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Professional Liability

The growth, tenacity and creativity of the plaintiffs' bar has ushered in a new wave of matters sounding in professional liability. To meet the needs of our clients, Marshall Dennehey Warner Coleman & Goggin has responded with a team of lawyers devoted exclusively to defending professionals. Our professional liability practice is broad-based and includes many senior attorneys who have significant experience in the defense of large exposure, politically-sensitive and complex cases. An analysis committee examines each case to ensure its proper assignment within our group.
 
Our Professional Liability Practice Group services a broad client base, including, but not limited to:

  • Abstractors
  • Accountants
  • Actuaries
  • Architects
  • Brokers/Dealers
  • Clergy
  • Debt collectors
  • Engineers
  • Financial planners
  • Financial professionals
  • Financial services outsourcing solution providers
  • Information technology advisors
  • Insurance brokers/agents
  • Investment advisors
  • Investment professionals
  • Lawyers
  • Mediators
  • Mortgage brokers
  • Mutual fund and hedge fund administrators
  • Private trust companies
  • Real estate agents and brokers
  • Stockbrokers
  • Title agents
  • Travel agents

 
We also defend fiduciary liability matters, corporate directors and officers, and ERISA claims. In addition to professional liability matters before state and federal courts, we defend financial planners, investment professionals, and brokers and broker-dealers before self-regulatory organizations (SROs). We also handle securities arbitration claims before FINRA, AAA and other SROs. In addition, the group litigates commercial matters including employment disputes, trade secrets, bank litigation, and surety, fidelity and performance bonds.
 
Our offices are centrally linked by state-of-the-art computer networking. Our clients realize added value from our extensive network of offices: travel time is sharply reduced and the attorneys working out of these offices and living in these respective areas are intimately familiar with local practice and enjoy a good rapport with the judges before whom they frequently appear.
 
Recognizing the need for a cost-effective approach to the defense of professionals, our firm is dedicated to providing our clients with quality, timely and economical service. We are on the cutting edge in developing innovative and alternative billing practices.
 
The Professional Liability Practice Group serves clients in Philadelphia, Pittsburgh, Tampa, Orlando, Jacksonville, Ft. Lauderdale and communities throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida and New York.
 
We would welcome the opportunity to work with you in handling your professional liability litigation. We are also available to conduct presentations or training seminars at your location, or at one of our eighteen offices. 

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Sep 18, 2009
Attorneys prevailed in a Section 1983 action against a law firm in connection with the dismissal of a state-court medical malpractice and wrongful death suit.  The federal action alleged conspiracies among a number of parties in obtaining dismissal...
Jul 28, 2009
Attorneys obtained dismissal of plaintiff's attorney malpractice complaint for plaintiff's failure to serve an Affidavit of Merit as required by the New Jersey Affidavit of Merit Statute.  Plaintiff subsequently filed a Complaint in which he alleged...
Jun 16, 2009
Attorney obtained a dismissal of a Complaint filed by a property adjusting company against the attorneys who represented the property owner in an underlying fire loss litigation.  In the underlying action, the attorneys represented the owners of the...
Jun 16, 2009
Attorney obtained a dismissal of a legal malpractice action arising out of an attorney's filing of a Chapter 13 Bankruptcy wherein plaintiff alleged that the attorney failed to advise the clients of various avenues available to them.  The plaintiffs...
Jun 1, 2009
Attorneys obtained summary judgment in favor of our client.  On the date of their wedding, plaintiff and her former husband executed three separate documents which were each styled as pre-nuptial agreements although they were not captioned as such...
Mar 23, 2009
Attorney obtained a defense verdict in a legal malpractice action wherein the underlying case involved the defendant attorney's representation of a mother in a custody trial wherein the mother was seeking to obtain custody of two minor children....
Mar 13, 2009
Attorney obtained a dismissal of a legal malpractice action arising out of complex litigation involving a condominium complex and its former Governing Board. A 15 count class action Complaint had been filed. As a result, several newspaper articles...
Mar 13, 2009
Attorneys prevailed on their Motion to Dismiss all claims asserted against their clients, three employees of the state of New York. Plaintiff had previously been a defendant in a case brought by the Liquidation Bureau in New York state court, which...
Mar 2, 2009
Attorney obtained summary judgment in a legal malpractice action wherein the plaintiffs' expert opined that the attorneys failed to retain the proper medical experts for a carbon monoxide toxic tort case. At the conclusion of discovery,the attorney...
Feb 23, 2009
Attorney successfully obtained a dismissal, on pre-trial motions, in a legal malpractice action filed by a beneficiary against an attorney who specialized in estate litigation.

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Law Alerts October 1, 2012
The plaintiffs Mabel and Cris Smith, mother and son, filed a professional negligence claim against two lawyers, Gerald Morrison and Scott Morrison, claiming that the attorneys breached their fiduciary duties to Mabel and Cris by simultaneously..., Case Law Alert - 4th Qtr 2012
Law Alerts April 1, 2012
The plaintiff resolved a property dispute with her ex-husband and entered into a settlement agreement with a reservation of rights to sue her former attorney for legal malpractice. In placing the settlement on the record, the plaintiff stated that..., Case Law Alert - 2nd Qtr 2012
Law Alerts April 1, 2012
After the commercial condominium suffered flood damage when a pipe burst in the building's air conditioning system, the Association passed a special assessment to pay for flood damage repairs and cleaning of the air conditioning system's..., Case Law Alert - 2nd Qtr 2012
Law Alerts April 1, 2012
Unlike res judicata, which applies to subsequent actions between the same parties on the same cause of action, the law of the case doctrine is triggered when successive appeals are taken in the same case. The law of the case doctrine holds that the..., Case Law Alert - 2nd Qtr 2012
Defense Digest Article March 1, 2012
Maryland – Civil Practice/Assumption of the Risk Key Points: Maryland’s highest court has overturned past precedent concerning application of the defense of assumption of the risk to snow and ice slip and fall cases....
Defense Digest Article March 1, 2012
Florida – Professional Liability Key Points: Florida’s Third District held that professionals could not, as a matter of law, contractually limit their liability for professional services. Accordingly, Florida...
Law Alerts January 1, 2012
The issue in this appeal is whether the Correctional Medical Services ("CMS") is an entity entitled to the protection of the Affidavit of Merit statute ("AOM statute"). The plaintiff filed AOM for the individual doctors but not..., Case Law Alert - 1st Qtr 2012
Law Alerts January 1, 2012
Typically, the measure of damages for breach of contract claims includes consequential damages to the extent such damages were reasonably foreseeable and contemplated by the parties at the time the contract was entered into. The trial court in this..., Case Law Alert - 1st Qtr 2012
Defense Digest Article December 1, 2011
Pennsylvania – Attorney Liability , Key Points: Liability for aiding and abetting a breach of a fiduciary duty has never been imposed on an attorney in Pennsylvania who merely provided legal representation to his client. Pennsylvania courts have not expressly precluded..., Defense Digest, Vol. 17, No. 4, December 2011
Law Alerts October 1, 2011
The plaintiff Nicholas Knopick appealed from the United States District Court for the Middle District of Pennsylvania's grant of summary judgment in favor of defendant Philip A. Downey, Esquire. The plaintiff retained Downey to file a legal..., Case Law Alert - 4th Qtr 2011

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Chair

Christopher E. Dougherty
Director - Professional Liability Department
(215) 575-2733
cedougherty@mdwcg.com

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