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James D. Greco

Portrait of James D. Greco

Jim is a member of the Professional Liability Department where he focuses his practice in municipal liability, civil rights law, commercial litigation, homeowners' association litigation, as well as the defense of architects and engineers and various professionals in errors and omissions cases.

Throughout his career he has concentrated in civil litigation representing businesses in various commercial matters, premises liability and products liability matters. He also has experience advising clients with respect to employment issues as well as businesses’ engagements and interactions with independent contractors. Prior to joining Marshall Dennehey, he represented clients in various professional liability matters, including construction and legal malpractice.

Jim earned a Bachelor of Science degree from the College of Business Administration of Fordham University and graduated cum laude from the Western Michigan Thomas M. Cooley School of Law. After completing law school, he clerked for the Hon. Irvin J. Snyder in the Superior Court of New Jersey.

Jim is involved in the local legal community, previously serving as a Board Member of the Young Lawyers Division of the Lackawanna County Bar Association since 2015, most recently as President in 2021.  He is admitted to practice in Pennsylvania State Courts, as well as in the United States District Court for both the Middle and Eastern District of Pennsylvania.

    • Cooley Law School (J.D., cum laude, 2010)
    • Fordham University (B.A., 2007)
    • Pennsylvania, 2010
    • U.S. District Court Eastern District of Pennsylvania, 2011
    • U.S. District Court Middle District of Pennsylvania, 2014
    • Pennsylvania Super Lawyer Rising Star (2020)
    • Lackawanna County Bar Association

Thought Leadership

Legal Updates for Insurance Agents & Brokers

Misrepresentations of the Next Degree: Expanding Broker Liability After Penn Outdoor

May 7, 2026

Services v. Harleyville Insurance Co. There has been a noticeable increase in claims against insurance brokers over recent years, with plaintiffs beginning to frame coverage disputes as actions sounding in negligence and negligent misrepresentations. In this ever-shifting world, disputes regarding coverage have devolved into claims that brokers failed to secure, explain, or accurately advise as to coverage. Such claims, requiring no proof of intent, allow insureds facing scrutiny to look beyond the spoken word of brokers and into the text of standard transaction documents. Pennsylvania’s Superior Court’s decision in Penn Outdoor Servs., LLC v. Harleysville Ins. Co. of New Jersey, 323 A.3d 231 (Pa. Super. Ct. 2024), reargument denied (Sept. 6, 2024), highlights the evolution of the misrepresentation claims against brokers. There, Penn Outdoor Services, LLC subcontracted for snow removal services at an apartment complex it owned with Longford Landscape and Excavation. The contract between Penn and Longford included a hold harmless clause in favor of Penn with respect to the services to be provided by Longford, which specifically stated: Subcontractor agrees to indemnify and save and hold harmless Penn and Penn's clients/customers from and against all claims for damages arising out of the performance of Subcontractor's duties under this Agreement and agrees to, at Subcontractor's expense, defend any suit or action brought against Penn or Penn's clients/customers on account of such claim or damage. Consistent with the parties’ agreement, Longford’s insurance broker, Wharton, Lyon & Lyon provided Penn with a certificate of insurance, naming Penn as an additional insured under Wharton’s insurance policy with Harleysville Insurance Company. Specifically, the subject policy included an endorsement relating to Penn’s coverage as an additional insured, endorsement CG-7524, which provided, If specifically required by the written contract or agreement referenced in Paragraph A above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance available to the additional insured shall be non-contributory with this insurance. While the contract between Penn and Longford was in effect, a woman was injured in a slip and fall at the complex where Longford provided snow removal services. The woman filed suit and named Penn as a defendant. With the impression it was an additional insured under Longford policy, Penn sought a defense in the matter from Longford and Harleysville; a request that was denied because, as per Harleysville, the coverage provided under Penn’s policy was excess coverage, not primary. After settling the underlying action and incurring extensive legal fees in the course of the same, Penn filed an action against Harleysville and Wharton, including a claim for negligent misrepresentation against Wharton. After a jury verdict was rendered in favor of Penn, Wharton filed a motion for j.n.o.v. arguing that the evidence established that it made no negligent misrepresentation. The trial court disagreed, pointing out that the contract between Penn and Longford required Penn to be named as an additional insured, however, it did not specify that such coverage be primary as required by the applicable endorsement to the Harleysville policy. Wharton’s representative testified that she did not review the complete language of the endorsement in question, thus creating the negligent misrepresentation. By providing the COI naming Penn as an additional insured, Wharton represented that to be the status of insurance extended to Penn. The endorsement of the Harleysville policy provided that “if specially provided” by the contract between the parties, the coverage afforded would be primary, correlating with the text of the COI. The contract in question, however, did not specifically call for the coverage to be primary. Therefore, it was not. While reading like a choose your own adventure novel, Penn Outdoor highlights the need for attention to detail in the issuance of COI’s by brokers. In a world where a broker’s spoken word can get them into hot water, the case casts a light on a new potential pathway to broker liability. While the COI in the present matter contained the necessary buzz words, i.e. “additional insured,” that language alone could not carry the day. Penn Outdoor evidences how critical it is for brokers to choose their words wisely, but also carefully ensures the text of the COI, policy language, and other transaction documents provide the coverage reasonably expected by the insured. By making it ones practice to always reconcile the policy language with the COI, and any applicable contracts, brokers can avoid potential liability in an increasingly litigious world.

Defense Digest

Offensive, But Not Actionable: The Limits of Pennsylvania’s Real Estate Seller Disclosure Law

March 1, 2026

Key Points: Objectively-quantifiable flaw is needed in order to assert a claim for violation of the RESDL. Nazi floor design did not constitute a physical or structural problem with the property. Subjectivity cannot drive RESDL claims. As is well known among real estate agents and brokers, Pennsylvania’s Real Estate Seller Disclosure Law, 68 Pa.C.S. §§ 7301, et seq., places responsibility on sellers to disclose material defects with respect to their property during a real estate sale. Specifically, the RESDL states: Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the requirements of [§] 7304 (relating to disclosure form). A signed and dated copy of the property disclosure statement shall be delivered to the buyer in accordance with [§] 7305 (relating to delivery of disclosure form) prior to the signing of an agreement of transfer by the seller and buyer with respect to the property. 68 Pa.C.S. § 7303. Liability under the RESDL is extended to agents of the seller where they have actual knowledge of such defect. While plaintiffs have attempted to expand the reach of the RESDL to more subjective claims, courts throughout the Commonwealth have historically limited permissible claims. Claims are restricted to those regarding defects that substantively impact the value of the real estate, while still being capable of recognition and quantification by objective standards. The foregoing limitation was recently analyzed in Wentworth v. Steinmetz, 2025 WL 3157571 (Pa. Super. Nov. 12, 2025), which analyzed whether a symbol tiled into a floor of a home constituted a “material defect.” Wentworth involved a dispute between the buyers and seller of a residence in Beaver County, Pennsylvania. After closing, the buyers found the basement floor to be tiled with a swastika and what they believed to be a Nazi eagle. This area of the floor had been covered by a rug when they initially viewed the home, thus, the buyers were not aware of it until after the closing. The buyers claimed they could not be expected to live in a home with such condition and asserted that it would cost $30,000.00 to replace the floor, arguing that the seller was liable for compensatory and punitive damages for failing to disclose the condition. The trial court found for the seller, determining that the symbols did not constitute a material defect, which the buyers appealed. The Superior Court looked to Milliken v. Jacono, 103 A.3d 806 (Pa. 2014), as modified on reconsideration (Nov. 12, 2014) (Milliken II), where the Pennsylvania Supreme Court held that purely psychological stigmas are not material defects of property that sellers must disclose. Milliken II involved a claim for violation of the RESDL for the sellers’ failure to disclose a murder-suicide that took place in the residence. If such a duty was to be created, the Milliken II court opined, it should be imposed by the legislature. Applying the analysis set forth in Milliken II, the Superior Court reiterated that an objectively-quantifiable flaw is needed in order to assert a claim for violation of the RESDL, agreeing with the trial court’s position that the floor design did not constitute a physical or structural problem with the property. The court further reiterated that this objective standard is necessary in order to not only apply the law with consistency, but also to limit the burden placed on sellers. Since the floor in question was sound and functional, the presence of the symbols, no matter how abhorrent, did not constitute a material defect. While not involving real estate agents, Wentworth is instructive of how Pennsylvania’s courts analyze the wide variety of claims under the RESDL, and the fact that the court appears disinclined to permit subjectivity to drive such claims. Thus, sellers and agents alike can take solace in the fact that claims based on how a party feels about a feature or fixture of a property, without any physical or structural issue, does not pass muster when it comes to the RESDL. Certainly, this is helpful to real estate agents and brokers who are not only bound by the RESDL where they have actual knowledge of an alleged defect, but also owe a duty to their clients to represent them in a professional manner during the sale of the real estate, including advising sellers as to the information that needs to be disclosed. Indeed, the RESDL does encompass a broad set of areas with respect to the necessary disclosures. However, the courts’ analyses in Milliken II and, more recently, Wentworth, limit the subjective nature of such claims, placing the onus on the legislature if there is to be any expansion with respect to the same. James works in our Scranton, PA office. He can be reached at (570) 496-4662 or JDGreco@mdwcg.com.

Firm Highlights

Thought Leadership

The Search-Incident-to-Arrest Doctrine Does Not License Strip Searches

In Beatty v. Gardner, No. 25-2860 (3d Cir. Sept. 16, 2026), Kyle Beatty sued police officers Clinton Gardner and Calvin Irvin under 42 U.S.C. § 1983 after they stopped, arrested, and searched him three times during a drug investigation in Williamsport, Pennsylvania. The officers initially smelled marijuana coming from the car in which Beatty was sitting and observed marijuana residue, giving them probable cause to arrest him. Beatty consented to the first pat-down, and the second search was conducted incident to his lawful arrest; neither search uncovered weapons or contraband. The officers then transported Beatty to the police station solely to strip-search him, but the strip search also revealed nothing. The District Court granted the officers summary judgment, concluding that the initial stop, arrest, and first two searches were reasonable and that qualified immunity protected the officers from liability for the strip search. The Third Circuit affirmed, but held that the strip search itself violated the Fourth Amendment. The court concluded that the search-incident-to-arrest doctrine does not automatically permit officers to strip-search an arrestee outside the jail or prison setting. Because strip searches are highly intrusive and the traditional justifications for searches incident to arrest (officer safety and preservation of evidence) did not justify the search of Beatty, the officers generally needed either the arrestee’s consent, exigent circumstances, or a warrant supported by probable cause to believe that a search beneath the clothing would reveal weapons, contraband, or evidence. Here, the officers had none of those justifications. Nevertheless, the court held that qualified immunity barred damages liability because, at the time of the search, the right against a warrantless strip search of an arrestee outside the institutional setting was not clearly established by Supreme Court or Third Circuit precedent. The court likewise upheld qualified immunity on Beatty’s First Amendment retaliation claim and affirmed summary judgment for the officers.

Thought Leadership

Pennsylvania Supreme Court to Review Whether Legal Malpractice Claims May Be Recast as Breach of Contract Claims

The Pennsylvania Supreme Court recently granted allowance of appeal to consider whether a plaintiff may pursue a breach of contract claim against an attorney based on allegations that the attorney failed to provide competent legal services. The issue is significant in professional liability litigation because it concerns whether a plaintiff may avoid the statute of limitations applicable to professional negligence claims by characterizing the alleged misconduct as a breach of contract. Antoine Poteat retained attorneys Gary Asteak and Nino V. Tinari to represent him in a criminal matter. After his conviction was subsequently overturned through a Post Conviction Relief Act proceeding, Poteat filed suit against his former attorneys alleging that they breached their retainer agreements by failing to provide competent legal services. The attorneys argued that the claims sounded in professional negligence, rather than breach of contract, and were therefore time-barred. The trial court dismissed Poteat’s complaint, but the Superior Court, sitting en banc, reversed. The Superior Court held that the gist-of-the-action doctrine did not bar Poteat’s breach of contract claim because the alleged failure to provide competent legal services could constitute a breach of the parties’ agreement. The Court further held that a legal-services agreement contains an implied duty requiring an attorney to provide competent legal services, even where the agreement does not contain an express provision requiring such services. The Pennsylvania Supreme Court granted review in July 2026 and will consider whether the Superior Court’s decision conflicts with Pennsylvania precedent distinguishing contract and tort claims, including Bruno v. Erie Insurance Co. The Supreme Court will also address whether a plaintiff may maintain a breach of contract claim based on an implied duty to provide competent legal services without identifying a specific contractual provision that was breached. The Supreme Court’s decision could have significant implications for professional liability litigation in Pennsylvania, particularly where plaintiffs seek to characterize claims arising from alleged professional negligence as contractual claims.

Thought Leadership

Two Tracks, No Preclusion: Ohio Supreme Court Preserves Separate Damages Claims After Chapter 2506 Appeals

The Supreme Court of Ohio has clarified that an administrative appeal under Ohio Revised Code Chapter 2506 does not bar a separate action for damages and declaratory relief that could not have been pursued in the administrative appeal. The Ohio Supreme Court considered Sheetz, Inc. v. Centerville (2026-Ohio-3531) as a result of a certified question from the Southern District of Ohio. The question was whether Sheetz, the gas station/convenience store brand, was barred from seeking damages in a separate action since damages were not sought in their administrative appeal. Ultimately, the Ohio Supreme Court ruled that res judicata does not bar a separate action for damages after ruling on an administrative appeal because R.C. Chapter 2506 is limited to judicial review and cannot grant affirmative relief. The case arose after Centerville’s city council rejected a site plan proposed by Sheetz, Inc. that had received unanimous approval from the City’s planning commission. Sheetz filed an administrative appeal pursuant to R.C. 2506 in the Montgomery County Court of Common Pleas, and two months later filed a complaint for damages and declaratory relief under 42 USC § 1983 as a takings action with the city, city council, and other objectors as improper takings and a violation of due process, as well as interference with business and contractual relationship. The city and city council removed the § 1983 action for damages to federal court. Montgomery County Court of Common Pleas reversed the city council’s denial, and allowed the Sheetz project to move forward. Upon that ruling, the federal court issued a show-cause order questioning whether the § 1983 action was barred by the doctrine of res judicata via claim preclusion (which includes all theories of recovery).  Sheetz argued that Ohio courts of common pleas do not have authority to award damages or declaratory relief as party of the R.C. Ch. 2506 appeal, therefore res judicata could not be triggered to apply to the § 1983 action. Additionally, Sheetz moved to certify the issue to the Ohio Supreme Court, citing differing results between the second and sixth districts on this same issue. Centerville approached the question, not from a claim preclusion standpoint, but from the holding in Grava v. Parkman, Twp which states that a final judgment rendered on the merits bars all subsequent action based on the same transaction or occurrence.  In yet another approach, an objector argued that claim preclusion was satisfied because Sheetz could have raised its damages claims in the administrative appeal – Sheetz disagrees. In their analysis, the Supreme Court of Ohio broke down the elements of a claim preclusion analysis: 1) a prior final, valid decision on the merits by a court of competent jurisdiction; (2) a second action involving the same parties, or their privies, as the first; (3) a second action raising claims that were or could have been litigated in the first action; and (4) a second action arising out of the transaction or occurrence that was the subject matter of the previous action. The Court held that R.C. Ch. 2506 does not permit a party to argue damages as R.C. Ch. 2506 limits the common pleas jurisdiction as if it were sitting on appeal, and therefore can only affirm, reverse, vacate, or modify the appealed order, or can remand the case to the administrative body. Further, the Court held that Grava’s conclusion that a final judgment precludes additional litigation for different relief is inapplicable under this fact pattern because it was meant only to apply to those matters in which the plaintiff brings the exact same case twice, but for new relief. The Court found Grava was inapplicable because Sheetz could have requested damages or declaratory relief in the R.C. 2506 appeal. Therefore, Grava would be nothing more than dicta if it even did apply. Going further, the Ohio Supreme Court disavowed Sixth Circuit precedent which, in reliance on Grava and other district court decisions, permitted an owner to seeking relief under 42 U.S.C. § 1983 alongside an administrative appeal. See Moore v Hiram Twp., 988 F.3d 353 (6th Cir.2021). The Ohio Supreme Court found that the Sixth Circuit had disregarded a critical decision in Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 1993-Ohio-115, which clearly held that a R.C. Ch. 2506 appeal cannot be combined with a complaint seeking other claims for relief. Id. at ¶ 11. To that end, the Ohio Supreme Court has determined that the decisions Moore relied on (outside of Grava) are no longer good law, and that Moore was wrongly decided. The decision draws a clear procedural boundary: Chapter 2506 provides judicial review of an administrative decision, not a forum for independent claims seeking affirmative relief. Although Grava may place claims arising from a single transaction within the potential scope of claim preclusion, those claims are not barred unless the complete claim-preclusion test is satisfied. Because Sheetz could not have pursued damages or declaratory relief in its Chapter 2506 appeal, the separate action was not precluded. The remaining question for practitioners looking to apply or defend against this exception is when does the statute of limitations begin to run on damages and declaratory relief claims related to an administrative decision on appeal? A takings action in federal court has a 2-year statute of limitations, or as a state claim, 4 years (like the other tortious claims raised therein). Correlating this case with others, an administrative appeal will not likely toll the statute of limitations on claims based on a final decision by a municipal authority. Therefore, practitioners should look for these cases to be brought simultaneously.