On the Pulse…Other Notable Achievements
Marshall Dennehey Trial Attorneys Lead the Way Back Into the Courtroom During COVID-19 Pandemic
Marshall Dennehey trial attorneys Matthew Keris, Robert Aldrich and Scott Gemberling and Don Carmelite were among the first defense attorneys to try (and win) in-person civil jury trials in Pennsylvania during the pandemic. The back-to-back cases took place in July and August in Bradford County and are believed to be the first in-person jury trials in the state since the COVID-19 pandemic began.
Mr. Keris and Mr. Aldrich detailed their socially-distanced pandemic trial experience in an article appearing in The Legal Intelligencer, “A Civil Jury Trial During the Pandemic: Observations From Those Who Know.” In their fire subrogation loss case involving a local gas company, the jury returned a defense verdict within 30 minutes of deliberation. The attorneys reported that all trial participants wore masks or face shields and the jury was moved to the courtroom gallery for social-distancing purposes. Jury selection was held in a school auditorium and witnesses participated via Zoom. Mr. Keris additionally stated that the Bradford County Court staff and Judge Evan Williams did a tremendous job putting the proceeding together.
On Friday evening August 21, 2020, a 12-person jury returned a defense verdict for the liquor license in a dram shop wrongful death case defended by Mr. Gemberling and Mr. Carmelite in the same courtroom before the same judge. The jury awarded damages against the drunk driver co-defendant only in the amount of $500,000. The driver’s policy limit of $50,000 had been tendered years prior to the verdict. Mr. Gemberling remarked, “Judge Williams learned from the first trial insuring the safety of all participants during our five-day trial. We presented two Philadelphia-area experts by Zoom on the last day of trial in contrast to the in-person testimony of the plaintiff’s experts the day before. The presentation of both defense experts, one narrating a bar videotape on a split screen, was even better than expected.”
He further commented, “I believe the jurors appreciated that each expert, by testifying remotely, considered the health and well-being of the trial judge, court staff and jurors. Judge Williams instructed the jury that these experts were not unavailable and that Zoom testimony in a COVID-19 jury trial was entirely appropriate, implying that it may even be preferred. Speaking with Judge Williams after the trial, we agreed that Zoom testimony is here to stay.”
Recognition
Jason Banonis (Allentown, PA) is the recipient of the 2020 “Defense Attorney of the Year” award from the Pennsylvania Defense Institute. Jason received the award for his statewide efforts with the plaintiff’s bar and the state legislature to reopen Pennsylvania Courts and law offices during the ongoing Covid-19 shutdown. Jason has also been appointed by Pennsylvania Bar Association President David E. Schwager to a 29-person task force to enable the continuation of the legal system during emergencies similar to the COVID-19 pandemic. As one of the civil defense bar representatives, he will assist the panel in developing recommendations with regard to processes and technology that will enable the legal system to continue operations under crisis conditions.
As a result of the New Jersey Supreme Court’s recent opinion in the matter of Balducci v. Cige, A-54-18 (January 29, 2020), Jack Slimm (Mount Laurel, NJ) has been appointed by the Supreme Court to a prestigious Ad Hoc Committee formed by the court. The committee will study the issues raised in the opinion regarding attorneys’ fees in LAD and other fee-shifting cases. The committee, comprised of certain experienced members of the Bar and Bench, will also make a recommendation whether to revisit the concept of a cap on contingent fees in statutorily based discrimination and employment claims. It will tender its recommendations to the New Jersey Supreme Court, who will then decide the various professional responsibility issues relating to Retainer Agreements in these areas.
Mohamed Bakry (Philadelphia, PA) has been elected to membership in the Federation of Defense & Corporate Counsel (FDCC). Membership in the FDCC is limited, selective and by nomination only. The FDCC comprises U.S. and international civil defense litigators, senior corporate counsel, and insurance claims executives, and is dedicated to promoting knowledge, fellowship, and professionalism for lawyers and other professionals striving to achieve a balanced justice system in the defense of civil lawsuits.
Jay Hamad (New York, NY) has been unanimously elected to serve on the Board of Directors of the Marine & Insurance Claims Association. The position is effective immediately and has no term limit.
Rachel Ramsay-Lowe (Roseland, NJ) has been elected to be a member of the Executive Committee for the Workers’ Compensation Section of the New Jersey State Bar Association.
Howard Mankoff (Roseland, NJ) received the Volunteer with Impact Award from the Jewish Community Center of Scotch Plains for his work on the Center’s COVID-19 Task Force, which dealt with employment, health and budget issues.
Seminars
Michele Punturi (Philadelphia, PA) presented “Survivor: Workers’ Compensation Edition” for the CLM Workers’ Compensation and Retail, Restaurant & Hospitality Conference, which was held virtually. Michele moderated a panel of employers as they discussed strategies to mitigate exposure and bolster defenses with strategic risk management and claims management tactics that result in favorable resolution and immunity from litigation.
Jason Banonis (Allentown, PA) was a panelist in a recent webinar “How to Represent Your Client in Virtual Mediation.” The panelists shared valuable insights and viewpoints from the bench and in practice, on the successful use of mediation for client advocacy.
Matthew Keris (Scranton, PA) presented the webinar “Warning Fatigue Now a Matter of Criminal Liability: The Radonda Vaught Story” in conjunction with the Pennsylvania Patient Safety Authority. In 2017, a patient died after receiving vecuronium instead of midazolam. Matt discussed the facts of the event, system and individual failures that contributed to the outcome, and risk reduction strategies that could prevent similar situations in other healthcare facilities.
Mary Kate McGrath, Adam Fulginiti (Philadelphia, PA), Matthew Keris (Scranton, PA) and Robin Snyder (King of Prussia, PA) presented the webinar “Telehealth and Documentation in the Time of COVID-19: Information and Best Practices to Protect Patients and Clinicians.” The webinar focused on the expanded access and delivery capabilities of telehealth and telemedicine services during the COVID-19 pandemic, as well as the changing landscape with respect to litigation and potential liability during this unprecedented time.
Mary Kate McGrath and Adam Fulginiti (Philadelphia, PA) also presented the webinar “Telehealth in the Time of COVID-19: Information and Best Practices to Protect Patients and Clinicians.” The webinar focused on the expanded access and delivery capabilities of telehealth and telemedicine services during the COVID-19 pandemic, as well as the changing landscape with respect to litigation and potential liability. Mary Kate and Adam addressed how these developments have affected physicians and patients during this unprecedented time. The webinar was moderated by Robin Snyder (King of Prussia, PA).
Bradley Remick (Philadelphia, PA) co-presented the webinar “Investigating Claims During COVID-19.” This webinar reviewed the legal issues as well as the technical and logistical challenges clients may be facing when investigating claims in the COVID-19 era. Topics included: Review Loss Process Under Normal Conditions, Loss Process Under Current Conditions - How Has Life Changed with COVID-19? What Does the Future Hold?
David Shannon (Philadelphia, PA) was a lead presenter in the A.M. Best webinar “Speaking Up On Silent Cyber.” The webinar examined how cyber claims are evolving, where coverage areas are shifting, and emerging areas of liability exposure.
Jack Slimm (Mount Laurel, NJ) served as moderator and principal lecturer for the New Jersey Institute for Continuing Legal Education 2020 Legal Malpractice Conference. This video teleconference was attended by over 120 attorneys. Jack, in addition to serving as moderator, spoke along with Judge Berman on the conduct of the trial of the case-within-a-case, and the procedural requirements which New Jersey requires in connection with the same.
Linda Farrell (Jacksonville, FL) presented at the Workers’ Compensation Claims Professionals’ Board Certification Course for Adjusters in Orlando Florida.
Tara Nalencz (Philadelphia, PA) spoke to the Temple University Beasley School of Law State Court Honors Interns at the invitation of Judge Sheila Woods-Skipper and Judge Annette M. Rizzo (Ret.). Her lecture, “Anatomy of a Civil Case: Everything You Need to Know from Pre-Trial Motions to Closing Arguments,” focused on trial preparation and presentation with an emphasis on trial tactics and the use of technology. This is her 8th year participating as a presenter at this event.
Jeremy Zacharias (Mount Laurel, NJ) was a panelist at the Rutgers School of Law and spoke about the importance of networking and branding. Jeremy’s discussion centered on networking, approaching networking early in your career, strategies for networking, best networking tips and advice, and growing your personal and professional network as careers expand and change. Jeremy has been asked by the Rutgers School of Law to serve as a repeat speaker in connection with the law school’s professional development program for first and second year law students. Jeremy also served as a judge in the Vincent J. Apruzzese Mock Trial Competition held at the law school. This mock trial competition was sponsored by the New Jersey State Bar Foundation with the cooperation of the Camden County Bar Association. Jeremy served as judge alongside various Superior Court judges in Camden County, as well as practitioners throughout Camden, Gloucester and Burlington Counties.
Published Articles
Michele Frisbie (Doylestown, PA) contributed the article “Video Training Offerings During and After COVID-19 Leave Gym Operators and Trainers Open To These Liability Issues“ to Club Industry. The article appeared online in their Insights & Resources – Step by Step section. Michele also wrote the article “Law Firms That Put Employees’ Well-Being First Get A Lot More in Return,” appearing in the June 2nd issue of The Legal Intelligencer.
Heather Carbone (Jacksonville, FL) co-authored the article “Be Kind and Keep It Simple: Managing Litigated Workers’ Compensation Claims Through Advocacy and Empathy,” which appears in the June issue of CLM Magazine. Heather also contributed the article “COVID-19 and Workers’ Compensation Claims: How Can a Person Prove They Contracted the Illness on the Job?“ to the Jacksonville Daily Record.
Kimberly Kanoff Berman (Fort Lauderdale, FL) authored the article, “Florida Supreme Court Hosts Historic Remote Oral Arguments During the COVID-19 Pandemic,” appearing in the Spring/Summer 2020 issue of the Historical Review. Kimberly also authored “Transitioning From In-Person to Remote Oral Arguments in Florida Appellate Courts,” which appeared in the April 28 issue of the Daily Business Review. Finally, Kimberly authored “Justice Lawson’s Commitment to Service Runs Deep,” appearing in the Fall/Winter issue of the Historical Review—the Florida Supreme Court Historical Society’s biannual magazine.
Frank Wickersham (King of Prussia, PA) authored the article “Medical Marijuana: Reasonable and Necessary Medical Care for Injured Workers?“ The article appeared in The Legal Intelligencer’s Cannabis Law Supplement.
Christopher Conrad (Harrisburg, PA) authored the article “Educating Pennsylvania’s Special Needs Students During the COVID-19 Pandemic,” which appeared in a recent issue of The Legal Intelligencer.
Mary Kate McGrath and Adam Fulginiti (Philadelphia, PA) authored the article “Navigating NJ Telehealth and Telemedicine in the Climate of COVID-19,” which appeared in the recent issue of the New Jersey Law Journal. Mary Kate and Adam also authored “Why It’s Time to Embrace Telehealth as the New Normal,” which appeared in the recent Medical Malpractice supplement of The Legal Intelligencer.
Wendy O’Connor (Allentown, PA) contributed the article “Cell Phone Usage and Motor Vehicle Litigation,” appearing in the April issue of Pennsylvania Bar Association Quarterly.
Ashley Eldridge (Philadelphia, PA) co-authored the article “Handling Traumatic Brain Injury Claims: Managing Exposure and Limiting Fraud in Mild Cases,” appearing in CLM Magazine.
Ryan Krescanko’s (Pittsburgh, PA) article “Defending Depositions Against Dying Deponents in Asbestos Litigation,“ appeared in The Legal Intelligencer’s Product Liability, Mass Torts & Class Action supplement.
Patrick Furlong (Philadelphia, PA) published the article, “Pa. Supreme Court Opinion Rocks First-Party IME Requirements,” in the Pennsylvania Law Weekly. The article discusses the court’s opinion in Sayles v. Allstate Insurance, 219 A.3d 1110 (Pa. 2019), and explores the policy and statutory language at issue, arguments of the parties, and the impact of the decision.
Kelly Scifres (Jacksonville, PA) authored the article “Tips for Avoiding Stop-Work Orders,“ which appeared in the Jacksonville Daily Record.
Defense Digest, Vol. 26, No. 3, October 2020 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 legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2020 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.