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Nicholas D. Bowers

Shareholder
2000 Market Street, Suite 2300
Philadelphia, PA 19103
(215) 575-2742
(215) 575-0856 - Fax
ndbowers@mdwcg.com

Nick Bowers is a shareholder in the firm’s Casualty Department, where he defends both insured and self-insured entities in cases involving catastrophic injury. He has broad experience in handling construction accident cases as well as products liability, dram shop, auto and premises liability matters. Nick has also represented industrial clients specializing in food processing, among other industries, in relation to catastrophic injury claims, both pre-suit and during litigation, as well as pursuant to OSHA investigations and related proceedings. 

Nick has significant first chair trial experience.  During the course of his career, he has handled cases in both Federal and State Courts, obtaining favorable outcomes for clients at trial, arbitration and by way of summary judgment.  Nick's practice in recent years has trended towards the defense of property owners and contractors in the context of often complex construction litigation.

Nick also has experience in the area of insurance fraud (“SIU”) litigation.  In this role, Nick handles a wide variety of auto litigation (including UM/UIM) as well as premises liability matters flagged for suspected fraudulent activity.

Nick graduated from Loyola University Maryland in 2005. While at Loyola, he was a four-year starter on the men's tennis team (NCAA Div. I), serving as captain during his senior year.  After Loyola, he was employed on Capitol Hill at the United States House Committee on Ways and Means before enrolling at Temple University School of Law, receiving his Juris Doctor in 2009.

Significant Representative Matters

  • Secured dismissal with prejudice of clients (bar owners) in high value dram shop case involving the unfortunate death of an automobile occupant. Court granted defense motion and found that Plaintiff’s claims were barred as a matter of law.

  • First chair trial counsel in two-week trial at Philadelphia Court of Common Pleas in case involving a catastrophically injured Plaintiff and settlement demand of $25 million. The case and trial involved complex issues pertaining to post-Tincher product liability in Pennsylvania as well as successor liability and statutory employer considerations. Resolved on terms favorable to client prior to verdict.

  • Secured dismissal with prejudice in significant property loss/theft case.  Plaintiff alleged that his landlord stole several artifacts and other materials from him while Plaintiff was out of the country.  Plaintiff testified that he filed for bankruptcy and obtained a discharge after the alleged theft.  Plaintiff did not list his claim against my client on his bankruptcy petition and thus Plaintiff forfeited his post-discharge right to this “asset” (claim) per the United State Bankruptcy Code.  Plaintiff voluntarily dismissed case with prejudice when confronted with bankruptcy evidence and legal argument.

  • Secured summary judgment in favor of large oil refinery based on argument that refinery was the owner out of possession and thus had no control over the premises and therefore had no duty of care with respect to the Plaintiff.

  • Obtained defense verdict in Philadelphia premises liability matter.  Plaintiff alleged she slipped and fell on “dirty water” which accumulated in the lobby of Defendant’s premises.  Defense verdict secured based on Plaintiff’s failure to establish that Defendant had actual or constructive notice of alleged dangerous condition.

Classes/Seminars Taught

  • Accident Prevention and Investigation: Strategies for Risk Mitigation, Client Presentation, April 2017

  • Pennsylvania First-Party Benefits: An Overview.  Client seminar.  Presented August, 2015.

  • SIU and the Third-Party Liability Case: An Overview and Tactics.  CLE Course.  Presented July, 2015.

Published Works

  • "Bankruptcy Fraud—Tactics for the Effective Use of a Plaintiff’s Bankruptcy Filing in Defending Civil Claims," Defense Digest, Vol. 19, No. 4, December 2013

  • "Acupuncture Billing Has PIP Carriers on Pins and Needles," SIU Perspectives, Vol. 1, No. 1, October 2013

  • "Winning Legal Strategies for Combating A Prickly Problem 'Sticking' New Jersey Carriers," Defense Digest, Vol. 19, No. 2, June 2013

  • Case Law Alerts, regular contributor, 2012-present

Education

  • Temple University James E. Beasley School of Law, Philadelphia, PA (J.D., 2009)

    Law Journal: Temple International and Comparative Law Journal, Senior Note & Comment Editor

  • Loyola College, Baltimore, MD (B.A., 2005)

    Major: Political Science

Past Employment Positions

  • Bankruptcy Unit, Civil Division, United States Attorney's Office, Eastern District of Pennsylvania, spring 2009, Clinical Intern

  • U.S. House of Representatives Committee on Ways and Means, Subcommittee on Trade, Legislative Intern

Pages

Defense Digest Article December 17, 2013
By Nicholas D. Bowers, Esq.* Key Points: Where a civil plaintiff files for federal bankruptcy protection after the cause of action arose (date of loss), that plaintiff must disclose the civil case as an “asset” in his/her..., Defense Digest, Vol. 19, No. 4, December 2013 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Law Alerts October 18, 2013
The Supreme Court of Florida considered the certified question from the 11th Circuit Court of Appeals of “[w]hether, under FLA. STAT. § 627.736 [2008], an insurer can require an insured to attend an [examination under oath] as a condition..., Case Law Alerts, 4th Quarter 2013
Law Alerts October 18, 2013
The New Jersey Superior Court, Appellate Division, considered whether a New Jersey Superior Court judge could appropriately remand an appeal of a Forthright/National Arbitration Forum (Forthright) arbitration back to Forthright for further findings..., Case Law Alerts, 4th Quarter 2013
Defense Digest Article June 1, 2013
By Nicholas D. Bowers, Esq. and Ariel C. Brownstein, Esq.* Key Points: Billing by acupuncturists in relation to New Jersey PIP claims has increased in recent years. An aggressive, proactive..., Defense Digest, Vol. 19, No. 2, June 2013
Law Alerts January 11, 2013
New Jersey Appellate Division determination involving an appeal of a Superior Court finding in favor of Nelson. This case stemmed from an automobile accident which occurred in 2006 while Mr. Martino, Ms. Nelson's live-in boyfriend and the father..., Case Law Alerts - 1st Quarter 2013
Law Alerts October 1, 2012
In this New Jersey Supreme Court action, the court affirmed, on different grounds, the Appellate Division's determination in Selective Ins. Co. of Am. V. Hudson E. Pain Mgmt., 416 N.J. Super. 418 (App. Div. 2010). The Court held that an..., Case Law Alert - 4th Qtr 2012
Law Alerts October 1, 2012
In this New Jersey Supreme Court action, the Court affirmed the Appellate Division's determination in Selective Ins. Co. of Am. v. Rothman, 414 N.J. Super. 331 (App. Div. 2010). In affirming the Appellate Division, the Supreme Court essentially..., Case Law Alert - 4th Qtr 2012
Law Alerts July 1, 2012
In this United States District Court matter wherein the federal court interpreted New Jersey law in a diversity action brought by Certain Underwriters at Lloyds of London against its insured, Salvatore Alesia, alleging violations of the New Jersey..., Case Law Alert - 3rd Qtr 2012
Law Alerts July 1, 2012
The Appeals Court certified question to Florida Supreme Court: "[w]hether, under Fla. Stat. § 627.736, an insurer can require an insured to attend an EUO as a condition precedent to recovery of PIP benefits?" The plaintiff, a claimant..., Case Law Alert - 3rd Qtr 2012

Pages

January 2, 2019
Marshall Dennehey Warner Coleman & Goggin is pleased to announce that 13 associates and two special counsel have been elevated to shareholder. Additionally, the firm has promoted four associates to the position of special counsel. These new shareholders and special counsel represent the firm's...

Education

  • Temple University James E. Beasley School of Law (J.D., 2009)
  • Loyola College (B.A., 2005)

Bar Admissions

  • New Jersey, 2009
  • U.S. District Court District of New Jersey, 2009
  • Pennsylvania, 2013
  • U.S. District Court Eastern District of Pennsylvania, 2014

Associations & Memberships

  • Pennsylvania Bar Association
  • Loyola University, Philadelphia Alumni Chapter, Board of Directors
  • Philadelphia Bar Association

Honors & Awards

  • Pennsylvania Super Lawyers Rising Star, 2017-2019

    The 2019 Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here . No aspect of this advertisement has been approved by the Supreme Court of New Jersey.  


Year Joined Organization: 2009

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