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Wendy R.S. O'Connor

Wendy R.S. O’Connor, an attorney with 30+ years of experience in the defense litigation arena, has practiced in a variety of areas during the course of career, beginning with environmental insurance coverage and pharmaceutical products liability defense. After taking off time to raise her four daughters, one of whom is intellectually disabled, Wendy returned to the practice of law in the area of business litigation for five years before finding her “forever home” at Marshall Dennehey, where she focuses her practice in general casualty defense, retail premises liability and veterinary liability defense.

Representing local, regional, and national clients in trial and at the appellate level, Wendy has honed her written and oral advocacy over a lifetime of practice in the state and federal courts of Eastern Pennsylvania. Wendy is a prolific writer and presenter on litigation trends and has drafted scholarly articles on topics as diverse as the Peer Review Act and motorist cell phone usage as a basis for punitive damages claims. Wendy frequently writes about the practice of law from an interpersonal perspective and has authored articles focusing on client relations, collegiality in the profession, and the importance of mentorship.

Wendy views her role as counsel as both providing a sound, compelling defense as well as shepherding her clients through what can be a stressful and frightening experience. As a former parenting educator, Wendy attended an intensive, fifty-hour course for facilitators that concentrated on communication and has found this training to be an invaluable asset in her legal practice. From a philosophical standpoint, Wendy attributes her success to exhaustive preparation, humility, a hard-won thick skin, and her signature double string of pearls.

A voracious reader, Wendy also enjoys writing about non-legal issues and has authored over one hundred essays on current events, society, and culture. In 2002, Wendy wrote a story for her oldest daughter featuring a family not unlike her own; in the years since, she has penned twenty more such tales which, in addition to her annual scrapbooks, have become family heirlooms. Wendy loves to garden, her Newfoundland dog, Hattie; and her husband of 35 years, Michael, a family medicine physician. 
 

    • Penn State Dickinson Law (J.D., 1989)
    • Mount Holyoke College (A.B., magna cum laude, 1986)
    • Pennsylvania, 1989
    • New Jersey, 1990
    • U.S. Court of Appeals 3rd Circuit, 1990
    • U.S. District Court District of New Jersey, 1990
    • U.S. District Court Eastern District of Pennsylvania, 1990
    • U.S. District Court Middle District of Pennsylvania, 2008
    • U.S. Supreme Court, 2019
    • American Veterinary Medical Law Association
    • Lehigh County Bar Association
    • Northampton County Bar Association
    • Pennsylvania Bar Association
    • Hills and Ridges:  Defending the Snow and Ice Slip and Fall Case in Pennsylvania, Marshall Dennehey Client Presentation, 2019
    • Limited Tort v. Full Tort/Verbal Threshold v. Zero Threshold – Which Option Applies? Marshall Dennehey Client Presentation, 2018
    • A Primer on Legal Malpractice Claims in Pennsylvania, Marshall Dennehey Client Presentation, 2017
    • Blitz on Damages:  Reducing the Plaintiff's Economic Damages Claim, Marshall Dennehey Client Presentation, 2016 
    • The Whittling Away of Protection Afforded Under the Pennsylvania Peer Review Protection Act, Health Care and Health Law Seminar, Marshall Dennehey, November 5, 2015
    • Documenting Your Care: Good for You; Good for Your Patient, Pocono Medical Center Nursing Staff, October 2015
    • Informed Consent After Brady v. Urbas – Taking Another Look, Bar Association of Lehigh County, September 23, 2015
    • Mock Deposition of a Nurse, Pocono Medical Center Nursing Staff, May 2015
    • Beyond Barrick v. Holy Spirit: Guidelines for Expert Witness Communications, Northampton County Bar Association, March 2015
    • Anatomy of a Lawsuit and the Impact of the Internet, October 2014
    • Grievance or Dispute Resolution Clauses, September 9, 2014
    • Oh, What a Tangled Web We Weave: How the Internet Can Make or Break the Medical Professional Negligence Case, 63rd Annual Joint Meeting of the Lehigh County Bar Association and Lehigh County Medical Society, September 9, 2014
    • EMR and Electronic Communications with Patients: When is it Okay to Hit Send?, Pocono Medical Center Grand Rounds, December 2013
    • Litigation Issues Arising From the Use of Electronic Medical Records, Northampton County Medical Society, September 2013
    • Federal Discovery Abuses: Was That Wrong?
    • Getting Paid in a Recession Economy: Tips for the Small Business Owner
    • Documenting the Job: A Guide to AIA Forms for the Construction Manager
    • The Importance of Patient Communication, Sacred Heart Hospital Family Practice Residents, Winter 2012
    • Nursing Care Best Practices, Moravian Village of Bethlehem, Spring 2011
    • Recent Updates from Pennsylvania's Appellate Court: Civil Litigation, 2005
    • Support for Child Advocates, Philadelphia, PA, 1990-1994
    • Obtained a defense verdict at jury trial on behalf of an arts and crafts supply store with respect to its sale of a candle which was left burning unattended and burned down Plaintiff’s home, successfully defending against claims of product defect where candle manufacturer had obtained a joint tort release prior to trial.
    • Obtained a verdict in subrogation action at jury trial on behalf of a commercial trucking company with respect to a tanker truck explosion which occurred during the loading of lubricating oil.
    • Authored brief and argued before Superior Court of Pennsylvania to obtain affirmation of trial court’s order granting summary judgment in favor of sellers accused of failure to disclose defects of residential property.
    • Authored brief and argued before Superior Court of Pennsylvania to obtain affirmation by Commonwealth Court of Pennsylvania of trial court’s dismissal of settlement agreement in action by members of duck hunting club where agreement was found to be ambiguous. 
    • Authored brief and argued before Superior Court of Pennsylvania to obtain affirmation by Superior Court of trial court’s order granting summary judgment in favor of land development company against former partner demanding share of profits.
    • Obtained defense verdict for roofing materials manufacturer against claims by plaintiff for improper installation where plaintiff failed to adduce any evidence that he roofing materials were defective; that roofing contractor was agent of the manufacturer; or that contractor was trained by the manufacturer as to proper installation procedures.
    • Obtained defense verdict on behalf of homeowner where family friend assisting in moving tripped and fell on sidewalk crack where plaintiff admitted to being aware of crack long before moving day and that stepping on crack while carrying large, heavy boxes could be dangerous.
    • Obtained defense award on behalf of home oil heating contractor in case involving allegations of failure to timely deliver fuel oil, resulting in cracked pipes and water leakage.
    • Obtained defense award on behalf of restaurant/bar in case where plaintiff, who began an altercation with an ex-boyfriend, claimed to have been assaulted by bartender/employee.
    • Obtained defense award on behalf of cinema in case where plaintiff claimed to have sustained injury to knee after sitting on allegedly defective movie seat.
    • Obtained defense verdict on behalf of dentist in case where plaintiff claimed to have suffered damage as the result of alleged negligent performance of root canal procedure.
    • Obtained defense verdict on behalf of veterinarian and animal hospital where plaintiff claimed that dog with bradycephalic airway disease died while in hospital’s care.
    • Obtained defense verdict in favor of fast-food restaurant in case where Plaintiff claimed to have chipped a tooth due to presence of a pebble in hamburger.
    • Obtained judgment of non pros due to plaintiff’s failure to prosecute action against attorney sued in malpractice.
    • Obtained summary judgment in a premises liability case where the Plaintiff claimed her mobility scooter tipped over after encountering a pothole in a city street which, she claimed, was caused by our client’s installation of an ADA-accessible ramp on the adjoining sidewalk. Judgment was sought and granted based upon the lack of evidence to show that any act or omission on the part of our client caused or contributed to the formation of the pothole.
    • Obtained summary judgment in favor of janitorial service in slip and fall case against retail bookseller.
    • Obtained summary judgment on behalf of retail grocery store where plaintiff slipped on vendor’s delivery tray, which was sitting on floor, while reaching for loaf of bread on shelf.
    • Obtained summary judgment on behalf of an out-of-possession landlord where door-dash driver slipped and fell on ice while delivering food to tenant.
    • Obtained dismissal of retail grocer in case where plaintiff claimed to have been injured while walking in store parking lot. 
    • Obtained summary judgment on behalf of boxing gym where visiting coach fell from boxing ring.
    • Obtained summary judgment on behalf of entity accused of defamation against candidate for public office by means of alleged internet postings concerning candidate’s alleged conduct.
    • Obtained summary judgment on behalf of landowner in case where plaintiff claimed to have tripped over sidewalk displaced by tree roots.

Results

Summary Judgment Secured in Pennsylvania Motor Vehicle Case

We won summary judgment in a motor vehicle case before the Court of Common Pleas of Northampton County, Pennsylvania. The plaintiff was in the course and scope of her employment at the time of the vehicle collision. She filed a workers’ compensation claim, and the workers’ compensation judge ultimately determined that her alleged injuries were not related to the motor vehicle accident. The plaintiff appealed that decision to the Workers’ Compensation Appeal Board, which affirmed. In her civil action against the driver and owners of the other vehicle, we asserted that the decision of the workers’ compensation judge acted as collateral estoppel with regard to all claims, thus barring recovery by the plaintiff against our client. The plaintiff argued that the right to a jury trial, as guaranteed under the Pennsylvania Constitution, precluded application of collateral estoppel. The trial court disagreed, finding ample case law to support the application of collateral estoppel in such circumstances, and granted our motion for summary judgment.

Defense Knocks-Out Plaintiff

We obtained summary judgment on behalf of a boxing gym. ​The plaintiff, a seasoned boxing coach, claimed to have been injured when he fell out of a boxing ring during a sparring match at the defendant’s gym. The plaintiff asserted that while standing on the apron with his back to the ring, he was struck by one of the fighters and propelled out and onto the floor. He alleged the defendant was negligent because the boxing ring was “too high” and the flooring surface “too hard.” In granting the defendant’s motion for summary judgment, the court found first that the defendant owed no duty to the plaintiff because Pennsylvania law imposes no duty on sports facilities to protect spectators from risks that are common, frequent, and expected, and that the circumstances surrounding the incident eliminate any duty on the part of the defendant. The court also held that there was no evidence to support the plaintiff’s contentions that the boxing ring was too high or that the lack of padding on the surrounding floor was a deviation from an established custom. In fact, the evidence established that the boxing ring complied with national boxing regulations. Accordingly, summary judgment was granted, and the plaintiff did not appeal the decision.

Firm Highlights

News

Marshall Dennehey’s John J. Hare Brings Home Attorney of the Year Honors; Firm Named Litigation Department of the Year in Two Categories

Marshall Dennehey took home top honors in three categories at the The Legal Intelligencer’s 2026 Pennsylvania Legal Awards, held June 11 in Philadelphia. The first place awards include: Attorney of the Year: John J. Hare, Chair of the firm’s Appellate Advocacy & Post-Trial Practice Group and Executive Committee member, together with Charles “Chip” Becker of Kline & Specter Litigation Department of the Year, Appellate – Third Win in a Row! Litigation Department of the Year, Product Liability/Mass Torts “There is no one more deserving of Attorney of the Year honors than John. This award is a testament to his exceptional skill, dedication, and leadership—qualities that truly exemplify the very best of our firm,” said G. Mark Thompson, Marshall Dennehey’s President & CEO. “These honors also reflect the strength and depth of our product liability, mass torts, and appellate practices across Pennsylvania and beyond, underscoring our ongoing commitment to delivering outstanding results for our clients.” Attorney of the Year – John J. Hare, Marshall Dennehey, together with Charles “Chip” Becker, Kline & Specter Over the past year, John and Charles were opposing counsel in many of the highest-profile civil appeals in Pennsylvania. John is renowned as a preeminent appellate lawyer on the defense side, and Chip on the plaintiff's side. They have opposed each other repeatedly, exhibiting peerless professionalism and exceptional civility, while zealously litigating under the unremitting pressure of high-profile litigation and record-setting verdicts totaling more than $3.5 billion. They have also collaborated, outside of litigation, on many commissions, committees, and projects of importance to the Pennsylvania judiciary and legal community. Litigation Department of the Year – Appellate Law, Winner (previous winner, 2025 and 2024) 2025 was another standout year for the firm’s Appellate Advocacy & Post‑Trial Practice Group, led by John J. Hare, which was retained to challenge many of Pennsylvania’s “nuclear” verdicts—awards exceeding $10 million. Notably, the department persuaded the Pennsylvania Superior Court to reverse a Philadelphia judgment of $1.09 billion, the largest judgment ever overturned by a Pennsylvania appellate court. The group’s 11 full‑time Pennsylvania‑based appellate lawyers are at the center of Pennsylvania’s most high-profile matters, bringing more than 150 years of combined appellate experience. They routinely handle post‑trial and appellate matters and are frequently engaged to participate in and monitor trials in high‑exposure cases to ensure that critical legal issues are properly raised and preserved for appeal. Litigation Department of the Year – Product Liability/Mass Torts, Winner This marks the first win for the firm’s Pennsylvania Product Liability and Mass Torts practices, which operate within our Casualty Department, managed by Matthew Schorr and Jeff Rapattoni. For almost five decades, Fortune 500 product manufacturers/distributors and their insurers have turned to these groups to defend their litigation. Led by Bradley D. Remick and Vlada Tasich, our Product Liability group’s success can be attributed to its commitment to keeping abreast of ever-changing legal theories, judicial viewpoints, and evolving technology impacting the product liability landscape. Our attorneys have successfully handled thousands of product liability matters in all jurisdictions across the state. Likewise, our mass tort litigation practice – divided into Asbestos & Mass Tort, and Environmental & Toxic Tort Litigation –  has defended manufacturers, distributors, contractors, and premises owners in thousands of personal injury and other claims. Led by Kevin E. Hexstall and Patrick T. Reilly, most attorneys in these groups have more than 20 years of experience, and our seasoned trial team has tried hundreds of cases to verdict, consistently achieving strong results through both trials and settlements. In addition to these awards, Marshall Dennehey was a Litigation Department of the Year finalist for Professional Liability.

Thought Leadership

Court Reaffirms That Actual Cash Value Includes Labor and Overhead, Not Just Materials

Greenaker v. Universal Prop. & Cas. Ins. Co., Case No. 2D2024-1964, (Fla. 2nd DCA May 8, 2026). The plaintiffs filed a breach of contract suit against Universal for refusal to pay for all of plaintiffs’ damages from a storm in November 2020. Universal filed a motion in limine to prevent the plaintiffs from introducing evidence concerning both actual cash value and replacement cost value of the loss. They argued that the plaintiffs did not complete repairs or incur any expenses in repairing the damaged property, thus being limited to actual cash value as their measure of damage and the plaintiffs’ submitted estimate of damages contained labor costs necessary for repair and, therefore, not an actual cash value estimate. Universal further asked for a directed verdict at the hearing because the plaintiffs would have no evidence to support the claim for damages. The trial court agreed and granted Universal’s motion, entering a final judgment in Universal’s favor.  The plaintiffs filed a motion for rehearing and reconsideration due to the court improperly converting Universal’s motion in limine to a motion for final summary judgment. The court denied plaintiffs’ motion and the plaintiffs appealed. The Second District Court of Appeal agreed with the plaintiffs and determined that the trial court improperly entered a final judgment based on a pretrial ruling in limine, advising there was recognized procedures, including summary judgment, judgment on the pleadings, and default judgment that could have been exercised. Further, the court continued that the improper procedure was not the only reason for the judgment to be reversed. They noted the insurance policy did not provide a definition of actual cash value nor how to calculate it, and the parties disputed the definition and calculation of such.  Universal argued that actual cash value is defined as the value of the property that suffered the direct physical loss less depreciation and deductible, i.e. costs of physical materials that were damaged.  The plaintiffs argued that actual cash value includes the amount of repair costs in addition to the value of the property that suffered direct physical loss because it is calculated as the replacement cost minus depreciation.  The court agreed with the plaintiffs, noting that Universal’s definition was not supported by the insurance contract, the statute governing replacement value insurance contracts, nor decisional authority.  The court noted that Universal “cherry-picked” the phrase “direct physical loss” from the perils insured against provision and applied it to the loss settlement provision, which doesn’t state “direct physical loss,” but instead states “insured loss.”  Further, the court conveyed that application of “direct physical loss” would be used on both actual cash value and replacement cost value, as they are both present in the loss settlement provision, which would mean insureds never got payments beyond costs of physically damaged material, which is contradictory to the replacement cost value definition.  The court advised that the Florida Supreme Court had approved the court’s interpretation of actual cash value as including costs other than damaged physical property, including overhead and profit, noting that these costs can be included in actual cash value to which a portion, like all other costs, could be depreciated. The court noted the difference between actual cash value and replacement cost value is not between types of costs, i.e. materials vs. labor, but between the valuation of the costs with the distinction of being a depreciated vs. undepreciated value. The court refused to exclude intangible costs such as labor, profit and overhead from actual cash value, finding these costs inclusions were consistent with statutory and contractual language as well as Florida Supreme Court precedent. The court reversed the judgment and remanded the case back to the trial court.

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

Appeals Court Reverses Trial Court Order Striking Complaint as Sanction for Violating Discovery Order

All Dry USA v. Savell, 2026 WL 816093 (Fla. 1st DCA 2026) The First District Court of Appeal reversed the trial court’s order denying All Dry USA’s complaint as a sanction for violating a discovery order. The appellate court found that All Dry USA’s failure to comply with the trial court’s case management order did not give the trial court the authority to strike All Dry USA’s pleadings. All Dry USA provided water mitigation, mold remediation, and a restorative tarp at the property owned by the Savells. The property had been damaged by Hurricane Sally. All Dry USA provided invoices for the three services it performed in the amount of $90,130.61. The Savells refused to pay the invoices, stating that while they had retained All Dry USA, there was no agreement reached regarding the cost of the services. All Dry USA proceeded to file a lawsuit against the Savells, alleging breach of contract and unjust enrichment. The Savells answered the lawsuit and served discovery upon All Dry USA. All Dry USA failed to respond to the discovery requests and the Savells moved for an order compelling discovery. The trial court issued an order compelling All Dry USA to respond to Savells discovery requests and comply with all outstanding discovery deadlines per the case management order. On the day its responses were due, All Dry USA filed a motion to extend the deadline to comply with the court’s order. Before the motion was ruled upon, the Savells filed a motion to have All Dry USA’s complaint stricken for violating the trial court’s order compelling All Dry USA’s responses. The trial court granted the motion to strike, and then granted the Savell’s request for entry of default final judgment, based upon there no longer being an operative complaint. The First District Court of Appeal reversed, ruling that an order striking pleadings is justified if it is found that a party has violated numerous discovery orders, or has shown a “deliberate and contumacious disregard of the court's authority.” Mercer v. Raine, 443 So. 2d 944, 946 (Fla. 1983). The appellate court stated that a trial court’s authority to strike pleadings is not unbridled and that the situation before the court did not justify the striking of All Dry USA’s pleadings. In reaching its decision, the First District focused on the fact that the trial court only addressed the potential prejudice to Savell by All Dry USA failing to respond to discovery and seeking an extension of the deadline. The appellate court stated that prejudice is not the only factor to be considered and that the trial court needed to address if All Dry USA’s behavior in failing to comply with the discovery order was willful and deliberate.  The First District also stated that nothing in rule 1.200 or 1.380 grants a trial court the authority to strike a pleading because certain case management deadlines are not met. The appellate court held that the Florida Rules of Civil Procedure allow trial courts to bring the parties in, order them to comply with the case management discovery deadlines, and then strike pleadings if the subsequent discovery orders are disobeyed. This ruling shows the importance of understanding the authority that is binding on the trial court a party is appearing in front of. The First District’s view on a trial court’s ability to strike pleadings is in contrast with other appellate court’s throughout Florida.

Thought Leadership

Perlmutter Provides Predictability for Punitive Damages Claims in Florida

In a much anticipated decision, the Florida Supreme Court provided clarity for the standards of proof for punitive damages claims in Perlmutter v. Federal Insurance Company, SC2024-0058 (Fla. June 11, 2026). Litigants and trial judges must be mindful of the standards laid out by the Court. And, defense practitioners must be prepared to alter their strategies to defend against such claims. Perlmutter came to the Court from the Fourth District, based on conflict jurisdiction with decisions from the Second and Fifth District and on certification of a question of great public importance as to the standard of proof for punitive damages claims at the pleading stage. Fed. Ins. Co. v. Perlmutter, 376 So. 3d 24, 29 (Fla. 4th DCA 2023). In the underlying case, the Fourth District made two conclusions. First, it held that a “trial court must consider the evidentiary showing by all parties at the hearing on the motion to amend, that is, evidence ‘in the record’ and evidence ‘proffered by the claimant.’”  376 So. 3d at 33. Second, the Fourth held that it “interpreted section 768.72(1) and (2) to require the trial court to make a preliminary determination of whether a reasonable jury, viewing the totality of proffered evidence in the light most favorable to the movant, could find by clear and convincing evidence that punitive damages are warranted.  Id. at 34 (underscoring in the original). In making these conclusions, the court cautioned trial courts that the “preliminary determination” analysis did not entitle the trial court to decide whether the evidence is clear and convincing and noted that the trial court should not weigh evidence and should not determine witness credibility. Id. The Florida Supreme Court accepted jurisdiction and answered the certified question in the negative. It quashed the decision below and remanded the case for application of the following standards: The trial court should consider only the evidence identified or proffered by the claimant; it should not entertain an evidentiary counter-submission from the opponent. The trial court should consider whether a reasonable person could conclude based on the claimant’s evidence, that the defendant committed “intentional misconduct” or “gross negligence” as defined in section 768.72(2) or section 768.72(3). The trial court must review the request for punitive damages in the context of the underlying claims. The trial court should not apply the clear and convincing standard of proof in reviewing the sufficiency of the evidence at the pleading stage. The trial court does not act as a fact-finder; the trial court must not weigh the claimant’s evidence—it cannot decide the truth of the matter. The trial court must consider the record evidence and the proffered evidence in the light most favorable to the plaintiff, but the allegations in the proposed amended complaint are not themselves evidence. Perlmutter, SC2024-0058 at 13-15 (emphasis added). In explaining these standards, the Court interpreted the text of the statute and compared it to a related statute which governs punitive damages in the nursing home context. The nursing home statute expressly calls for evidentiary submissions by “the parties” and expressly tells the trial court to determine whether there is a reasonable basis to believe the claimant could satisfy the “clear and convincing evidence” standard at trial. Id. at 17-18 (comparing the text of section 768.72(1), Florida Statutes, with section 400.0237, Florida Statutes). Without that express language in section 768.72, the statute could not be applied in the same manner. With these standards specially delineated for the trial courts, the Court is “confident that its interpretation of section 768.72(1) will not frustrate the effectiveness of the statute in accomplishing the Legislature’s textually evident purposes.” Id.  at 22 (cleaned up). This remains to be seen. While Perlmutter provides predictability and clarity for trial courts when reviewing the evidentiary submissions in support of a punitive damages claim, the decision will not likely impact the numbers of punitive damages motions filed. Rather, these new parameters will change the way claims are defended, reminiscent of a time when rulings on punitive damages were only subject to certiorari review and appellate courts were limited in reviewing procedural errors. This decision will likely deflate the level-playing field that Florida Rule of Appellate Procedure 9.130(a)(3)(G) addressed by allowing appeals of orders granting and denying punitive damages amendments. Further, Perlmutter may have impliedly created a call to action for the Legislature to amend section 768.72(1) in the same manner it amended section 400.0237 to allow the courts to analyze “admissible evidence submitted by the parties” and determine at a hearing whether there is a reasonable basis to believe the claimant at trial would be able to demonstrate by “clear and convincing evidence” that the recovery of punitive damages is warranted. Until then, defendants must adjust their strategies. To adapt to these new standards, defense practitioners will need to tailor their strategy for defending punitive damages claims since they can no longer submit a counter-proffer or urge a court to apply the clear and convincing standard at the pleading phase. Instead, defendants will need to attack the deficiencies in the claimant’s pleadings and proffer. If the trial court fails to serve as a gatekeeper, and does not apply the above standards, then defendants can pursue an interlocutory appeal under Rule 9.130(a)(3)(G). If a nonfinal appeal is taken, then defendants should move to stay any intrusive financial discovery while the appellate court analyzes the issues on appeal. Finally, defendants should utilize Florida Rule of Civil Procedure 1.510 to serve as a screening device to allow the trial court to analyze all evidence and prevent nonmeritorious punitive damages claims from proceeding to a jury.