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Kevin M. McGoldrick

Portrait of Kevin M. McGoldrick

Kevin is a shareholder with the firm's Casualty Department where he practices in the areas of premises liability, motor vehicle liability, UM/UIM litigation and medical provider fraud and special investigation as well as Personal Injury Protection (PIP) litigation. He has extensive experience in motor vehicle liability and auto negligence, premises liability litigation, as well as handling PIP litigation for several carriers.  He has successfully handled hundreds of cases ranging from motor vehicle accidents, UM/UIM litigation, PIP litigation and slip and fall liability.  His practice in the area of fraud investigation consists of assessing and analyzing fraud by both medical providers and falsified claims brought by his client's insureds.  He has handled countless auto negligence claims including M.I.S.T. cases involving minor impact soft tissue damage claims.  He has represented a broad range of individual carriers in a wide range of law suits, including some high exposure dealing with commercial carriers. 

In the course of his career, Kevin has taken several matters to trial, including many jury trials for both auto negligence and UM/UIM litigation.  He is also skilled in alternative dispute resolution forums including mediation and arbitration. 

After receiving his Bachelor of Science degree from Pennsylvania State University in Administration of Justice in 1994 where he was Deans List 1993-1994, Kevin completed an internship with the Abington Police Department where he was involved in multiple investigations and worked with detectives in questioning witnesses, obtaining evidence and providing information to prosecutors for criminal trials.  Kevin received his juris doctor from Widener University in Wilmington, Delaware, while attending the extended/night division program and maintaining a full -time position as a paralegal/law clerk for a plaintiff's personal injury firm.  Kevin participated and was a member of the Widener Law rugby team where he played for the four years he attended law school.  He received the Certificate of Achievement Award in Pre-Trial Methods for excellence in legal writing. 

Kevin is frequently asked by clients and industry organizations to lecture on a variety of topics concerning auto negligence law, UM/UIM litigation and PIP litigation.  He has lectured for various organizations including the South Jersey Claims Association, Camden County Bar Association and  New Jersey Special Investigators Association (NJSIA).

Kevin is an active member of the Swedesboro Woolwich Little League (SWLL) and volunteers his time coaching his children in softball, baseball and flag football. 

    • Widener University Delaware Law School (J.D., 2001)
    • The American Institute for Paralegal Studies (Paralegal Certificate, 1996)
    • The Pennsylvania State University (B.S., 1994)
    • New Jersey, 2001
    • U.S. District Court District of New Jersey, 2001
    • Pennsylvania, 2023
    • American Bar Association
    • Camden County Bar Association
    • New Jersey Special Investigators Association (NJSIA)
    • South Jersey Claims Association
    • Widener University School of Law Alumni Association
    • The Pennsylvania State University Alumni Association
    • Metrics Driven SIU UMBI, New Jersey Special Investigators Association (NJSIA), Atlantic City, NJ, July 2015
    • “New Jersey Appellate Division Rejects Contention that Ongoing Storm Rule Does Not Apply to Privately Owned Commercial Property,” Defense Digest, Vol. 29, No. 3, September 2023
    • “The Impact of the DiFiore Case on Defense Medical Exams,” Defense Digest, Vol. 28, No. 12, December 2022
    • "Superior Court or Forthright? That is the Question," New Jersey Law Journal, Automobile Law Supplement, January 27, 2016
    • "A Comparative Analysis Is Not Required Under AICRA Unless Aggravation Of Pre-Existing Injuries Is Pled As A Cause Of Action," Defense Digest, June 2007
    • Plaintiff tripped and fell on raised sidewalk in front of defendant’s private residence. Plaintiff suffered significant injuries including a displaced fracture of the shoulder and humeral head fracture requiring a complete shoulder reverse arthroplasty. Plaintiff’s demand was $750,000.  Defendants assert that it is undisputed that Defendants did NOT perform any work, maintenance or construction to the sidewalk prior to Plaintiff's alleged fall in May 2020, thereby, creating or exacerbating, a condition on the sidewalk which would have contributed to or caused the plaintiff's fall. The general rule is that a residential property owner owes no duty to keep a sidewalk abutting his property in repair. Norris v. Borough of Leonia, 160 N.J. 427, 431 (1999). While the Court has created an exception to the rule of non-liability in the case of an abutting commercial property owner as in Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981), it has consistently declined to extend that liability rule to abutting residential and non-profit owners. Additionally, New Jersey Courts have recognized that "[r]esidential homeowners can safely rely on the fact that they will not be liable unless they create or exacerbate a dangerous sidewalk condition…." Luchejko v. City of Hoboken, 207 N.J. 191, 210 (2011). The judge found that there are no genuine issues of material fact to support a theory of liability on behalf of Defendants and granted our motion for summary judgement. 
    • Secured stipulation of dismissal with prejudice in federal court for personal injuries alleged by plaintiff in an automobile accident. The  plaintiff was alleging to have sustained significant, permanent injuries as a result of a minor impact accident that occurred in a bank parking lot.  Filed a motion to dismiss after the plaintiff failed to cooperate and appear for multiple defense medical exams.  The magistrate agreed and dismissed the plaintiff's complaint with prejudice.
    • Successfully tried to verdict an automobile accident claim where plaintiff was seeking $125,000 originally when Complaint was filed.  Non-binding arbitration awarded plaintiff $45,000.  Minimal offer was extended and rejected by plaintiff.  Jury found for the defense confirming plaintiff did not pierce the verbal threshold pursuant to N.J.S.A. 39:6A-8 et seq.
    • Secured dismissal of two plaintiffs claims for personal injuries as a result of a slip and fall in a parking lot of the insured's business.  Plaintiffs were seeking $100,000 each for their alleged injuries.  Kevin filed a Motion for Summary Judgment arguing the "Snow in Progress Doctrine" and the Superior Court agreed that the insured did not have an obligation or duty to perform snow removal services during a significant snow storm. 
    • Secured dismissal of plaintiff's claim for personal injuries in a slip and fall in front of the insured's business.  Plaintiff suffered significant injuries including a dislocated and fractured wrist and head contusion.  Plaintiff was seeking $250,000 in damages.  Kevin filed a Motion for Summary Judgment arguing plaintiff could not establish any negligence on the insured through the proofs submitted into evidence.  Plaintiff was rendered intoxicated in the hospital records, knew of the existence of the alleged "hazard" beforehand and was the only eye witness to the fall.  The Superior Court agreed that the evidence did not support plaintiff's allegations and there were no issues of fact that a jury could conclude the insured was responsible for plaintiff's injuries. 
    • Secured voluntary dismissal from plaintiff for a PIP suit filed by plaintiff with her bodily injury claims.  Kevin was able to establish plaintiff had no standing to bring the suit against the carrier as the medical providers had taken an Assignment of Benefits from the plaintiff and pursued their claims for reimbursement in the Forthright Forum. 
    • Successfully resolved a claim for personal injuries in a trip and fall suffered at the insured's roller skating rink.  The plaintiff tripped over a coin left on the skating rink floor used in the arcade machines at the insured's business.  Plaintiff suffered a bimalleolar fracture to his ankle requiring surgery including plate and screws.  Plaintiff made a demand for $250,000 and the case resolved for $31,500 which included a health care lien and wage claim.  We were able to establish that the insured had no actual or constructive notice of the coin being on the floor and had adequate security and personnel on the floor at the time of plaintiff's floor. 
    • Obtained a defense verdict in Monmouth County on behalf of a trucking company and their driver in a serious motor vehicle accident.  The jury found no liability on Kevin’s client and thereafter, found plaintiff did not pierce the Verbal Threshold, pursuant to N.J.S.A. 39:6A-8, as to the co-defendant.
    • Obtained Summary Judgment on multiple PIP suits filed against the client/carrier based on the policy limits being exhausted pursuant to N.J.S.A. 39:6A-4.3. 

Results

Homeowner Not Liable for Sidewalk Fall in Front of Residence

We obtained a summary judgment on behalf of our client in a trip and fall matter where the plaintiff tripped and fell on a raised sidewalk in front of the defendant’s private residence. The plaintiff suffered significant injuries, including a displaced fracture of the shoulder and humeral head fracture, requiring a complete shoulder reverse arthroplasty. The plaintiff’s demand was $750,000. The defendants asserted that it is undisputed they did NOT perform any work, maintenance or construction to the sidewalk prior to the plaintiff's alleged fall in May 2020, thereby, creating or exacerbating a condition on the sidewalk which would have contributed to or caused the plaintiff's fall. The general rule is that a residential property owner owes no duty to keep a sidewalk abutting his property in repair. Norris v. Borough of Leonia, 160 N.J. 427, 431 (1999). While the court has created an exception to the rule of non-liability in the case of an abutting commercial property owner, as in Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981), it has consistently declined to extend that liability rule to abutting residential and nonprofit owners. Additionally, New Jersey Courts have recognized that "[r]esidential homeowners can safely rely on the fact that they will not be liable unless they create or exacerbate a dangerous sidewalk condition…." Luchejko v. City of Hoboken, 207 N.J. 191, 210 (2011). The judge found that there were no genuine issues of material fact to support a theory of liability on behalf of the defendants and granted our motion for summary judgment.

Thought Leadership

Defense Digest

New Jersey Appellate Division Rejects Contention that Ongoing Storm Rule Does Not Apply to Privately Owned Commercial Property

September 1, 2023

Key Points: The Appellate Division rejects contention that the “ongoing storm rule” does not apply to privately owned commercial property. Appellate court confirms that the holding in Pareja v. Princeton International Properties was not that the ongoing storm rule should apply only to public property. Appellate Division affirmed that commercial property owners, whether privately owned or publicly owned, “do not have a duty to remove the accumulation of snow and ice until the conclusion of the storm.”  In adopting this rule, the court relieved commercial landowners of the duty to continuously clear snow and ice from their properties throughout the duration of an inclement winter weather event.  In Smith v. Costco Wholesale, 2023 WL4307729 (N.J. Super. App. Div. July 3, 2023), the New Jersey Appellate Division upheld the ruling of the trial court that had granted summary judgment to the defendant, Costco, holding that the plaintiff could not establish the defendants owed her a duty of care under the ongoing storm rule adopted by the Supreme Court in Pareja v. Princeton International Properties, 252 A.3d 184 (N.J. 2021). The court held the plaintiff’s argument that the ongoing storm rule does not apply to privately owned commercial property lacked merit and that no exception to the ongoing storm rule applied. On March 7, 2018, Smith slipped and fell on snow and ice on the sidewalk in front of a Costco in North Plainfield, New Jersey, while exiting the store. On the day of the incident, the Governor of New Jersey had declared a state of emergency for all of the state due to inclement weather from a major snowstorm. Between 1:30 a.m. and 12:00 p.m., approximately one-half inch of snow fell. After 12:00 p.m., as the temperature settled at freezing, snowfall became heavy, accumulating at a rate of one-to-two inches per hour. By 5:30 p.m., the rate of precipitation started to lessen, ceasing entirely at approximately 8:30 p.m. A total of approximately eight inches of snow accumulated throughout the duration of the storm.  During the storm, Smith drove to Costco, parked, and went inside to shop. The storefront was not far from where she parked her vehicle. Her receipt demonstrated she left the store at 2:13 p.m. Carrying only her purse, Smith left the store to get her car, intending to drive it back to the entranceway in order to load the items she bought into her vehicle. She stated she was told by one of the store employees to leave her cart in the exitway of the store. As Smith walked to her vehicle, and before she entered the parking lot, she slipped backwards and fell in the area between the entrance doors and the red bollards, injuring herself. Smith stated there were several inches of snow on the ground when she fell.  Before the trial court, Smith argued that Pareja only applies to public property. The per curiam Appellate Division opinion, issued by Judges Richard J. Geiger and Maritza Berdote Byrne, agreed with Judge Lynott that the question of whether a sidewalk is public or private is immaterial to the Supreme Court’s holding in Pareja.  The Appellate Division stated, “[t]he New Jersey Supreme Court adopted the ongoing storm doctrine in Pareja, holding that ‘commercial landowners do not have a duty to remove the accumulation of snow and ice until the conclusion of the storm.’” In adopting this rule, the court relieved commercial landowners of the duty to continuously clear snow and ice from their properties throughout the duration of an inclement winter weather event.  The court opined that “[p]laintiff seems to derive the support for her argument from a single sentence in Pareja: ‘For the first time, this court considers the adoption of the ongoing storm rule, under which a landowner does not have a duty to remove snow or ice from public walkways until a reasonable time after the cessation of precipitation.’” “It is axiomatic ‘public walkways’ are not synonymous with public property.” Later in the Pareja opinion, the court held that “under the ongoing storm rule, commercial landowners do not have a duty to remove the accumulation of snow and ice until the conclusion of the storm.” “The first statement is merely a recitation of the issue,” the court held. “There is no indication anywhere in the opinion that the court intended to apply the ongoing storm rule only to public property, nor does logic or case law support such a conclusion.” The trial court also found no exception to Pareja was applicable, ruling that no evidence existed to prove that the defendants “exacerbated the risk of harm to the plaintiff,” other than the risk presented by the snowstorm itself, or that “a pre -existing condition, such as uncleared remnants of prior snow events, caused or contributed in any way to the [p]laintiff’s accident.” The Appellate Court noted that it was undisputed by the parties that Smith’s slip and fall occurred during the snowstorm. In fact, the storm did not end until many hours after she fell. Thus, the ongoing storm rule applied, relieving the defendants of any duty of care they may have owed the plaintiff. Smith argued the ongoing storm rule did not apply because her injury occurred on private property owned by the Costco defendants. In Smith’s view, Pareja was meant to apply only to incidents occurring on public property, not private property. The appellate court found this argument without merit, holding that, “[b]ased upon a plain reading of Pareja, there is no indication the Supreme Court’s ruling was limited in this manner.” Smith’s attorney has said that he intends to file for certification with the New Jersey Supreme Court. For now, the law for commercial property owners, whether privately owned or publicly owned, is that “commercial landowners do not have a duty to remove the accumulation of snow and ice until the conclusion of the storm.” In adopting this rule, the court relieved commercial landowners of the duty to continuously clear snow and ice from their properties throughout the duration of an inclement winter weather event. If the Supreme Court grants the plaintiff’s request for certification, then there is a possibility the court may adopt a new standard. Until then, commercial landowners can and will continue to rely upon the “ongoing storm doctrine” as a safe haven to protect them from liability exposure during an inclement weather event.  *Kevin is a shareholder in our Mount Laurel, New Jersey, office. He can be reached at 856.414.6406 or kmmcgoldrick@mdwcg.com.     Defense Digest, Vol. 29, No. 3, September 2023, 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. © 2023 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.

Defense Digest

The Impact of the DiFiore Case on Defense Medical Exams

December 1, 2022

Key Points: New Jersey Appellate Division holds plaintiffs bear the burden of justifying the presence of third parties or recording devices at defense medical exams. New Jersey Appellate Division issues guidelines for third-party recording in defense medical exams. New Jersey Appellate Division updates guidelines for defense medical exams. New Jersey Appellate Division rules that plaintiffs require court permission to record or have a third party observe independent medical exams. New Jersey Rule 4:19 permits an adverse party to require the party whose physical or mental condition is in controversy to submit to a physical or mental examination by an expert. Defense medical exams (DMEs) and the reports generated following the exam are often at the crux of developing a defensive strategy. Aside from the notice and scheduling requirements, the rule offers little in terms of the manner in which the exam is to be conducted. On May 3, 2022, the New Jersey Appellate Division decided the matter of DiFiore v. Pezic, 275 A.3d 58 (N.J. App. Div. May 3, 2022). The court revisited whether injured plaintiffs are allowed to bring a third party or a recording device to a DME. Prior to DiFiore, the Appellate Division had not addressed this issue since deciding B.D. v. Carley, 704 A.2d 979 (N.J. Super. App. Div. 1998), 24 years ago. In DiFiore, the Appellate Division reexamined this issue in three unrelated personal injury cases: DiFiore v. Pezic, Remache-Robalino v. Boulos, and DeLeon v. The Achilles Foot and Ankle Group. In all three cases, the plaintiffs had cognitive limitations, psychological impairments or language barriers, and plaintiffs’ counsel, over defense objections, requested that their clients be accompanied by a third party and/or be permitted to record the DME by audio or visual means. In all three cases, the trial courts issued different rulings on how the DME should proceed. In DiFiore, the trial court precluded the plaintiff from bringing a third party or recording the DME by video, but allowed her to make an audio recording of the DME. In Remache-Robalino, the trial court denied the plaintiff’s request to record the DME by audio means. Lastly, in DeLeon, the trial court denied the plaintiff’s request to have a third party at the DME and issued an order requiring the plaintiff’s DME to proceed unmonitored and unrecorded. All three decisions were appealed and consolidated by the Appellate Division. Upon review, and with participation of the New Jersey Association for Justice, New Jersey Defense Association, and Office of Attorney General, the DiFiore court held: A disagreement over whether to permit third-party observation or recording of a DME shall be evaluated by the trial judge on a case-by-case basis with no absolute prohibitions or entitlements; Despite the contrary language in B.D. v. Carley, it shall be the plaintiff’s burden henceforth to justify to the court that third-party presence or recording, or both, are appropriate in a particular case; Given the advances in technology since 1998, the range of options should include video recording, using a fixed camera that captures the actions and words of both the examiner and the plaintiff; To the extend that examiners hired by the defense are concerned that a third-party observer or a recording might reveal alleged proprietary information about the content and sequence of the exam, the parties shall cooperate to enter into a protective order, so that such information is solely used for the purposes of the case and not otherwise divulged; If the court permits a third-party to attend the DME, it shall impose reasonable conditions to prevent the observer from interacting with the plaintiff or otherwise interfering with the exam; and If a foreign or sign language interpreter is needed for the exam, the examiner shall utilize a neutral interpreter agreed upon by the parties, or, if such agreement is not attained, an interpreter selected by the court. What we can take from DiFiore is that it now overturns the previous parameters set forth in B.D. v. Carley. Since 1998, Carley has long held that plaintiffs were entitled to have the DMEs recorded by an unobtrusive recording device. DiFiore notes what has often been questioned by Carly, that it offers little guidance as to the exams themselves, the manner in which they are to be conducted and what potentially could lead to conflicting trial court interpretation. The question becomes, does DiFiore provide more clarity than what has been in place for 24 years or does it leave more questions to be answered? Although it does not completely prohibit third-party observation or the recording of an examination, it does place the burden upon the plaintiff to justify the condition being sought in the event of a dispute between parties, and, thereafter, the court is to decide whether to permit the observation or recording on a case-by-case basis. By placing the burden on plaintiffs to establish special conditions that warrant the presence of third parties and recording devices, the court’s decision makes clear that the use of such measures is the exception rather than the rule. We expect that the presence of third parties and recording devices at DMEs will be limited to circumstances where the plaintiff is very young or very old, or where he or she has significant cognitive impairments, psychological problems, or language barriers that warrant the use of such measures. DiFiore comes more than two decades after Carley and reflects how litigation has changed since. The New Jersey Supreme Court has granted leave to appeal, and only time will tell if DiFiore becomes the new norm, or if the Supreme Court will fill in the gaps that the case leaves behind.

Firm Highlights

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants

Thought Leadership

On the Pulse… Profile of the Intellectual Property, Technology & Media Litigation Practice Group

The Intellectual Property, Technology & Media Practice provides comprehensive, end-to-end litigation and counseling services to national and global insurance carriers. We are committed to delivering a disciplined, cost-effective, and creative defense tailored to each client's needs. Our attorneys combine deep litigation experience with technical and scientific backgrounds, enabling us to understand our clients' technologies and effectively communicate complex concepts to adversaries, judges, and juries. We also assist clients with risk management, pre-suit dispute resolution strategies, and, when necessary, the litigation of claims and complaints in courts across all 50 states through trial. In addition, we work closely with our eDiscovery team to address complex issues involving electronically stored information, including data preservation, electronic discovery, computer imaging, and allegations of spoliation. These issues are often critical to the intellectual property and technology matters we handle every day, and our integrated approach helps clients navigate them efficiently and effectively. Our attorneys represent clients in patent infringement, copyright, trademark, and trade secret disputes in the state and federal courts in jurisdictions throughout the United States. Many of our clients also face highly technical professional liability claims involving computer systems, software, cybersecurity, data management, and other technology-related services. We take a proactive approach to managing risk and controlling exposure, working with clients and their insurers to develop effective pre-suit strategies and avoid litigation whenever possible through mediation, settlement conferences, and other alternative dispute resolution methods. When litigation cannot be avoided, we remain steadfast in serving our clients' legal and business objectives, recognizing the significant costs and operational burdens that complex litigation can impose. We work closely with insurance carriers to help protect our clients' brands, intellectual property, and business interests while delivering a thorough and cost-effective defense. We additionally maintain a strong Media Practice. Our attorneys have extensive experience handling First Amendment and media-related disputes, including claims involving defamation, libel, privacy rights, injunctions, gag orders, and prior restraints on speech. Clients benefit from our practical litigation strategies and thoughtful approach to managing matters that often attract significant public attention and scrutiny. With 19 offices throughout Pennsylvania, New Jersey, New York, Delaware, Florida, Ohio, and Connecticut, we maintain a strong presence across the East Coast. We serve as national counsel for insurance carriers and have handled matters throughout the United States, from Hawaii to Washington, and virtually every jurisdiction in between. Our national reputation ensures that our clients receive not just the best skilled legal representation but also practical business-minded guidance in determining the proper legal response to all claims and lawsuits. David chairs both the Privacy and Data Security Practice and the Intellectual Property, Technology and Media Litigation Practice. He may be reached at djshannon@mdwcg.com.

Thought Leadership

On the Pulse…Recent Appellate Victories

Kimberly Berman (Fort Lauderdale) and Sontho SaintGermain (Orlando) succeeded in obtaining an affirmance by the Second District Court of Appeal of a final judgment in a slip-and-fall premises liability matter on behalf of a business establishment and property owner. The plaintiff was a business invitee who sued the property owner for negligence after she fell while riding her electric bicycle through its landscaped parking lot. During discovery, the plaintiff claimed the fall occurred while she was traversing through a section “covered heavily in leaves” though she could not identify how she fell nor whether there were any objects or foreign substances causing her fall. The property owner moved for summary judgment, asserting the accumulation of leaves on the parking lot was an open and obvious, naturally occurring condition that could not constitute a dangerous condition to impose liability on a property owner. The court granted summary judgment in the property owner’s favor. After oral argument, the Second District Court affirmed per curiam the final judgment in the property owner’s favor. Carrie Collier v. Cars MTI-4 L.P. d/b/a Lazydays RV Resort, No. 2D2025-1980 (Fla. 2d DCA May 13, 2026). Kimberly House (Philadelphia) succeeded in obtaining a victory in the Superior Court of Pennsylvania that reversed the trial court’s decision and remanded the case for reinstatement of the jury verdict which was originally won by Gary Samms (King of Prussia/Philadelphia). (The underlying medical malpractice case involved claims seeking more than $5 million in damages for serious eye injuries including a detached retina and macular hole.) At trial, the jury returned a defense verdict finding that the defendant’s negligence was not a cause of the plaintiff’s injuries. The trial judge granted the plaintiff’s post-trial motions and ordered a new trial solely on the issue of damages. The Superior Court found that the trial court abused its discretion in finding that causation was not disputed and that the jury’s finding of no causation was against the weight of the evidence. Busanic v. Premier Orthopaedic & Sports Medicine Physical Therapy, 2026 Pa. Super. Unpub. LEXIS 1140 (Pa. Super. Apr. 28, 2026). Suzanne Tighe (Scranton/Philadelphia), Allison Krupp (Harrisburg)  and Christopher Woodward (Harrisburg) succeeded in obtaining an affirmance by the Superior Court of Pennsylvania of a non-jury trial decision in favor of an insurance company. Plaintiffs asserted claims under the Pennsylvania Bad Faith Statute, 42 Pa.C.S. § 8371, following a statutory arbitration award in excess of the available underinsured motorist (UIM) coverage. The trial court held the plaintiffs failed to prove bad faith in the handling of the UIM claim and entered judgment in favor of the insurer. The Superior Court rejected the plaintiffs’ contentions that the trial court misapplied the applicable bad faith law, set forth in Rancosky v. Washington Nat’l Ins. Co. 170 A.3d 364 (Pa. 2017), and affirmed the trial court. The Superior Court further held that plaintiffs’ waived their requests for judgment notwithstanding verdict (JNOV) and new trial by failing to properly preserve these issues at trial and in post-trial motions. Brown v. U.S. Auto. Ass’n, 2026 Pa. Super. Unpub. LEXIS 1393 (May 27, 2026). *Results do not guarantee a similar result.

Thought Leadership

On the Pulse…Other Notable Achievements

THOUGHT LEADERSHIP Dana Gittleman (Philadelphia) authored the article, “The Importance of Memorializing Settlement Terms," appearing in the PLUS Blog on April 27, 2026. In the article, Dana discusses a new Pennsylvania Superior Court decision that shows how overlooked or undocumented terms can unravel even routine negotiations, especially when parties have differing expectations or one side is unrepresented. Jordan Mazzoni (Scranton) authored the article, “The Best Defense is Already in the File Documentation in Civil Rights Litigation," published on PLUS Blog on July 27. The article discusses how documentation is an essential defense to public entity & civil rights litigation. SPEAKING ENGAGEMENTS ​John L. Slimm (Mount Laurel) moderated and presented on claims and defenses involving lawsuits against the plaintiffs' bar at the 2026 Legal Malpractice Update for the New Jersey Institute for Continuing Legal Education. The seminar offered practical strategies to prevent ethical grievances and legal malpractice, along with sharing expert insights on issues from electronic payments and fee splitting to the impact of AI. ​Heather Carbone (Jacksonville) was a panelist for a webinar hosted by The Workers’ Compensation Claims Professionals (WCCP) Association. As part of the “Meet the Experts” Series, the speakers addressed “Afterthoughts that Undermine a Successful Mediation,” highlighting the pitfalls and challenges of underprepared or unprepared mediation participants. A. Judd Woytek (King of Prussia) joined a panel at the CLM Alliance (Claims and Litigation Management Alliance) Work Comp Conference in Nashville to present "We See You How Employee Engagement Enhances Work Comp Outcomes." Judd and his fellow panelists discussed the positive impact of employee engagement on claim outcomes, return-to-work timelines, and overall claim costs. ​Joe Lesinski (Pittsburgh), Jim Cole (Philadelphia), Matt Flanagan (New York), and Adam Fogarty (Mt. Laurel) presented several continuing education (CE) programs to claims professionals for our client. The team hosted two one-hour panel discussions on “The Art of Mediation", attended by more than 80 claims professionals. In the afternoon Adam Fogarty and Joe Lesinski presented a CE program on “The Fundamentals of Premises Liability in New Jersey and Pennsylvania" while Matt Flanagan and Jim Cole led a presentation on “Trends in Claims" against attorneys and the evolving issues impacting the legal profession. ​Julia Klubenspies (Roseland) was invited to speak to the 2026 class of incoming resident physicians at The Valley Hospital on ways to reduce the risk of being named in litigation. ​Jon Cross (Philadelphia) and Sara Mazzolla (Roseland) spoke at the 5th Annual ideal3 Summit in Minneapolis on “Information Gathering for New Claims and Prevention of Spoliation." The program explored the ethical and legal obligations surrounding the collection and preservation of evidence once a claim is anticipated. Sara Mazzolla (Roseland) presented at the annual Roller Skating Association Conference on "The Pros and Cons of Waivers in Your Rink," sharing insights on the use of liability waivers as a risk management tool for skating rink operators and discussing considerations that may impact their effectiveness. James Hanratty and Erica Cagan (both of Jacksonville) presented at the Florida Defense Lawyers Association's Florida Liability Claims Conference. Their session, "Supporting the Next Generation: Connecting with Associates," explored communication best practices from the perspectives of both a senior shareholder and a newer associate. Lindsay McCormick (Tampa) was a panelist at the West Coast Casualty Construction Defect Seminar in Anaheim. Lindsay's session, "It May Not Be All Wrapped Up with Your OCIP/CCIP," examined key considerations surrounding Owner-Controlled and Contractor-Controlled Insurance Programs. Attendees gained insight into risk management strategies and coverage issues impacting construction defect litigation and related claims. Gary M. Samms (King of Prussia and Philadelphia) was a featured speaker at the American Legal Connections (ALC) 2026 Seventh Annual Healthcare Symposium in Atlanta, Georgia. Gary joined a panel discussion titled “The Modern Plaintiff Machine.” Designed for medical professional liability defense attorneys, claims professionals, underwriters, carriers, and health system risk executives, the symposium addressed some of the most pressing challenges in today’s healthcare litigation landscape. Josh Byrne (Philadelphia) was a featured panelist at the Philadelphia Bar Association CLE program, "Ethics & Legal Malpractice Avoidance." The program provided a comprehensive overview of strategies for avoiding legal malpractice, including ethical considerations, client communication best practices, and common pitfalls that can lead to malpractice claims. Casey Coyle (Harrisburg and Philadelphia) presented "Recent Civil Law Decisions and Civil Rule Updates" at the Pennsylvania Conference of State Trial Judges in Hershey. The session provided attendees with insights into recent developments in Pennsylvania civil law and examined updates to the rules governing civil practice, helping practitioners stay informed on significant changes affecting litigation and courtroom procedure. PUBLISHED WORKS Josh J.T. Byrne (Philadelphia) and Alesia S. Sulock (Philadelphia) authored the article, “Whither the Private Reprimand," published in The Legal Intelligencer on July 22, 2026. In the article, Josh and Alesia examine the notable absence of private reprimands issued by the Pennsylvania disciplinary authorities in 2025, discussing the important role that informal admonitions and private reprimands have historically played in addressing attorney misconduct and considering what this trend may signal for the future of attorney discipline in Pennsylvania. ​Blake Hood (Jacksonville) authored the article, “Fla. Workers' Comp Physician Dispensing Ruling Could Produce New Legislative Fight," published on August 5 in Insurance Journal . The article discusses Florida's First District Court of Appeal's decision in Publix Super Markets, Inc., et al. v. Department of Financial Services, et al., holding that while injured workers have an absolute right to choose their own pharmacy or pharmacist, that right does not extend to physicians who dispense medications directly to their patients. Kimberly Kanoff Berman and Seth Altman (Fort Lauderdale) authored the article, “A Unified, Single Claim for Damages Requires Apportionment in a Joint Proposal: What the Decision in 'Trace Elements' Means for Property Insurance Claims,” published on August 6 in the Daily Business Review. The article analyzes the Florida Supreme Court's decision in Trace Elements v. MacKensen and examines its implications for property insurance claims in Florida, particularly regarding the apportionment of damages in joint settlement proposals. RECOGNITION Tiere Phillips (Pittsburgh) was elected to the Allegheny County Bar Association’s Judicial Committee for a Diverse Seat. As one of only three attorneys elected to this role, Tiere will help ensure fairness and equality in representation during judicial evaluations and recommendations for election and reelection in Allegheny County. Steven A. Johnston (Roseland) received the “Pride of Essex County Award” at the 2026 Essex County LGBTQ+ Pride Celebration on June 17 at the Essex County Martin Luther King, Jr. Justice Building in Newark. Hosted in conjunction with the Essex County Office of LGBTQ+ Affairs and the Essex County Lesbian, Gay, Bisexual, Transgender and Questioning Advisory Board, Steven was recognized for his service to the community and his support of equality for members of the LGBTQ+ community. Jason Banonis (King of Prussia) was honored with the Pennsylvania Defense Institute’s 2026 Attorney of the Year Award at the organization’s annual conference.  A longtime leader and contributor to the organization, Jason was recognized for his dedication and service.