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Aaron provides legal counsel to attorneys, accountants, real estate agents, home inspectors, home appraisers, insurance brokers, and other professionals. Aaron has strong experience representing insurance brokers throughout Pennsylvania and Delaware, including complex claims involving issues concerning duty of care, policy interpretation, whether alternative policies were available, and claims with nuanced statute of limitations issues. He handles a variety of claims including, but not limited to, legal and accounting malpractice, wrongful use of civil process, commercial litigation, negligence, breach of contract, municipal liability, and civil rights matters.  Aaron is also experienced in consumer financial services litigation and compliance, particularly representing attorneys and agencies in debt collection practices.

Outside of his professional liability practice, Aaron is also an experienced litigator, defending clients in matters involving premises liability, land use, automobile liability, intellectual property and employment law.

Aaron is a 1987 graduate of Millersville University. Following graduation, he taught grades six through eight in the School District of Philadelphia for 12 years. During that time, he earned a Master's Degree in Education from Temple University. While teaching, Aaron attended evening classes at the Beasley School of Law at Temple University where he made the Dean's List and earned honors in Trial Advocacy and Research and Writing. Aaron began his legal career as an associate with a Blue Bell, Pennsylvania law firm, where he primarily focused on defending Pennsylvania municipalities in areas of civil rights law, premises liability, land use and automobile liability.

Aaron has received an AV® Preeminent rating by the Martindale Hubbell.

    • Temple University Beasley School of Law (J.D., 2003)
    • Temple University (M.A., 1995)
      • El. Ed.
    • Millersville University of Pennsylvania (B.A., 1987)
    • Pennsylvania, 2003
    • U.S. District Court Eastern District of Pennsylvania, 2006
    • U.S. District Court Middle District of Pennsylvania, 2016
    • Delaware, 2020
    • U.S. District Court District of Delaware, 2021
    • Top Lawyer, Legal Malpractice, Delaware Today (November 2024)
    • AV® Preeminent™ by Martindale-Hubbell®
    • Claims & Litigation Management Alliance (CLM)
    • Philadelphia Bar Association
    • Professional Liability Defense Federation
    • Proving a Case Within a Case in Legal Malpractice Actions, PLDF Annual Meeting, September 2018
    • Developments in Lawyer Liability in Pennsylvania & New Jersey, client seminar, March 2017 
    • Professional Liability - Issues for Attorneys, client seminar, June 2016
    • Virtual Law Office and Interstate Practice of Law, National Business Institute, April 2015
    • Aaron has been invited to speak to the Pennsylvania Institute of Certified Public Accountants as well as the Pennsylvania Home Inspector Association. Aaron has also given presentations to insurance companies concerning developments in legal malpractice law.
    • "LPL Claims Without Privity: Support for a Bright Line Rule", Professional Liability Defense Quarterly, Fall 2018
    • "Proving The 'Case-Within-A-Case' Standard," For The Defense, April 2018
    • "Demonstrative Evidence at Trial", Pennsylvania Civil Trial Practice, 2017, 2018, Reviewing Author 
    • "Common Evidentiary Issues at Trial", Pennsylvania Civil Trial Practice, 2017, 2018
    • "Responsive Pleadings", Pennsylvania Civil Pre-Trial Practice, 2017, 2018, Reviewing Author
    • Pennsylvania Legal Malpractice Handbook, 2017 Edition2019 Edition, Published by Marshall Dennehey Warner Coleman & Goggin, Co-author 
    • "Pennsylvania Supreme Court Rejects Constitutional Challenge to the Dragonetti Act," Defense Digest, Vol. 23, No. 2, June 2017
    • "An Argument Against Imposing Liability Against Attorneys for Aiding and Abetting Their Client's Breach of Fiduciary Duty Under Pennsylvania Law," Defense Digest, Vol. 17, No. 4, December 2011
    • "Former Phillies Tyler Green Thrown a Curve on Appeal for Legal Fees," Defense Digest, September 2007
    • "Medical Malpractice Plaintiff's Motion for Relief from Judgment of Non Pros Lacks Merit," Defense Digest, March 2007
    • Regular contributor to MDWC&G Case Law Alerts.
    • Successfully obtained dismissal of claims brought derivatively and directly by a corporation, including aiding and abetting breach of fiduciary duty and tortious interference with contract. The claims were brought against our client, an out of state attorney who previously represented the corporation and its former director. The Court granted the attorney’s Motion to Dismiss, concluding that the plaintiffs failed to sufficiently allege facts that would confer personal jurisdiction over the attorney under a conspiracy theory.
    • Successfully obtained dismissal of wrongful use of civil proceedings claims brought against our clients, two attorneys who were alleged to have wrongfully prosecuted a professional negligence claim against the plaintiff, a real estate agent. The plaintiff would not accept any settlement that was less than policy limits. After five years of litigation, the Court granted the attorney defendants’ summary judgment motion, concluding that the plaintiff failed to adduce facts that would reflect that the attorneys prosecuted the for obtaining dismissal of wrongful use of civil proceedings claims brought against our clients, two attorneys who were alleged to have wrongfully prosecuted a professional negligence claim against the plaintiff, a real estate agent. The plaintiff would not accept any settlement that was less than policy limits. After five years of litigation, the Court granted the attorney defendants’ summary judgment motion, concluding that the plaintiff failed to adduce facts that would reflect that the attorneys prosecuted the underlying action in a grossly negligent manner, or without probable cause. The Court also held that the plaintiff was unable to demonstrate that the underlying lawsuit was prosecuted for an improper purpose.
    • Successfully defended a home inspector before the Delaware Division of Professional Regulation. The Claimants sought disciplinary action against our client in connection with his inspection of their home. We were able to persuade the Division that the complained of defects at the property were not subject to inspection because they were not visible at the time of inspection. The Division weighed all concerns involved in the matter and on November 1, 2023, it concluded that the facts did not reflect a violation of the laws, rules, and regulations that governed the activities of the licensed professional.
    • A unanimous jury found in favor of our clients, a lawyer and his law firm in a legal malpractice case arising out of the lawyer’s drafting of a postnuptial agreement. The postnuptial agreement was invalidated by a family court judge, causing the husband to lose approximately $1.2 million as part of a subsequent property separation agreement. The jury considered testimony from the plaintiff’s ex-wife which reflected that she had signed the agreement under duress and concluded that the plaintiff could not demonstrate that the postnuptial agreement was invalidated as a result of anything the lawyer did.
    • Plaintiff claimed that estate attorneys misinterpreted stock restriction agreement causing Plaintiff's husband's estate to lose in excess of $1 million.  Court held that agreement was properly interpreted by attorneys
    • Attorney prosecuted civil rights claim on behalf of mother of son who was shot and killed by a Philadelphia police officer while unarmed and posing no threat to the officer.  Mother of decedent served as administrator of estate and retained proceeds of settlement.  Decedent allegedly had two children who should have received the proceeds.  Attorney sued by children's mother on their behalf. Plaintiff's minor children made $1 million settlement demand  just prior to the court's dismissal of the claims. 
    • Plaintiff claimed that his attorney failed to properly prosecute his workers' compensation claim causing his benefits to be discontinued.  Plaintiff's claims dismissed by way of summary judgment motion.
    • Buyers of real property sued real estate agent for seller, claiming misrepresentations regarding use of the property.  Claims dismissed by way of summary judgment motion.
    • Success in getting a number of legal malpractice cases dismissed promptly by way of preliminary objections. In such cases, the Plaintiff failed to allege facts that, even if true, could yield liability as to our client.
    • Success in getting a number of legal malpractice cases dismissed upon the filing of motions for non pros as a result of opposing counsel's failure to comply with the Pennsylvania Rules of Civil Procedure.
    • Summary judgment and motions to dismiss granted on behalf of a number of clients. In one recent case, the plaintiff claimed that our attorney client was liable to him for wrongful use of civil proceedings and was seeking in excess of $3 million in damages. Upon the filing of a Motion for Summary Judgment, the court dismissed our client, finding no liability whatsoever.
    • Success in defending clients at arbitration hearings and bench trials, including cases involving alleged home inspector liability and insurance subrogation claims.

Results

One Month – 4 Outstanding Results! Aaron Moore Obtained Four Successful Results on Behalf of Clients in the Span of One Month

Defense verdict on behalf of a real estate broker and agent. The plaintiffs, homebuyers, claimed that the sellers’ broker and agent were liable to them for the value of fixtures that were taken by the sellers when they vacated the property, which were alleged to have been included in the sale. At a bench trial, the judge determined that neither the broker nor the agent could be held liable to the plaintiffs because the representations regarding what was included in the sale were made by the sellers. Supreme Court affirmance of dismissal of a complex legal malpractice lawsuit. Aaron and Carol Vanderwoude obtained a Delaware Supreme Court affirmance of the trial court’s dismissal of a complex legal malpractice claim. The plaintiffs, seven affiliated companies and their owners in the business of developing property, had been sued by their bank for defaulting on multiple lines of credit. The bank filed multiple lawsuits against the property developers, claiming approximately $7 million in damages, plus attorneys’ fees, which were recoverable pursuant to the terms of the promissory notes. The property developers retained our client to defend the lawsuits, asserting that the amounts claimed to be owed to the bank were significantly overstated. Our client vigorously defended the bank’s underlying lawsuits. Ultimately, the property developers settled the bank’s lawsuits for the entire amount owed, plus interest and the bank’s legal fees. The developers argued that its attorneys should have advised them to settle the bank’s claims after the lawsuits were commenced and that, if they had done so, they would not have had to pay the bank’s legal fees, our client’s legal fees, or expert witness fees, or the additional interest on the loan. The property developers also claimed that not settling with the bank earlier caused them lost business opportunities valued at nearly $1 million. The plaintiffs’ legal malpractice claims were dismissed because their expert witness, a Maryland attorney with no business litigation experience, was not qualified to serve as an expert and because their damages claims were speculative. Motion to dismiss in complex matter involving claims of fraud, misappropriation of trade secrets, tortious interference with contractual relations, and piercing the corporate veil. The plaintiff, an investment fund, had purchased a business that was controlled and primarily owned by our client. The business ultimately went bankrupt, and the plaintiff claimed that the purchase was premised upon misrepresentation by our client. The plaintiff maintained that jurisdiction in Delaware was proper pursuant to the Asset Purchase Agreement. The District Court was persuaded by arguments reflecting that it lacked personal jurisdiction over our client, a citizen of Canada, even though he signed the Asset Purchase Agreement which included language conferring jurisdiction over claims arising from the sale in Delaware. The court agreed that our client did not sign the agreement in his individual capacity, and the plaintiff’s piercing the corporate veil allegations were insufficient to confer personal jurisdiction. Dismissal of an unjust enrichment claim. Obtained dismissal of an unjust enrichment claim brought by a condominium unit owner against the attorneys who represented her condominium association. The unit owner claimed that the law firm was liable to her for unjust enrichment in connection with legal fees it received from the association for legal services provided in efforts to collect on past due assessments owed by the unit owner. Pursuant to the association’s governing documents, the charges were passed on to the unit owner. The court agreed that the fees that were paid to our client by the condominium association were properly earned.

Unanimous Appellate Decision Preserves Defense Win in Legal Malpractice Suit

We successfully defended an appeal from a jury verdict previously secured by members of our Lawyers’ Professional Liability Department in favor of the firm’s client in a legal malpractice case. The plaintiffs initially asserted multiple tort claims and a claim under the Unfair Trade Practices and Consumer Protection Law, which were dismissed by the trial court upon partial grant of the defense’s motion for judgment on the pleadings. The case proceeded to trial on a remaining breach of contract claim, resulting in a defense verdict. On appeal, the plaintiffs challenged the trial court’s rulings on both the motion for judgment on the pleadings and a motion in limine related to evidentiary exclusions. The Pennsylvania Superior Court unanimously affirmed the trial court’s rulings, holding that the tort claims were time-barred and that the plaintiffs had waived their evidentiary argument by failing to properly develop it in their appellate brief.

Thought Leadership

Case Law Alerts

Delaware Superior Court Addresses Continuous Representation Doctrine in Legal Malpractice Case—But Was It Really Applied?

January 1, 2026

In what the court stated was a matter of first impression, the Delaware Superior Court applied the “continuous representation doctrine” in a legal malpractice case. In this case, the plaintiff claimed that his attorneys did not take any meaningful action to prosecute his underlying lawsuit and failed to sufficiently communicate with him. The court dismissed the underlying action sua sponte for failure to prosecute. The plaintiff maintained he first learned that his underlying claims had been dismissed by the Superior Court 18 months after the dismissal. He then commenced his legal malpractice action more than three years after the dismissal. The defendant attorneys moved to dismiss the malpractice claims based on Delaware’s three-year statute of limitations, which, under the occurrence rule, began to accrue at the time of dismissal of the underlying action. The court held that the continuous representation doctrine was applicable because the “cause of action conceivably accrued at some point after the court dismissed the underlying suit” because the attorneys failed to take efforts to reopen the judgment. It appears that the Delaware Superior Court has conflated the “continuous representation doctrine” with the concept of continued negligence. There are some jurisdictions that recognize the continuous representation doctrine, which provides that a legal malpractice cause of action accrues at the end of the underlying representation, irrespective of when the negligence occurred during the representation. Delaware, however, follows the “occurrence rule,” which, in the absence of equitable tolling, provides that a cause of action accrues at the time of the alleged negligence. Here the court properly concluded that the cause of action could be deemed to have accrued after the dismissal of the underlying claims if the plaintiff could demonstrate continued negligence after the dismissal. The court’s use of the phrase “continuous representation doctrine,” however, could lead to confusion as to whether that doctrine is actually applicable in Delaware. The court entertained a motion for re-argument and issued a second opinion, where it made clear that the plaintiff’s claims were not time barred because of allegations of continued negligence. The second opinion did not reference the “continuous representation doctrine”; however, it did not specifically clarify that the doctrine was not applicable.

Case Law Alerts

Delaware Supreme Court Upholds Dismissal of Legal Malpractice Claims Based on Collateral Estoppel

October 1, 2025

The Delaware Supreme Court affirmed the Superior Court’s dismissal of the plaintiffs’ legal malpractice claims under the collateral estoppel doctrine.  The plaintiffs, previously claimants in an underlying class action case as parents of an injured minor child, brought the legal malpractice claim against class counsel, claiming that counsel was negligent by failing to advise them to affirmatively opt out of the class in order to pursue an individual claim, given the nature and extent of the child’s injuries.  The Delaware Supreme Court affirmed the Superior Court’s determination that the claims administrator’s decision in the underlying class action was a final adjudication on the merits by a court of competent jurisdiction as the claim process was an approved process set up by the court in the underlying action.  The collateral estoppel doctrine, often called “issue preclusion,” is a doctrine that prevents a party from re-litigating an issue of fact or law that has already been resolved in a prior proceeding. It is intended to promote finality, conserve judicial resources, and protect parties from the burden of duplicative litigation.   Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent 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. Copyright © 2025 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Firm Highlights

Thought Leadership

Pennsylvania Supreme Court Holds Self-Referral Prohibition Does Not Cover Prescriptions Written by Physicians with Ownership Interests in Dispensing Pharmacies

700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office (State Workers’ Insurance Fund); Nos. 97, 98, 99, 100, 101 MAP 2024; decided June 16, 2026; by Justice Mundy.   In this case, Drs. Miteswar Purewal and Shailen Jalali, treating physicians for workers’ compensation claimants, wrote prescriptions for various medications that were filled by 700 Pharmacy. The worker’s compensation insurer refused to pay for the prescriptions on the basis that they were illegal self-referrals under the Act. 700 Pharmacy subsequently filed fee review applications with The Bureau of Workers’ Compensation Medical Fee Review Office. At a fee review hearing, both physicians stipulated they had a financial interest in the pharmacy.  The physicians argued that the Anti-Referral Provision of the Act does not bar self-referrals on prescription drugs and pharmaceutical services, since the provision does not specifically identify prescription drugs. The Fee Review Hearing Officer rejected this argument and found that prescriptions for medications are prohibited under the “goods or services” language included in the provision. 700 Pharmacy appealed to the Commonwealth Court, and the court affirmed, agreeing with the Hearing Officer’s interpretation of “goods and services” as encompassing prescriptions. 700 Pharmacy appealed to the Supreme Court.  The Supreme Court reversed the decisions of the Hearing Officer and the Commonwealth Court, holding that the term “goods and services” in the Anti-Referral Provision of the Act did not include prescriptions. According to the Court, “goods and services” was not a catch-all, but simply explanatory as to the eight enumerated categories in the provision. The provision (Section 306(f.1)(3)(iii)) reads, in pertinent part: Notwithstanding any other provision of law, it is unlawful for a provider to refer a person for laboratory, physical therapy, rehabilitation, chiropractic, radiation oncology, psychometric, home infusion therapy  or diagnostic imaging, goods or services pursuant to this section if the provider has a financial interest with the person or in the entity that receives the referral. The Court said that if the General Assembly wanted to specifically include prescription drugs and pharmaceutical services in the Anti-Referral Provision, they would have done so. They pointed out that prescription drugs and pharmaceutical services were included by the legislature in Section 306 (f.1)(3)(vi) of the Act as to reimbursement, and claimed that their omission from the Anti-Referral Provision supports the conclusion that those services are not included in the Anti-Referral Provision’s self-referral prohibition.

Thought Leadership

Coverage Determined, Judgment Paid, Bad Faith Survives: Fourth DCA’s Opinion Highlights the Distinction Between Contractual and Extra-Contractual Damages

In Healthy Food Experts, LLC v. Amguard Ins. Co., No. 4D2025-0181 (4th DCA June 10, 2026), the Fourth District Court of Appeal explained that an insurer’s payment of a judgment in a breach of contract case does not automatically eliminate a later bad faith claim seeking extra-contractual damages. The decision provides guidance on when a first-party bad faith claim may still proceed after a coverage dispute has already been resolved by a judgment. Healthy Food Experts, LLC involved a dispute related to a property damage claim submitted under a commercial insurance policy issued by the insurer following a ceiling collapse at the insured’s restaurant. The insurer denied coverage for the insured’s losses for business personal property and business income, but extended coverage for the food spoilage losses. As a result, the insured filed a breach of contract action and ultimately obtained a jury verdict. The insurer appealed the verdict and, while the appeal was pending, the insured filed a Civil Remedy Notice (CRN) seeking payment for the judgment plus interest. The insurer failed to cure the CRN within the statutory sixty-day cure period, but paid the judgement in full with accrued interest following the appeals court’s per curiam affirmance. Nevertheless, the insured filed a first party bad faith lawsuit claiming to have suffered extra-contractual damages. In response to the bad faith suit, the insurer filed a Motion to Dismiss for failure to state a cause of action, relying on Fridman v. Safeco Insurance Co. of Illinois, 185 So. 3d 1214 (Fla. 2016) stating that damages were fixed by judgment of the breach of contract suit and the insured could not recover additional damages beyond those already awarded. The insurer also argued that the judgment did not exceed the insured’s policy limits, which was a required element of a first party bad faith claim. The trial court dismissed the bad faith action based on Fridman, concluding the insured could not seek any additional damages.  The insured appealed the court’s ruling to the Fourth DCA arguing the trial court’s order conflicts with Florida law and misapplies Fridman, as a contractual damage determination in the underlying suit establishes the “condition precedent to prosecute a first party bad faith action.” Cingari v. First Protective Ins. Co., 377 So. 3d 1169, 1174 (Fla. 4th DCA 2024). Further, the insured argued that the only purpose to the binding language in Fridman is to prevent the re-litigating of the same damages, which in this case are the contractual damages. The insured asserted the damages were not the “same” as they were seeking consequential damages from the insurer’s alleged bad faith. The Fourth District emphasized in its ruling that a first party bad faith claim is not ripe for litigation until there has been the following: a determination of the insurer’s liability for coverage; a determination of the extent of the insured’s contractual damages, and the required civil remedy notice is filed pursuant to §624.155(3)(a).  Demase v. State Farm Fla. Ins. Co., 239 So. 3d 218, 221 (Fla. 5th DCA 2018) The court concluded that the necessary conditions were satisfied as the jury verdict determined both coverage and the extent of the insured’s contractual damages, and the insured properly filed a civil remedy notice, so the bad faith claim was ripe for litigation. The Fourth DCA further explained the insured could not seek contractual damages in its bad faith action, which was previously litigated in its breach of contract suit. However, the court determined the insured could seek “extra-contractual damages,” which were not recoverable in the insured’s breach of contract suit, which may include interest, court cost, and reasonable attorney’s fees incurred by the insured. Further, the court held excess judgment is not essential in a first party bad faith claim and the insurer’s late payment of the judgment did not preclude the insured’s bad faith action. As a result, the Fourth District Court of Appeals reversed the trial court’s final dismissal order of the bad faith action. This opinion highlights the distinction between contractual and extra-contractual damages. Moreover, this case demonstrates that a judgment does not necessarily end the dispute in a first party property claim as it is could also serve as a prerequisite of a bad faith action. The decision serves as a reminder that insurers may face bad faith exposure notwithstanding the payment of a judgment in an underlying breach of contract action.

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

Unanimous New Jersey Supreme Court Holds That Personal Emails of Public Employees and Officials are Subject to OPRA

In Rosetti v. Ramapo-Indian Hills Regional High School Board of Education, the New Jersey Supreme Court unanimously held that government-related emails, which are contained within personal email accounts, are government records under the Open Public Records Act (OPRA), and a log of those emails must be produced when requested. In reaching this decision, the court conducted an analysis of the OPRA and cited previous cases that held that emails do in fact fall within OPRA’s definition of a record and must be produced when requested pursuant to the Act. The court in Rosetti then had to answer the question as to whether public officials’ personal email accounts that are used for government purposes are subject to OPRA, and found that they are. Rosetti made an OPRA request to the Board of Education seeking email logs from Board members’ personal email accounts. The Board refused to produce the logs and indicated that it was not under any obligation to produce personal email account logs, only from government-related email accounts. The issue was whether a log had to be produced for Board members’ personal email accounts, which they used to conduct Board business. The Board argued that while it was possible to create a log for government-related email accounts through its IT Department, it was not possible to do so for personal email accounts. The court rejected this argument and ruled that Board members are required to search their personal email accounts and create a log of government-related emails housed in those accounts. Once completed, each Board member then must submit a certification detailing the searches that were conducted. The court went one step further with a suggestion to government employees and officials, stating, “[g]overnment agencies should strongly advise their employees, elected officials, and others engaged in government-related business to refrain from using their personal email accounts when conducting government-related business.”  Please do not hesitate to contact me with any questions regarding this case and others pertaining to the OPRA. 

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.