, 2004
    • "Limit Those Claims: Applying the 'Gist of the Action Doctrine' to Remove Negligence, Fraud, Common Law Contribution and Indemnification Claims," Defense Digest, 2008
    • Panelist, Pennsylvania Bar Institute Continuing Legal Education program, Philadelphia's Compulsory Arbitration Program, 2001
    • Represented owner of deer fencing company sued by independent contractor whose assistant was injured when a tension cable being used in the installation of a deer fence system snapped and lacerated the plaintiff's face and eyes. Established that plaintiff himself was the cause of the cable snapping and subsequent injuries. Defense verdict.
    • Defense verdict in novel negligence/premises liability case. Defended a night club which had hired an off-duty state constable as a security guard who shot and killed a pedestrian who had just pulled a handgun and fired into a crowd of people on a busy city sidewalk. Two bystander plaintiffs alleged they were struck by bullets fired by the constable's weapon. Jury apparently agreed with our position that the decedent created a public hazard and that the constable's response was necessary and appropriate. We also argued that there was no proof that the bystanders were struck by bullets from the constable's weapon. We established that at least two other weapons were discharged during the situation and there were more bullets and bullet fragments present than could be accounted for by the known weapons. One bystander did not have the bullet removed from his body, and the bullet which struck the other bystander passed through her body and was not identified from those recovered at the scene.
    • Represented seller of home accused by plaintiff of failure to disclose numerous of prior incidents of water intrusion. Conceded a single incident of water intrusion, which occurred post execution of agreement of sale and which was thought to have been repaired. Asked the jury to find for the plaintiff in the amount of approximately $2,000 for repairs related to that incident. Jury returned verdict of $2,500 for plaintiff.
    • Represented plumbing contractor joined by home builder as an additional defendant in numerous construction defect cases commenced against builder by homeowners. Successfully raised "The Gist Of The Action Doctrine" as a complete bar to claims for contribution and indemnification by builders. Five claims dismissed on motions in Chester County Court of Common Pleas. Two more claims pending in Delaware County Court of Common Pleas.

Results

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Successful Resolution of Premises Liability Action

We successfully tried a premises liability action to a defense verdict in favor of a resident’s association in the Chester County Court of Common Pleas, and also successfully defended against the plaintiff’s appeal. ​The plaintiff, who was a community resident (formerly married to a unit owner but not an owner herself), claimed that she tripped and fell on a tree branch on common area steps at night as a result of a burned out PECO-owned lamp, and that the Association failed to ensure that the light was fixed. The plaintiff had asked for either invitee status or a hybrid charge on duty, but the court agreed with the defense that she was able to use the common areas by permission, not by invitation, making her a licensee only. This resulted in the duty owed being only to make the property as safe as it appeared. The defense presented multiple instances of notice to PECO of the burned-out light, and the plaintiff conceded the defense contention that it could not change the bulb itself because PECO owned the lamp. The plaintiff also conceded that she had been aware of the light being out for some time. The jury unanimously found in favor of the Association and, on appeal, the Superior Court affirmed the judgment on the jury verdict, finding that the trial court did not err by charging the jury that the plaintiff was entitled only to the care due to a licensee on the property, and not an invitee.

Firm Highlights

Thought Leadership

Congress Passes Financial Exploitation Prevention Act

On June 25, 2026, the House passed the Financial Exploitation Prevention Act of 2025 (“the Act”) by a vote of 414 to 2. The Act allows financial advisors and firms to delay suspicious transactions regarding the accounts of clients who are 65 or older, if they believe financial exploitation has occurred or is about to take place. With the advancement of technology and AI, the House’s overwhelming bipartisan passage of the Financial Exploitation Prevention Act represents an important step in strengthening the financial industry’s ability to combat the growing threat of elder financial exploitation. The Act recognizes what advisors have long known that financial professionals are often the first to detect suspicious behavior but have historically lacked clear legal authority to intervene before irreversible financial harm occurs. From the industry’s perspective, the bill accomplishes several important objectives, including the following: (1) Provides a practical “pause button” by allowing financial professionals to temporarily delay certain transaction requests when there is a reasonable belief that a senior or vulnerable adult is being financially exploited; (2) Empowers financial professionals to act by providing greater certainty that firms can act in good faith to protect clients without unnecessary legal risk; and (3) Strengthens investor protection without sacrificing client rights by allowing temporary delays based on a reasonable suspicion of exploitation, which is intended only to allow additional review and not to deny clients access to their money indefinitely. In sum, the Financial Exploitation Prevention Act will equip financial professionals with practical, carefully tailored tools to stop suspected financial exploitation before client assets are lost. By allowing firms to temporarily delay suspicious transactions under defined circumstances, Congress is recognizing the critical role advisors play as the first line of defense against increasingly sophisticated fraud schemes. The Act strikes an appropriate balance between protecting vulnerable investors and preserving individual financial autonomy, while reinforcing collaboration among advisors, families, and law enforcement to combat financial exploitation. The bill now awaits Senate action.

empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent

Thought Leadership

New Jersey Expands Family Leave Protections Effective July 17, 2026

On January 17, 2026, Governor Murphy signed into law legislation expanding the New Jersey Family Leave Act (NJFLA). Beginning July 17, 2026, significant amendments to the NJFLA will expand job-protected family leave to smaller businesses and more employees across the state. The new law broadens coverage by lowering the threshold for private employers from 30 employees to 15 employees, meaning many smaller businesses will now be subject to the NJFLA. Employees of state and local government agencies will continue to be covered regardless of the size of the employer. The amendments also make it easier for employees to qualify for leave. Under the revised law, an employee will be eligible after three months of employment and at least 250 hours worked during the preceding 12 months, replacing the previous requirement of 12 months of employment and 1,000 hours worked. Currently, New Jersey's Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs provide eligible employees with wage replacement while they are on leave but do not independently guarantee job protection. The recent amendments to the New Jersey Family Leave Act (NJFLA) expand these protections by extending job-protected leave to additional employees. Under the amended law, employees receiving TDI or FLI benefits may be entitled to return to the same position they held before taking leave, or to an equivalent position with the same seniority, status, pay, and benefits. Although the legislation also states that it does not expand or modify an employee's reinstatement rights under the NJFLA, the amendments appear to provide job protection to eligible employees receiving TDI or FLI benefits without requiring them to separately satisfy the eligibility requirements of the NJFLA or the federal Family and Medical Leave Act (FMLA). As a result, some employees may be entitled to longer periods of job-protected leave than were previously available under existing law. With these amendments, New Jersey continues to strengthen workplace protections by expanding access to job-protected family leave for eligible employees. These changes significantly expand access to job-protected family leave and may require employers to update their leave policies, employee handbooks, and HR practices. Notably, employers who were previously not required to administer NJFLA may need to amend their policies and/or create new protocols to come into compliance with the NJFLA. Failure to do so would prove costly, as the penalties for non-compliance are significant.

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. 

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

News

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

Thought Leadership

SIU Gets a Boost: NJ Supreme Court Affirms Insurers' Right to Litigate, Not Arbitrate, Fraud Claims

In a significant win for insurers' Special Investigation Units, the New Jersey Supreme Court clarified that statutory insurance fraud and racketeering claims may proceed in court rather than through PIP arbitration. At issue was whether insurance fraud claims brought under New Jersey's Insurance Fraud Prevention Act (IFPA) and the state's Anti-Racketeering Act (NJ RICO) are subject to mandatory arbitration under the Automobile Insurance Cost Reduction Act’s (AICRA) PIP dispute-resolution framework. Allstate had sued a network of medical practices, physicians, and related corporate entities, alleging a scheme to extract more than $1.7 million in PIP benefits through fraudulent and misleading billing. The trial court dismissed Allstate's complaint and compelled arbitration, reading AICRA's arbitration clause — which covers "any dispute regarding the recovery of... benefits" under PIP coverage, N.J.S.A. 39:6A-5.1(a) — as sweeping in fraud and racketeering claims along with routine benefit disputes. The Supreme Court affirmed the Appellate Division's reversal, adopting Judge Gilson's opinion below (480 N.J. Super. 566 (App. Div. 2025)) as its own reasoning. The Court held that IFPA and RICO claims fall outside the scope of AICRA's PIP arbitration mechanism because that "streamlined and specialized" process cannot grant the relief those statutes contemplate — treble damages, injunctive relief, broad discovery, and joinder of third parties — and because arbitrators lack authority to award compensatory or treble damages to an insurer. The Court also rejected the argument that Allstate's own Decision Point Review Plans independently compel arbitration, finding those plan provisions no broader than AICRA's own arbitration clause. Notably, the Court expressly disagreed with the Third Circuit's contrary holding in GEICO v. Mt. Prospect Chiropractic Center, 98 F.4th 463 (3d Cir. 2024), concluding it is not bound by that federal interpretation of New Jersey law. Insurers retain the right to pursue IFPA and RICO claims in the Law Division, with a jury trial. For SIU units and NJ insurance carriers, this decision is a significant win: it forecloses defense clinics' primary procedural tool for shunting fraud investigations into limited-scope PIP arbitration, where treble damages, RICO relief, and meaningful discovery were never realistically available. Carriers building cases against fraudulently structured clinics, straw-owned practices, or coordinated billing networks can now proceed with confidence that a well-pleaded IFPA/RICO complaint stays in the Law Division rather than being diverted to arbitration on a motion to compel. Practically, this strengthens SIU's leverage in settlement negotiations, preserves civil discovery tools (subpoenas, depositions, joinder of related corporate entities) critical to unwinding complex ownership and referral schemes, and resolves the split with the Third Circuit in favor of NJ insurers — at least as a matter of state law. Expect increased reliance on IFPA civil actions, rather than PIP arbitration demands, as SIU's primary enforcement vehicle going forward.

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Casey Alan Coyle Joins Marshall Dennehey's PA Appellate Practice as a Shareholder in Harrisburg and Philadelphia

News

Marshall Dennehey Expands Leading Pennsylvania Appellate Practice With Addition of Shareholder Casey Coyle

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

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Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars