Brooks R. Foland

Chair, Emergency Medical Services Practice Group
Shareholder

    Brooks has a varied litigation practice in our Professional Liability Department representing insurers in claims involving coverage disputes, insurance bad faith, and uninsured and underinsured motorists benefits. He spends a portion of his practice defending claims against product manufacturers and public entities. As chair of the Emergency Medical Services Practice Group, Brooks defends EMS agencies and their individual providers in all manner of litigation. 

    Brooks has developed an extensive trial practice, serving as first chair in close to 50 jury trials and has participated as counsel in dozens of arbitrations and mediations. He is frequently asked by clients and industry organizations to lecture on a variety of topics concerning insurance coverage and bad faith matters.

    Brooks is the former president of the Dauphin County Bar Association, and is the recent past vice president. He is also a member of the Pennsylvania Bar Association, Pennsylvania Defense Institute and the Pennsylvania Emergency Health Services Council. Brooks is currently on the Board of Pennsylvania Defense Institute and co-chair of Auto Law Committee of PDI. He serves on the Board of Directors for Tree 4 Hope, Inc.

    Brooks has almost 30 years’ legal experience in all aspects of Civil Litigation and Alternative Dispute Resolution (ADR) as an arbitrator and as an attorney representing interested parties in hundreds of arbitrations and mediations. These experiences, coupled with rigorous and in-depth ADR training, working with excellent mentors in the field and providing volunteer services, has led Brooks to a personal and professional commitment to the value of ADR in attempting to resolve the full spectrum of litigated and non-litigated disputes.  

    Brooks is very active in his community and church.  He is a long-time volunteer for Meals on Wheels and works pro bono with veterans on disability appeals.  He enjoys travel and takes an annual mission trip to Guatemala to assist with boys and girls’ orphanages.

    Certifications & Training

    Pepperdine School of Law: Mediating the Litigated Case, September 2021 

    United States District Court Middle District of PA: Mediation Training & Certification, September 2021 

    Significant Representative Matters

    Successfully defended a home health nursing agency in a wrongful death case.

    Successfully defended a large international paint and coatings manufacturer at trial involving claims of design and manufacturing defects.

    Successfully defended fire companies and other public entities at trial involving claims under the Political Subdivision Tort Claims Act.

    Successfully defended insurers in cases involving coverage disputes and claims of insurance bad faith.

    Successfully handled through resolution, arbitration and trial claims made against insurers for uninsured and underinsured motorist benefits.

    Successfully defended paramedics and EMTs in numerous trials involving claims of professional liability.

    Classes/Seminars Taught

    Rancosky and Bad Faith”, Pennsylvania Bar Institute (PBI), October 30, 2017

    Staking, Sign Downs, and Rejection of Uninsured and Underinsured Motorist Coverage:  Making Heads and Tails Out of All the Different Forms and Rules”, Pennsylvania Defense Institute (PDI), July, 2017

    "Proper Handling of UM/UIM Claims:  The Good, The Bad, And The Ugly" , Marshall Dennehey Client Seminar, June 17, 2016

    EMS Medical-Legal Seminar, Pinnacle Health Systems, September, 2015

    Insights Into Civil Litigation Practices and Procedures in Pennsylvania’s Venues, Liberty Mutual Insurance Company Personal Lines Unit, April 2015

    Published Works

    “Setting the ‘Toner’ to Grant Allocatur in Pergolese v. The Standard Fire Ins. Co.,” Defense Digest, Vol. 23, No. 3, September 2017

    Legal Teaching Position

    Widener University School of Law, Adjunct Professor

    Admissions
    Pennsylvania
    1993
    U.S. District Court Eastern District of Pennsylvania
    U.S. District Court Middle District of Pennsylvania
    U.S. District Court Western District of Pennsylvania
    U.S. Court of Appeals 3rd Circuit
    Education
    Widener University School of Law (J.D., 1993)
    Temple University (B.S., cum laude, 1990)
    Honors & awards
    Pennsylvania Super Lawyers
    2017-2021
    Associations & memberships
    Dauphin County Bar Association, President, 2019
    Neighborhood Dispute Settlement, Volunteer Mediator
    Pennsylvania Bar Association, ADR Committee, Member
    Pennsylvania Council of Mediators, Member
    Pennsylvania Defense Institute
    Pennsylvania Emergency Health Services Council, Affiliate Council
    Tree 4 Hope, Inc., Board of Directors, Secretary
    United States District Court Middle District of Pennsylvania, Certified Mediator
    Year joined
    2014