.

Dante C. Rohr

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DCRohr@mdwcg.com

Portrait of Dante C. Rohr

Dante concentrates his practice in complex litigation, with an emphasis on the defense of professionals, including lawyers, accountants, insurance brokers, real estate professionals and directors and officers in matters pertaining to malpractice, negligence and fraud. In addition, he has extensive experience defending architects and engineers, and construction defect matters. Dante also represents private companies as well as Housing Authorities in Florida in connection with employment, ADL, FHA, reasonable accommodation and discrimination claims made to state and federal agencies and courts. Dante additionally has extensive experience with insurance coverage and bad faith litigation, commercial litigation, and intellectual property matters. A trial attorney for over 20 years, Dante has litigated hundreds of cases in the state and federal courts of Florida, New Jersey and Pennsylvania, and has tried cases to verdict in all three states. 

Dante is registered to practice before the U.S. Patent and Trademark Office, and his practice includes Federal and state litigation involving patents, copyright, trademarks and trade secrets. He has represented many clients in intellectual property actions including claims for misappropriation of trade secrets and trademark infringement and has represented clients in Federal and State Courts and before the Trademark Trial and Appeals Board.

Dante also has significant admiralty and maritime law experience. As a member of the Maritime Litigation Practice Group, he has experience defending Jones Act claims, defending port facilities with regard to personal injury and property damage claims, maritime construction claims including pier and bulkhead collapses, cargo claims, vessel damage claims and limitation of liability actions.

Dante is admitted to the Bar in Florida, New Jersey, New York and Pennsylvania, the United States District Court for the Middle District of Florida, the District of New Jersey and Eastern District of Pennsylvania, as well as in the Court of Appeals for the Third and Sixth Circuits. Dante received his Bachelor of Science degree in Electrical Engineering from Drexel University and his juris doctor from Rutgers School of Law - Camden, New Jersey. Before joining the firm, Dante worked as an electrical design and control systems engineer in the manufacturing and machine design fields.

    • Rutgers Law School (J.D., 1998)
    • Drexel University (B.S., 1992)
    • New Jersey, 1998
    • Pennsylvania, 1998
    • U.S. District Court District of New Jersey, 1998
    • U.S. District Court Eastern District of Pennsylvania, 1999
    • U.S. Patent and Trademark Office, 2002
    • U.S. Court of Appeals 6th Circuit, 2005
    • U.S. Court of Appeals 3rd Circuit, 2006
    • New York, 2021
    • Florida, 2022
    • U.S. District Court Middle District of Florida, 2022
    • The Best Lawyers in America©, Commercial Litigation (2024-2026)
    • American Intellectual Property Law Association
    • Maritime Law Association
    • "The Need for Clarity in Counseling Customers," Legal Updates for Insurance Agents & Brokers, November 2018
    • Contributing Author, IP Claims Quarterly, 2017-present
    • Defense verdict after trial on the plaintiff’s statutory claims seeking recovery on an allegedly dishonored check issued by our client.
    • Defense verdict in legal malpractice action where the plaintiff alleged dissatisfaction with the settlement of an environmental and property lawsuit.
    • Obtained an involuntary dismissal at close of plaintiff's case in a trucking case arising out of the recovery of a wreck on the Pennsylvania Turnpike.
    • Successfully represented an insurance broker in a malpractice action arising out of Superstorm Sandy.  After a week of trial and the barring of testimony be plaintiff’s damages expert, the plaintiff accepted a settlement proposal on the client’s terms.
    • Successfully represented a solar energy contractor in a breach of contract suit involving the installation of solar panels on numerous public schools in the State of Hawaii. The matter was tried for over three weeks by a three person binding arbitration panel. After the conclusion of our case in chief, the plaintiff accepted a settlement upon our client’s terms.
    • Republic Franklin Ins. Co. v. Brethren Mut. Ins. Co., 824 Fed. Appx. 132 (3d Cir. 2020). The Third Circuit affirmed summary judgment in favor of our client on the scope of additional insured coverage for liability arising out of the use of the leased premises.  Applying Pennsylvania’s “but for” causation standard, the court held that the customer would not have slipped in the parking lot but for her patronage of the gas station and store, thus finding the incident fell within the coverage provided by the additional insured endorsement.
    • Shirey v. Turner, 2017 WL 1709811 (E.D.Pa. 2017).  District Court granted our motion to dismiss for improper service and lack of personal jurisdiction.  Our client lived and worked in Las Vegas and never visited Pennsylvania.  The Court noted that even though our client admitted receiving faxes and calls from the plaintiff, those communications alone were irrelevant for purposes of establishing jurisdiction.  With no other relevant contacts to the forum, the Court found no jurisdiction to exist.
    • Mattson v. Aetna Life Ins. Co., 653 Fed. Appx. 145 (3d Cir. 2016).  Affirming dismissal of the plaintiffs’ action under the NJ Civil Rights Act alleging communications from the insurer following submission of hospital bills arising from an auto accident were improper requests for payment. The Court held that the NJ Collateral Source Statute and Automobile Insurance Cost Reduction Act were not meant to benefit insureds, and neither were actionable under the CRA which only provided a cause of action for deprivations of certain rights protected by state law.
    • Morse v. Kaplan, 468 Fed. Apx. 171 (3d Cir. 2012).  An attorney-debt collector was sued in a purported class action, Fair Debt Collection Practices Act claim arising from debt collection letters sent on behalf of her client. The District Court granted our motion for summary judgment finding no violation of the FDCPA which was affirmed by the Third Circuit Court of Appeals.  Plaintiff had contended that the debt collection letters were false and misleading in violation of the FDCPA. The Third Circuit, applying the "least sophisticated consumer" standard to the debt collection letters sent out by the attorney on behalf of her client agreed with our position that the letters at issue were neither false nor misleading because they were written in the first person "I shall" throughout, it was clear that it is the attorney-debt collector who will assume the debt is valid if there is no response to the letter within 30 days, and the letter is not required to inform the debtor that the debt collector will provide the debtor with the name of the original creditor when, as was the case here, the creditor is the original creditor.
    • Boro Construction, Inc. v. Lenape Reg. High School Dist. Bd. of Edu. v. Digeronimo/Mikula Assoc., 445 Fed. Appx. 498 (3d Cir. 2011).  General contractor on project to construct a 400-meter running track for school district filed suit against the district alleging breach of contract. The school district filed a third party complaint against our client, the track designer, alleging that track failed to meet specifications. Specifically that it was not 400 meters. On appeal after trial in the district court, the Third Circuit affirmed judgment in favor of our client. The trial court found that the school district’s expert made a surveying error from which it concluded that the track did not meet specifications. As a result, the district had the track resurfaced and relined. The trial court rejected the district’s expert and credited DiGeronimo's testimony that the track as originally laid out and lined was 400 meters and met all contract specifications.
    • West v. American Honda Motor Co., 2008 WL 4104683 (D.N.J. 2008).  The district court granted our motion to dismiss on behalf of Honda for insufficiency of services of process and because the plaintiff failed to set forth a claim under the NJ Product Liability Act.
    • Maiale v. Procaccino, 2005 WL 3675330 (Pa.Com.Pl. 2005).  Affirming the trial court’s grant of summary judgment in favor of our client after baring plaintiff from presenting testimony of any expert witnesses.

Results

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Summary Judgment Obtained in Contractual Indemnity and Defense Case

We obtained summary judgment in favor of our client on the plaintiff’s general contractor’s contractual indemnity and defense claims. The general contractor claimed it was owed defense and indemnity under its subcontract with our client. In a prior proceeding, the court entered judgment in favor of the owner against the general contractor for breach of contract and breach of warranty but rejected the owner’s claims of negligence and violation of the Florida Building Code. The court agreed with our arguments that the general contractor was estopped from bringing its contractual defense and indemnity claims against the subcontractor because there was a prior judicial determination that neither the general contractor nor our client was negligent, and the general contractor’s liability was based on its breach of contract and warranties. The court further agreed that the general contractor could not show that the subcontractor was negligent, where it had taken the position that there was no negligence in the construction and it did not present any affirmative evidence to support a claim of negligence on the part of the subcontractor.   

Florida Court Affirms Arbitrator’s Decision in Construction Defect Case

We successfully upheld an arbitrator’s ruling in a $13 million construction defect case, defeating claims that our client negligently recommended windows and doors for a coastal Florida home. The owners’ direct claims against the general contractor and our client, the window and door supplier and installer, were arbitrated. The owners claimed the window company misrepresented the fitness of the windows and doors for use in Florida’s coastal environment. We argued that the windows and doors were specified by the owner and architect and that our client performed proper due diligence by visiting the manufacturing facility and consulting with the manufacturer’s engineers with regard to the application. The arbitrator found no liability as to our client because there was no evidence it was negligent in its recommendation of the product.

Thought Leadership

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Legal Updates for Lawyers' Professional Liability

Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE

July 1, 2024

Florida Court of Appeal Holds that Illinois Law Firm Subject to Jurisdiction of State of Florida in Connection with Legal Malpractice Lawsuit Brought by Personal Representatives of Deceased Father’s Florida Estate Neal Gerber & Eisenberg, LLP v. Lamb-Ferrara, --- So.3d --- (Fla. 3d DCA 2024) In 2008, Matthew Lamb and his wife retained the Illinois law firm of Neal Gerber to prepare their wills and estate plans. Mr. Lamb, a prominent artist owning considerable property and assets around the world, designated Florida as his domicile in his will and estate plans. He passed away in 2012, and his widow as executor of the will, retained Neal Gerber in connection with the Estate. On Neal Gerber’s advice, she retained Florida counsel to commence probate proceedings in Florida. Mrs. Lamb resigned as executor and personal representative and was replaced by her daughter, Sheila Lamb-Gabler, pursuant to the terms of the will. Neal Gerber continued its engagement after Ms. Lamb-Gabler became the Estate’s personal representative and did not formally terminate its engagement until 2019.  The Lambs’ two other daughters, as successor personal representatives of the estate, brought a malpractice suit against Neal Gerber alleging negligence in drafting the estate documents and handling the probate action. On appeal, the court upheld jurisdiction over Neal Gerber on the basis that Florida’s Long-Arm Statute may extend to non-resident defendants that perform estate services for an estate probated in Florida even where legal services may have been performed outside of Florida. The court rejected Neal Gerber’s arguments that its work was performed in Illinois; it never filed a notice of appearance or appeared as counsel of record in Florida; and had no office or presence in Florida when it admitted that is was retained by the Estate, which was probated in Florida, and drafted, reviewed and approved filings in the Florida probate action. The court further found that constitutional due process was satisfied based on the firm’s rendering estate planning services to Mr. Lamb with full awareness that he was domiciled in Florida and his will would be probated in Florida. Neal Gerber directed local counsel’s actions and prepared and filed the majority of filings in the Probate Action.  Accordingly, the Appellate Court held that Illinois counsel should have reasonably foreseen being hauled into court in Florida for issues arising from the activities it directed into Florida.    Legal Update for Lawyers’ Professional Liability – July 2024 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. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

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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.

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. 

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Portrait of Thomas Glassman. Text: Joining our Cincinnati Office as a Shareholder in the Casualty Department

News

Marshall Dennehey Adds Shareholder Thomas F. Glassman in Cincinnati, Expands Casualty Practice in Ohio and Kentucky

Thought Leadership

Perlmutter Provides Predictability for Punitive Damages Claims in Florida

In a much anticipated decision, the Florida Supreme Court provided clarity for the standards of proof for punitive damages claims in Perlmutter v. Federal Insurance Company, SC2024-0058 (Fla. June 11, 2026). Litigants and trial judges must be mindful of the standards laid out by the Court. And, defense practitioners must be prepared to alter their strategies to defend against such claims. Perlmutter came to the Court from the Fourth District, based on conflict jurisdiction with decisions from the Second and Fifth District and on certification of a question of great public importance as to the standard of proof for punitive damages claims at the pleading stage. Fed. Ins. Co. v. Perlmutter, 376 So. 3d 24, 29 (Fla. 4th DCA 2023). In the underlying case, the Fourth District made two conclusions. First, it held that a “trial court must consider the evidentiary showing by all parties at the hearing on the motion to amend, that is, evidence ‘in the record’ and evidence ‘proffered by the claimant.’”  376 So. 3d at 33. Second, the Fourth held that it “interpreted section 768.72(1) and (2) to require the trial court to make a preliminary determination of whether a reasonable jury, viewing the totality of proffered evidence in the light most favorable to the movant, could find by clear and convincing evidence that punitive damages are warranted.  Id. at 34 (underscoring in the original). In making these conclusions, the court cautioned trial courts that the “preliminary determination” analysis did not entitle the trial court to decide whether the evidence is clear and convincing and noted that the trial court should not weigh evidence and should not determine witness credibility. Id. The Florida Supreme Court accepted jurisdiction and answered the certified question in the negative. It quashed the decision below and remanded the case for application of the following standards: The trial court should consider only the evidence identified or proffered by the claimant; it should not entertain an evidentiary counter-submission from the opponent. The trial court should consider whether a reasonable person could conclude based on the claimant’s evidence, that the defendant committed “intentional misconduct” or “gross negligence” as defined in section 768.72(2) or section 768.72(3). The trial court must review the request for punitive damages in the context of the underlying claims. The trial court should not apply the clear and convincing standard of proof in reviewing the sufficiency of the evidence at the pleading stage. The trial court does not act as a fact-finder; the trial court must not weigh the claimant’s evidence—it cannot decide the truth of the matter. The trial court must consider the record evidence and the proffered evidence in the light most favorable to the plaintiff, but the allegations in the proposed amended complaint are not themselves evidence. Perlmutter, SC2024-0058 at 13-15 (emphasis added). In explaining these standards, the Court interpreted the text of the statute and compared it to a related statute which governs punitive damages in the nursing home context. The nursing home statute expressly calls for evidentiary submissions by “the parties” and expressly tells the trial court to determine whether there is a reasonable basis to believe the claimant could satisfy the “clear and convincing evidence” standard at trial. Id. at 17-18 (comparing the text of section 768.72(1), Florida Statutes, with section 400.0237, Florida Statutes). Without that express language in section 768.72, the statute could not be applied in the same manner. With these standards specially delineated for the trial courts, the Court is “confident that its interpretation of section 768.72(1) will not frustrate the effectiveness of the statute in accomplishing the Legislature’s textually evident purposes.” Id.  at 22 (cleaned up). This remains to be seen. While Perlmutter provides predictability and clarity for trial courts when reviewing the evidentiary submissions in support of a punitive damages claim, the decision will not likely impact the numbers of punitive damages motions filed. Rather, these new parameters will change the way claims are defended, reminiscent of a time when rulings on punitive damages were only subject to certiorari review and appellate courts were limited in reviewing procedural errors. This decision will likely deflate the level-playing field that Florida Rule of Appellate Procedure 9.130(a)(3)(G) addressed by allowing appeals of orders granting and denying punitive damages amendments. Further, Perlmutter may have impliedly created a call to action for the Legislature to amend section 768.72(1) in the same manner it amended section 400.0237 to allow the courts to analyze “admissible evidence submitted by the parties” and determine at a hearing whether there is a reasonable basis to believe the claimant at trial would be able to demonstrate by “clear and convincing evidence” that the recovery of punitive damages is warranted. Until then, defendants must adjust their strategies. To adapt to these new standards, defense practitioners will need to tailor their strategy for defending punitive damages claims since they can no longer submit a counter-proffer or urge a court to apply the clear and convincing standard at the pleading phase. Instead, defendants will need to attack the deficiencies in the claimant’s pleadings and proffer. If the trial court fails to serve as a gatekeeper, and does not apply the above standards, then defendants can pursue an interlocutory appeal under Rule 9.130(a)(3)(G). If a nonfinal appeal is taken, then defendants should move to stay any intrusive financial discovery while the appellate court analyzes the issues on appeal. Finally, defendants should utilize Florida Rule of Civil Procedure 1.510 to serve as a screening device to allow the trial court to analyze all evidence and prevent nonmeritorious punitive damages claims from proceeding to a jury.

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.

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

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. 

News

Veteran Trial Attorney Joseph M. Toddy Joins Marshall Dennehey’s Casualty Department in Philadelphia

Result

Unanimous Verdict Obtained in a Medical Malpractice Matter in Bergen County, New Jersey