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Ana M. McCann

Portrait of Ana M. McCann

As a member of the Casualty Department, Ana focuses on handling asbestos, lemon law/breach of warranty and general liability cases. She has drafted and argued numerous dispositive motions, defended clients at arbitration hearings, deposed fact and expert witnesses, and negotiated advantageous settlements on behalf of her clients.

After graduating from Seton Hall University in 1996, Ana was employed as a client services specialist for a health insurance company in Piscataway, New Jersey. In 1999, she enrolled in Widener University School of Law, where she received her juris doctor in 2002. 

Ana served as a judicial clerk in the Superior Court of New Jersey in 2002-2003. During her clerkship, she served as a mediator for the court, where she mediated landlord/tenant disputes, contract disputes and accident claims.

Ana joined Marshall Dennehey in 2003 in the firm's Wilmington, Delaware, office, and is licensed to practice in Delaware, New Jersey and Pennsylvania.

    • Widener University Delaware Law School (J.D., 2002)
    • Seton Hall University (B.A., 1996)
    • Delaware, 2003
    • New Jersey, 2003
    • U.S. District Court District of Delaware, 2010
    • Pennsylvania, 2025
    • Certificate of Achievement - Seminar: HIV/AIDS & The Law
    • Delaware State Bar Association
    • "Delaware Superior Court Finds That No Duty Extends To Spouse/Household Members Of Employees Exposed To Asbestos," Defense Digest, March 2008
    • "Delaware's Ban On Court Reporter Contracts," Defense Digest, September 2004

Results

Thought Leadership

Defense Digest

Delaware Supreme Court’s Reversal of Trial Court Decision on Zantac Expert Testimony May Carve a Path for Heightened Scrutiny of Experts in Asbestos Litigation

December 1, 2025

Key Points:  Supreme Court held that trial court misinterpreted the plaintiffs’ burden by stating Delaware Rule of Evidcen 702 should be applied with a liberal thrust favoring admission. Supreme Court ruled that the plaintiffs failed to show by preponderance of the evidence that their experts’ opinions were reliable. Court emphasized that “an expert offering an opinion regarding general causation for a product must opine as to the product itself,” not the toxicity of some individual component. Court observed that there is no consensus in Delaware law as to “threshold dose.” As of September 2022, there were approximately 75,000 pending Zantac (ranitidine) cases in Delaware, coming from more than a dozen national plaintiffs’ firms and with three Delaware firms acting as local counsel. These cases were filed in the Superior Court of Delaware. The plaintiffs in In re: Zantac (Ranitidine) Litig., 2025 WL 1903760 (Del. 2025) alleged that their ingestion of the molecule ranitidine—marketed under the brand name Zantac, in which N-Nitrosodimethylamine (NDMA), an alleged carcinogen, may be found—caused the cancer with which they were diagnosed. In November 2023, the defendants moved to exclude the plaintiffs’ general causation experts under Delaware Rule of Evidence 702 (DRE 702), which is modeled after Federal Rule of Evidence 702 (FRE 702), and the principles set forth in Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993), which determine whether expert testimony is admissible. Daubert reiterates the requirements of FRE 702 by stating that expert opinions must be the product of a reliable process measured by things like peer review and general acceptance in the scientific community. Daubert also states that judges should act as gatekeepers to ensure that potential expert opinions are both reliable and relevant before they can be heard by a jury.  The defendants’ principal arguments were that (1) the original lab study was an outlier, conducted under unrealistic conditions, and the results were never duplicated; (2) the plaintiffs’ experts failed to offer threshold-dose opinions; and (3) the plaintiffs’ experts inappropriately focused on toxicity of NDMA itself as opposed to causation associated with ranitidine use. The trial court denied the defendants’ Rule 702 motion, finding that (1) the studies focused on NDMA toxicity were sufficient to establish general causation—ignoring the defendants’ argument that no studies show a connection between ranitidine use and cancer; (2) Delaware law does not “recognize a threshold-dose requirement as part of the general causation analysis”; and (3) Delaware law requires a trial court to apply a “liberal thrust” favoring admissibility of expert testimony. Consistent with this liberal-thrust standard, the court dismissed each of the defendants’ critiques of the plaintiffs’ experts, stating that they went to weight rather than admissibility and, therefore, were jury questions.  The defendants requested that the Superior Court certify its order for an interlocutory appeal. The Superior Court denied certification. However, the Supreme Court of The State of Delaware reviewed and granted the request.  The Supreme Court acknowledged that evidentiary rulings are rarely appropriate for interlocutory review, but it noted that the trial court’s decision raised substantial issues regarding the Daubert standard and mass tort litigation specifically. Further, recognizing the significance of the issues, the Supreme Court elected to hear the case en banc. The appellants raised three claims on appeal:  (1)    The Superior Court applied an unduly lenient standard and wrongly held that all methodological critiques went to weight, not admissibility. Specifically, the appellants argued that an analysis under DRE 702 should not be conducted with a “liberal thrust favoring admission” and that it is a trial court’s duty to ensure that an expert applies his or her methodology reliably; (2)    The Superior Court erred in focusing its general causation analysis on NDMA, rather than ranitidine; and  (3)    The Superior Court erred in holding that the plaintiffs’ experts did not need to identify the threshold dose required to cause the cancers at issue. On July 10, 2025, the Supreme Court reversed the trial court’s ruling on several grounds.  First, the court held that the trial court misinterpreted the plaintiffs’ burden by stating DRE 702 should be applied with a liberal thrust favoring admission. The court stressed that Daubert never created a presumption of admissibility. Instead, they opined that “the proponent of an expert opinion must prove its admissibility by a preponderance of the evidence” with no presumption toward admissibility.  After clarifying the burden of proof, the Supreme Court took a deep dive into the underlying studies. The court noted several instances where the plaintiffs’ experts ignored—without explanation—major peer-reviewed epidemiology studies in favor of lower-quality and less-relevant publications. In doing so, the court affirmatively ruled that the plaintiffs failed to show by preponderance of the evidence that their experts’ opinions were reliable.  The Supreme Court also found that the trial court erred by framing the general-causation question on the alleged carcinogenic agent—NDMA—rather than the actual product at issue—ranitidine. The court emphasized that “an expert offering an opinion regarding general causation for a product must opine as to the product itself,” not the toxicity of some individual component. Having held that the plaintiffs’ experts’ opinions were deficient, the court determined that it did not need to reach the separate “threshold dose” question the defendants raised on appeal, but it observed that “there is no consensus in Delaware law as to ‘threshold dose.’” There are several takeaways from the Supreme Court’s ruling that may be relevant to asbestos litigation.  First, with the Delaware Supreme Court clarifying a preponderance-of-the evidence standard (with no presumption of admissibility) over the previously understood “liberal thrust favoring admission,” plaintiffs’ and defense experts are likely to face heightened scrutiny.  Further, it now appears that experts offering causation opinions “must opine as to the product itself,” as opposed to asbestos toxicity generally. Plaintiffs may likely be required to show that exposure to a specific product has a higher rate of developing asbestos disease. This may pose a potentially significant obstacle for plaintiffs when asbestos fibers are encapsulated within a product.  Defense Digest, Vol. 31, No. 4, December 2025, is prepared by Marshall Dennehey 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. © 2025 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

New Jersey Appellate Division Affirms Exclusion of Legal Malpractice Expert as Impermissible Net Opinion

Jack Slimm and Jeremy Zacharias obtained a favorable decision on behalf of their client in a case centering on the admissibility of expert testimony in legal malpractice actions. In Martin v. Loury, the New Jersey Appellate Division affirmed the exclusion of a plaintiff's legal malpractice expert, holding that the expert's opinions on causation and damages were too speculative to support the malpractice claim. The legal malpractice action arose from an underlying employment dispute involving claims for damages stemming from the breach of an employment agreement. The plaintiff alleged that defense counsel committed malpractice during a second trial by failing to recall the plaintiff as a rebuttal witness after the employer's CEO testified. According to the plaintiff's expert, additional rebuttal testimony would have bolstered the plaintiff's damages claims and led to a more favorable result. Both the trial court and the Appellate Division rejected that theory. The courts found that the expert could not explain how the proposed rebuttal testimony would have altered the outcome of the underlying case or resulted in any additional recoverable damages. Notably, the trial judge in the underlying employment matter had already rejected the CEO's testimony as not credible and had accepted the damages analysis advanced by the plaintiff. The court had also determined that the amount of damages was not genuinely disputed. As a result, the expert's opinion that additional rebuttal testimony would have produced a better outcome was unsupported by the record and based on speculation rather than evidence. The Appellate Division agreed that neither the plaintiff nor the expert could identify any actual damages attributable to the alleged malpractice or demonstrate the required element of proximate causation. The court further upheld the trial court's application of New Jersey's net opinion doctrine, finding that the expert failed to provide the necessary "why and wherefore" supporting his conclusion that the attorney's conduct caused a compensable loss. Because the opinions rested on unquantified possibilities rather than demonstrable facts, they were inadmissible. Key Takeaway for Legal Malpractice Defendants For attorneys and firms defending legal malpractice claims, Martin v. Loury underscores the importance of closely scrutinizing an opponent's expert report on the critical elements of proximate causation and damages. The decision demonstrates that a malpractice claim cannot survive where an expert merely speculates that different litigation tactics might have produced a better result. Instead, the plaintiff must present admissible expert testimony grounded in the record that explains how the alleged attorney error probably changed the outcome of the underlying matter and resulted in measurable damages.

Thought Leadership

Supreme Court of Pennsylvania Holds That Public Policy Does Not Prevent Insurance Coverage for Sex Trafficking Claims

On July 21, 2026, the Supreme Court of Pennsylvania issued an opinion emphasizing the limited circumstances in which courts may invoke public policy to bar insurance coverage, holding in Samsung Fire & Marine Insurance Co., Ltd. (U.S. Branch) v. RI Settlement Trust that Pennsylvania public policy does not preclude coverage for claims alleging that insureds enabled or profited from human sex trafficking. The decision rejects a line of federal district court decisions predicting otherwise and reinforces that Pennsylvania courts will invoke the public policy doctrine only in the clearest of circumstances. RI Settlement is particularly significant because it arose on certified questions from the United States Court of Appeals for the Third Circuit, giving the Supreme Court the opportunity to resolve an issue on which federal courts had predicted Pennsylvania law differently. RI Settlement arose out of four separate civil complaints in which the underlying plaintiffs alleged that, as minors, they were the victims of human sex trafficking at various hotels in Philadelphia. The plaintiffs claimed that the hotel owners were negligent in failing to stop the sex trafficking from happening at their hotels. After the filing of the lawsuits, the hotel owners sought coverage under their Commercial General Liability policies. The insurers initially defended the hotels under Reservation of Rights letters, though the carriers later filed Declaratory Judgment actions seeking declarations that they did not owe a duty to defend or indemnify. In short, the insurers argued in the alternative that they did not owe any obligation to provide coverage based upon Pennsylvania public policy (because the claims violated the Human Trafficking Law – 18 Pa.C.S. § 3011) and the terms and conditions of the policy. On motions for judgment on the pleadings, the District Court found for the insurers on the basis of public policy: There is no duty to defend or indemnify against actions arising out of an insured's criminal conduct related to the sex trafficking of minors. The Court appreciates that it may make public policy the basis of a judicial decision only in “the clearest of cases.” See Minnesota Fire & Cas. Co. v. Greenfield, 589 A.2d 854, 868 (Pa. 2004) (quoting Hall v. Amica Mut. Ins. Co., 648 A.2d 755, 760 (Pa. 1994)). Yet, the Court strains to imagine a clearer case than the one presented here in which the facts alleged indicate that Policyholders engaged in criminal conduct in violation of Pennsylvania's Human Trafficking Law. The hotel owners appealed the matter to the Third Circuit, which petitioned the Supreme Court of Pennsylvania to grant review of two certified questions of law: (1) whether Pennsylvania law had an “overriding public policy” against sex trafficking, such that an insurer’s duty to defend and/or indemnify is abrogated when an insured is alleged to have enabled or profited from such trafficking; and (2) if yes, is that duty abrogated whenever the insured’s alleged conduct would constitute a violation of the Pennsylvania Human Trafficking statute. Importantly, the certified questions did not ask the Supreme Court to determine whether the policies afforded coverage under their terms. Rather, the court was asked only whether Pennsylvania public policy independently barred coverage. As a result, the court assumed for purposes of answering the certified questions that the insurers otherwise owed a duty to defend and addressed only the public policy issue, leaving all policy-based coverage defenses for further proceedings. Because the court concluded that the answer to the first certified question was “no”, it did not reach the second issue. In reaching its determination that Pennsylvania public policy does not prohibit insurance coverage for sex trafficking claims, the court limited the impact of its decision in Minnesota Fire & Cas. Co. v. Greenfield, 855 A. 2d 854, 855 (Pa. 2004), which the RI Settlement opinion emphasized as having been an “Opinion Announcing Judgment of the Court” – or a plurality opinion. In Greenfield, the insured homeowner was sued by the estate of his houseguest who overdosed from heroin that he sold to her. The matter wound its way to the Supreme Court, which determined that the insurer did not owe a duty to defend or indemnify based upon Pennsylvania public policy, which criminalized the sale and use of heroin as a Schedule I narcotic. In RI Settlement, the court “decline[d] the invitation” to extend the rationale of the three-justice plurality in Greenfield beyond cases involving Schedule I controlled substances. In so holding, the justices in RI Settlement refused to “divine an overriding public policy pronouncement by the General Assembly by virtue of its enactment of the Human Trafficking Law.” The opinion further states that it is not “within the purview of this Court to rank the magnitude of the public policy underlying the various crimes defined in the Crimes Code. It is sufficient for the work of the courts to know that the General Assembly has identified conduct it deems harmful and dangerous to the maintenance of an orderly society and criminalized it.” While the court declined to declare that Pennsylvania public policy prohibits coverage for sex trafficking claims, the opinion in RI Settlement expressly states that insurers are free to include appropriate exclusionary language for such causes of actions in their policies if they desire to do so. It will certainly be interesting to see whether the insurance industry accepts the court’s invitation, or perhaps whether the Pennsylvania legislature steps in to clarify that sex trafficking claims are indeed of the type or magnitude that they should not be covered by insurance. In any event, we will, of course, continue to monitor this and other insurance coverage issues that arise before courts in Pennsylvania, New Jersey and throughout our firm’s geographic footprint and around the country.

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

Court Allows Recklessness and Punitive Damages Claims to Proceed After Work‑Zone Crash

In a case where a defendant filed preliminary objections against allegations of recklessness and punitive damages, the Susquehanna County Court of Common Pleas denied these preliminary objections. This case stems from a motor vehicle accident, where the defendants car struck the plaintiffs car after the defendant allegedly fell asleep at the wheel, going at a high rate of speed, through a construction work zone. Defendant first objected to the general allegations throughout the plaintiff’s complaint pertaining to “reckless” conduct contending that there were insufficient factual allegations to support the claim of reckless conduct. Defendant next objected to the plaintiffs claim for punitive damages, as punitive damages may only be assessed against a motorist for falling asleep while driving if there is further evidence to prove driver was aware of their drowsiness and risk of falling asleep. Lastly, defendant objected to plaintiffs complaint, claiming it lacked specificity. The court here found that the plaintiff had included in the complaint specific allegations related to the defendant’s alleged recklessness, including allegations regarding speeding in a work zone, almost striking the flagger, falling asleep at the wheel, and striking the plaintiffs vehicle which was stopped. Additionally, the court noted that falling asleep does not come without warning. The court found that these allegations were sufficient to support an allegation of recklessness at the pleadings stage.