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Christopher J. DiCicco

Co-Chair, Aviation and Complex Litigation Practice

Co-Chair, Maritime Litigation Practice

Portrait of Christopher J. DiCicco

Chris is a shareholder in the Casualty Department where he concentrates his practice mostly in the areas of product liability, admiralty and maritime litigation, and aviation litigation. He previously served as Chair of the firm's Executive Committee Advisory Council.

In the area of product liability, Chris primarily defends the manufacturers and distributors of tools, automatic doors, machinery, and other heavy industrial equipment.

As Co-Chair of the Maritime Litigation Practice, Chris handles maritime personal injury defense cases, including recreational boating cases, marine construction cases, cases involving the Jones Act and Longshore and Harbor Workers’ Compensation Act, and maritime product liability matters. He also handles cargo matters, including those involving warehouses and transportation brokers. Other maritime experience includes claims involving allisions, collisions, groundings, shipboard fires, and marine insurance disputes. 

As Co-Chair of the Aviation and Complex Litigation Practice, Chris has experience representing airports in aircraft crash cases, as well as representing a flight training provider and one of its pilots. He also has experience handling matters on behalf of a major airline, including baggage and ticket disputes, and claims involving travel agencies. Through his experiences with these matters, he has gained knowledge about airport operations, flight operations, manufacture of aircraft and engine components, aircraft repair and maintenance, Federal Air Regulations and FAA oversight. Chris is also a member of the Aviation Insurance Association, as well as a member of the Insurance Law Global Aviation Subgroup.     

Chris graduated with honors from Villanova University with a bachelor's degree in Political Science. He obtained his juris doctor from Brooklyn Law School.

Chris has been recognized for the last several years as a New York Metro and New Jersey Super Lawyer Rising Star.

Chris is admitted to practice in New York, New Jersey and the Commonwealth of Pennsylvania and he actively handles litigation in all of those jurisdictions.

    • Brooklyn Law School (J.D., 2011)
    • Villanova University (B.A., cum laude, 2008)
    • New Jersey, 2011
    • U.S. District Court District of New Jersey, 2011
    • New York, 2012
    • U.S. District Court Eastern District of New York, 2012
    • U.S. District Court Southern District of New York, 2012
    • U.S. Court of Appeals 2nd Circuit, 2014
    • Pennsylvania, 2021
    • U.S. District Court Eastern District of Pennsylvania, 2021
    • The Best Lawyers: Ones to Watch®, Transportation Law (2023-2024)
      The Best Lawyers list is issued by Woodward & White. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • The Best Lawyers: Ones to Watch®, Personal Injury Litigation – Defendants (2024)
      The Best Lawyers list is issued by Woodward & White. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • New Jersey Super Lawyer Rising Star (2018-2026)
      The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • New York Metro Super Lawyer Rising Star (2015-2021)
    • New York Metro Super Lawyer (2024-2025)
    • Aviation Insurance Association
    • Maritime Law Association of the United States
    • Around the World in 45 Minutes, ILG 360º London Annual Conference 2023, March 15, 2023
    • (Not So) Straight Forward and Freight Forward: Claims Handling Under Shipper's Interest Cargo Insurance, AIMU/MICA Seminar “Marine Insurance: A Global Perspective,” New York, June 2018
    • Schoenbaum Longshore & Harbor Workers Compensation Act - Chapter 5, Marshall Dennehey Client Presentation, March 2018
    • Chapter 3 –Schoenbaum's Admiralty and The General Maritime Law (3-14 through 3-24), Client Seminar, December 16, 2015
    • Chapter 3 –Schoenbaum's Admiralty and The General Maritime Law (3-1 through 3-13), Client Seminar, November 17, 2015
    • Impact of Long Shore and New York Labor Law, the Jones Act and McBride Decision on Punitive Damages Under Maritime Law, Client Seminar, April 2015
    • Brief Overview of New York No-Fault Insurance Law, April 2012
    • Case Law Alerts, regular contributor, 2016-present
    • “Brief Overview of Shipowner’s Limitation of Liability Act – History, Procedure and Recent Trends,” Defense Digest, Vol. 20, No. 1, March 2014
    • Successfully obtained summary judgment dismissing all claims against our client in a marine construction NY Labor Law case pending in Supreme Court Rockland County. The case involved bodily injuries sustained to an employee of our client which was a sub-subcontractor at the site of the new Mario Cuomo Bridge. The property owner, general contractor and the subcontractor each cross-claimed and/or third-partied our client into the case seeking contractual and common law indemnity and contribution pursuant to the terms and conditions of the various contracts.  We argued and the Court agreed, since there was no finding of negligence against our client causing the injuries sustained to plaintiff, the indemnification clauses were not implicated. The Court found that there was no evidence demonstrated that our client caused in whole or in part the injuries plaintiff sustained. The plaintiff and general contractor made  motions to reargue which  were both denied. The parties also filed appeals which are currently pending in the Appellate Division.
    • Obtained summary judgment in a maritime personal injury case in favor of The City of New York and the New York City Economic Development Corp. (NYCEDC). ​The suit was for personal injuries sustained to a dock builder. The City was the owner of the East River Ferry Landing’s Project at a pier on East 34th Street in Manhattan. The NYCEDC acted as The City’s project manager. Suit was brought under the New York State Labor Law Sections 200, 240(1), and 241(6), as well as common law negligence. As to the Labor Law 240(1), the court determined that this section did not apply to the facts as the plaintiff’s alleged injury (caused by the repetitive nature of receiving buckets of epoxy, which were lowered down to him from a barge, and then he carried the buckets across a float stage and poured the epoxy into pile jackets) was only tangentially related to gravity and was not caused by the kind of gravity-related risks that Labor Law 240(1) intended to cover. As to the plaintiff’s Labor Law 200 and common law negligence claims, plaintiff’s counsel conceded during oral argument that there was no basis to proceed with such claims against The City and NYCEDC. Lastly, with respect to the plaintiff’s Labor Law 241(6) claims, the plaintiff did not oppose our motion to dismiss that claim. 
    • Obtained the dismissal for our client by motion as a result of plaintiff's failure to comply with the applicable two-year statute of limitations.  Our client was the owner of the facility at which plaintiff was operating a loaded trailer while in the employ of the lessee of the yard, when the trailer tipped over while plaintiff was moving it from the loading bay to the other side of the yard.  Plaintiff sustained very serious bodily injuries.  In addition to the dismissal of plaintiff's Complaint, we also recovered approximately 50% of our attorney's fees incurred on behalf of our client on our third-party claims against the plaintiff’s employer and lessee of the yard, pursuant to the lease agreement between our client and the lessee of the yard.
    • Obtained the dismissal of plaintiff's cargo claims against our client, a non-vessel operating common carrier, during a bench trial in the Superior Court of New Jersey, Union County, Special Civil Part, following the successful cross-examination of the plaintiff.
    • Obtained summary judgment on behalf of the owner and property management company of a senior housing complex in a case in which the elevator car doors on one of the elevators in the building struck plaintiff as she was entering the elevator, resulting in personal injuries.  The plaintiff alleged that our clients were negligent in allowing a hazardous condition to exist on the property.  At the conclusion of discovery, we moved for summary judgment on liability, arguing the lack of any evidence of a defect or malfunction with respect to the elevator doors on the incident date, or alternatively, the lack of any actual or constructive notice of the alleged hazardous condition, if it even existed in the first place.  The court (Monmouth County Superior Court) agreed, focusing on the lack of notice to the owner and property manager, and granted our motion for summary judgment dismissing all claims and cross-claims against our clients, with prejudice. 
    • Obtained the dismissal of the plaintiff’s personal injury action, which arose from a boating accident that occurred during a regatta that took place in the waters off of Little Egg Harbor in Beach Haven, New Jersey.  At the time of the accident, the plaintiff was sixteen years old.  The lawsuit was not commenced until more than three years after the accident.  We filed a motion to dismiss the Complaint on the basis that it was barred by the three (3) year Uniform Statute of Limitations (46 U.S.C. § 30106 (formerly 46 U.S.C. § App’x 763a)) applicable to all maritime tort actions and was not subject to New Jersey’s infant tolling statute.  The United States District Court for the District of New Jersey agreed and granted our motion dismissing the plaintiff's Complaint.

Results

Claims Dismissed in Marine Construction NY Labor Law Case

Our team successfully obtained summary judgment dismissing all claims against our client in a marine construction NY Labor Law case pending in Supreme Court Rockland County. The case involved bodily injuries sustained to an employee of our client, which was a sub-subcontractor at the site of the new Mario Cuomo Bridge. The property owner, general contractor and the subcontractor each cross-claimed and/or third-partied our client into the case. They sought contractual and common law indemnity and contribution pursuant to the terms and conditions of the various contracts. We argued, and the court agreed, that since there was no finding of negligence against our client causing the injuries sustained by the plaintiff, the indemnification clauses were not implicated. The court found that there was no evidence demonstrating that our client caused in whole or in part the injuries the plaintiff sustained.

Successful Defense of Marine Construction New York Labor Law Case

Marshall Dennehey successfully obtained summary judgment, dismissing all claims against our client in a marine construction New York Labor Law case in the Supreme Court in Rockland County. ​The case involved bodily injuries sustained to an employee of our client, a sub-subcontractor at the site of the new Mario Cuomo Bridge. The property owner, general contractor and the subcontractor each cross-claimed and/or third-partied our client into the case, all seeking contractual and common law indemnity and contribution pursuant to the terms and conditions of the various contracts. We argued, and the court agreed, that since there was no finding of negligence against our client in causing the injuries sustained to the plaintiff, the indemnification clauses were not implicated. The court found there was no evidence demonstrating that our client caused, in whole or in part, the injuries the plaintiff sustained. The plaintiff and general contractor filed motions to reargue, which were denied.

Thought Leadership

Case Law Alerts

U.S. Supreme Court Held that Choice-of-Law Clauses in Maritime Contracts Are Presumptively Enforceable Under Federal Maritime Law

April 1, 2024

On February 21, 2024, the Supreme Court of the United States, in a unanimous opinion delivered by Justice Kavanaugh, held that choice-of-law clauses in maritime contracts are presumptively enforceable under federal maritime law, subject to two narrow exceptions: (1) when the chosen law would contravene a controlling federal statute or established federal maritime policy; or (2) when the contracting parties cannot show any reasonable basis for the chosen jurisdiction. The second exception must be applied with “substantial deference to the contracting parties.” Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, Case No. 22-500, Slip Op. at 10-11 (Feb. 21, 2024). The Court stated that “the uniformity and predictability resulting from choice-of-law provisions are especially important for marine insurance contracts given that marine insurance is ‘an integral of virtually every maritime transaction, and maritime commerce is a vital part of the nation’s economy.’” Id. at 9 (quoting M. Sturley, Restating the Law of Marine Insurance: A Workable Solution to the Wilburn Boat Problem, 29 J. Mar. L. & Com. 41, 45 (1998). This decision is a very favorable and significant result for marine insurers and the principle of maritime uniformity.  Case Law Alerts, 2nd Quarter, April 2024 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 © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Case Law Alerts

SCOTUS Grants Certiorari to Hear Marine Insurance Dispute

April 1, 2023

The Supreme Court of the United States recently granted certiorari to decide whether, under federal admiralty law, “a choice of law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the ‘strong public policy’ of the state whose law is displaced.” The underlying claim involved damage to a vessel that ran aground, which resulted in the vessel owner filing a coverage claim under its marine insurance policy. The insurer denied coverage and subsequently filed a declaratory judgment action seeking to rescind the policy. The vessel owner then filed multiple counterclaims, including extra-contractual claims under Pennsylvania law. The insurer subsequently moved for judgment on the pleadings on the Pennsylvania law counterclaims, arguing that the policy’s choice of law provision required the application of New York law, precluding those counterclaims. The United States District Court for the Eastern District of Pennsylvania ruled in favor of the insurer, and the vessel owner appealed to the Third Circuit Court of Appeals. The Third Circuit reversed and remanded, finding that a choice of law provision is unenforceable if it “would contravene a strong public policy of the forum in which suit is brought.” The Third Circuit instructed the District Court to consider whether Pennsylvania “has a strong public policy that would be thwarted by applying New York law.” In turn, the insurer filed a petition for writ of certiorari, which the Supreme Court granted, limited to the above-referenced question. The Supreme Court’s decision on this issue may have wide-ranging implications on contract cases going forward, particularly those involving choice-of-law provisions.  Case Law Alerts, 2nd Quarter, April 2023 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 © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Firm Highlights

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

Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

On July 23, 2026, the Ohio Supreme Court issued a rare opinion on the binding effect of an appraisal award in a property insurance policy.  The Court in One Church held: A binding appraisal award will not be set aside unless an error is so palpably wrong that it undermines the intent of the agreement, such as corruption or gross mistake, not a mere error of judgment—To plead a claim of mistake with particularity as required by Civ.R. 9(B), facts alleged in a complaint must constitute the elements of mistake—Allegation that additional, hidden damage was discovered after appraisal award failed to state a claim of mistake that could justify setting aside binding appraisal.  The case arose out of a claim brought by One Church against its insurer, Brotherhood Mutual Insurance Company for roof damage from a storm. Pursuant to the terms of the insurance policy, the parties agreed to submit the matter to appraisal. The two appraisers inspected the building, and both appraisers agreed that the damages were $313,271.98. The insurer paid the agreed appraised amount.  Thereafter, the insured submitted a claim for an additional $206,663.09 in damages. The insured argued that these additional damages were not discovered until after the repairs began, and that they should be permitted to submit an additional claim, even though there had already been a binding appraisal of damages. The insurer refused to pay the additional damages, and the insured sued for breach of contract and bad faith.  In the trial court, the insurer moved to dismiss for failure to state a claim, arguing that the binding appraisal award barred any further claims. The insured took the position that additional hidden damages could not be discovered until after the repairs began, and therefore there was a mutual mistake. The trial court dismissed the case on the insurer’s motion, because there was no “evidence of fraud, misfeasance, or mistake”. The Court of Appeals agreed that appraisal awards are generally binding, but noted that an appraisal award can be set aside for fraud or manifest mistake. The Court of Appeals reversed and remanded the case to the trial court, finding that the insured had pled mistake with sufficient particularity. The insurer appealed to the Ohio Supreme Court. On appeal, the Ohio Supreme Court reversed the Court of Appeals, and reinstated the trial court decision dismissing the case for failure to state a claim upon which relief can be granted. The Supreme Court found that since the insured had already demanded appraisal, and the appraisal award was binding, “something more than error of judgement, such as corruption in the arbitrator, or gross mistake” must be pled with particularity, and proven for the insured to override the appraisal award. Since the complaint did not allege fraud or manifest mistake with sufficient particularity, something more than a mere error of judgment, the complaint was insufficient to state a claim.  The complaint in this case did not challenge the appraisal award. It pled that additional damages were discovered that were not apparent when the appraisal was done. It did not specify “who discovered the damages, how they were discovered, where they were found, why they were previously hidden, or why they rise to the level of a manifest mistake that the “appraiser would have corrected...had it been called to his attention”. Id at ¶22 citing Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970). Cases deciding the effect of appraisal awards are unusual. The Ohio Supreme Court’s decision in One Church relies primarily on 19th century case law for its conclusion. This emphasizes the fact that there is minimal case law deciding the effect of binding appraisal clauses in property insurance policies, and makes this case all the more significant. A lengthy dissent was written by Justice Fisher, who would have affirmed the Court of Appeals decision reversing and remanding the case for a decision on the merits. Of course, the decision works both ways, and an insurer dissatisfied with a binding appraisal award will likewise be without further recourse absent evidence of corruption, fraud, misfeasance, or manifest mistake, which must be pled with particularity. To constitute manifest mistake, “the mistake must be of such character that the arbitrator or appraiser would have corrected it had it been called to his attention.”  Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970).  The majority opinion does not specifically identify what would have been sufficient to plead mistake with particularity, or if the insured could have amended the complaint to overcome the deficiencies. The dissent argues that this was not really a case alleging mistake, but rather a question of contract interpretation. The insured did not challenge the appraisal, but argued that the hidden damage was not part of the appraisal, and the appraisal only covered the known damages.  However, this argument did not carry the day with the majority.