Timothy D. Rau

Shareholder

Tim concentrates his practice on litigation of personal injury and commercial matters. While much of his practice has focused on the litigation of mass/toxic tort matters, product liability and premises liability, Tim has also handled cases arising out of maritime and port operations. His representative cases include those which involve premises liability, products liability involving latent diseases from exposures to substances such as asbestos and benzene, property damage from construction and transportation of cargo, and personal injuries sustained by longshoremen.  He has tried a number of cases to verdict in Philadelphia, in addition to litigating cases in the surrounding counties in Pennsylvania and New Jersey.

Since joining Marshall Dennehey in 2003, Tim has litigated and managed cases related to mass and toxic tort matters arising out of exposure to asbestos, silica and benzene. He has also defended a significant number of cases filed against land owners and managers for injuries which occurred on the premises. The litigation of these cases has involved all aspects of litigation, including discovery, expert witness development and preparation, and trial.

For the last several years, Tim has also developed a practice related to maritime and port operations. In this arena, he defends matters related to the operation of and loading/unloading of vessels, with claims based on the Jones Act, the Longshore and Harbor Workers' Compensation Act and general maritime negligence claims.

Tim has also volunteered with the Philadelphia Court of Common Pleas as a Judge Pro Tempore working to mediate and settle cases being handled by other attorneys prior to trial.  Through the JPT program, Tim works on behalf of the court to assist in the resolution of cases prior to trial.  He also sits as an arbitrator for the Philadelphia Court of Common Pleas on a regular basis.

Prior to attending law school, Tim attended James Madison University where he was a member of the school's cross country and track teams.  Still an avid runner, Tim competes in races in the Philadelphia area. For the last 5 years, Tim has also been active volunteering as a basketball coach for rec and travel basketball with the Perkiomen Valley Youth Basketball

 

Significant Representative Matters

Defense verdict in wrongful death case in Philadelphia County which it was alleged that the plaintiff/decedent's esophageal cancer and subsequent death was caused by his exposure to asbestos.

Defense verdict after two phases of a reverse bifurcated trial in Philadelphia County where the plaintiff was found by the jury to have asbestosis, but Tim's client's product was found to have not caused the plaintiff's disease.

Defense verdicts in two cases tried simultaneously where the plaintiffs each alleged they had contracted symptomatic asbestosis as a result of exposure to asbestos.

Marine vessel negligence verdict affirmed on appeal: Kindermann v. Cunningham, 2015 Pa. Super 30

Premises liability verdict in Philadelphia where the plaintiff alleged permanent injury and total disability from work after a fall on the property owned and managed by Tim's client. After demanding in excess of $2.5 million prior to trial and alleging over $1 million in past and future wage loss, the jury awarded the plaintiff less than $100,000. 

Classes/Seminars Taught

Harris Martin's Pennsylvania Asbestos Litigation Conference, Co-Chair, April 2009 

What Constitutes an Injury Under PA Law, Resolute Management, Inc., 2007 

Published Works

"Liability for Replacement Parts in a Post-Tincher World," The Legal Intelligencer, Products Liability Supplement (page 6), January 26, 2016

Legal Updates for Toxic Torts Litigation, editor

"No Special Exception to PA Statute of Repose for Asbestos Exposure," Defense Digest, 2011-09, Vol. 17, No. 3

"Pennsylvania Superior Court Affirms Economic Loss Doctrine," Defense Digest, 2004-09, Vol. 10, No. 3

Admissions
New Jersey
1999
Pennsylvania
1999
U.S. District Court District of New Jersey
1999
U.S. District Court Eastern District of Pennsylvania
2000
U.S. Court of Appeals 3rd Circuit
2001
Education
Rutgers, The State University of New Jersey School of Law-Camden (J.D., 1999)
James Madison University (B.A., cum laude, 1996)
Honors & awards
Pennsylvania Super Lawyer Rising Star
2008
Associations & memberships
Maritime Law Association of the United States
Philadelphia Bar Association
Year joined
2003