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William J. McPartland

Co-Chair, Special Education Law Practice Group

Portrait of William J. McPartland

Will is a member of the Professional Liability Department and handles matters on behalf of both insured and self-insured clients. He concentrates his practice in areas involving special education due process, civil rights, employment matters and claims involving the Political Subdivision Tort Claims Act.  Will represents both government and private employers in state and federal court in ADEA, ADA, Title VII, FMLA and PA Veterans Preference Act claims.  He also handles general liability matters involving automobile accidents, premises liability claims and special investigations matters, which often involve claims of suspected arson and insurance fraud.

Prior to joining Marshall Dennehey, Will worked for defense firms in Pittsburgh and Philadelphia. He also served as a law clerk to the Honorable Ralph L. DeLuccia, Jr. in the Superior Court of New Jersey, Trial Division, in Passaic County.

Will earned his Bachelor of Arts degree from the University of Miami in environmental planning, an interdisciplinary degree with an emphasis on science and civil engineering. While at Miami, he was the starting fullback for the Hurricanes and received All Big East Football Academic Honors. He later attended the University of Pittsburgh School of Law, earning his juris doctor in 2004.

    • University of Pittsburgh School of Law (J.D., 2004)
    • University of Miami (B.S., 2000)
    • New Jersey, 2004
    • Pennsylvania, 2004
    • U.S. District Court District of New Jersey, 2005
    • U.S. District Court Eastern District of Pennsylvania, 2005
    • New York, 2006
    • U.S. District Court Western District of Pennsylvania, 2006
    • U.S. District Court Middle District of Pennsylvania, 2010
    • U.S. Court of Appeals 3rd Circuit, 2011
    • U.S. District Court Northern District of New York, 2014
    • U.S. District Court Western District of New York, 2014
    • U.S. District Court Southern District of New York, 2016
    • The Best Lawyers in America®, Insurance Law (2023-2026)
    • Successfully defended a school district at a Special Education Due Process Hearing where plaintiffs claimed that the district failed to provide the student with a Free Appropriate Public Education pursuant to the Individuals with Disabilities Education Act related to a request for assistive technology.
    • Successfully defended a school district in the first trial in Pennsylvania challenging a student drug testing policy under Article I, Section 8 of the Pennsylvania Constitution.
    • Obtained a defense verdict in a slip and fall case before the Court of Common Pleas of Lackawanna County brought by a tenant alleging she fell on ice caused by the paint used on the stairs as well as a leaking gutter.
    • Obtained a defense award for school district at Special Education Due Process Hearing regarding a disciplinary matter and the district's manifestation determination hearing.
    • Obtained dismissal of a claim against a school district alleging failure to protect a student from abuse by a third party.
    • Obtained dismissal of claims of trespass and negligence against a landowner related to the use of an easement which was adjacent to his property.
    • Obtained dismissal of a 14th Amendment state created danger claim against a school district arising out of a fight between two students.
    • Obtained dismissal of a plaintiff's challenge to a sale of land by a school district under the Donated and Dedicated Property Act and the Public Trust Doctrine.

Results

Dismissal Affirmed by the Commonwealth Court of Pennsylvania

We successfully convinced the Commonwealth Court of Pennsylvania to affirm the Court of Common Pleas of Wayne County’s grant of our preliminary objections and dismissal of the plaintiff’s complaint in mandamus. In its complaint in mandamus to the Court of Common Pleas, the plaintiff argued that our client’s letter denying its plan and application for the development of solar panels was insufficient under the Municipalities Planning Code, thus entitling it to a deemed approval of its plan. We had successfully filed preliminary objections to the complaint on the grounds that the Township’s letter, which identified the plan’s defects with specific reference to provisions of the Municipal Planning Code that had not been satisfied, was sufficient under Section 508 of the Municipal Planning Code. This section requires that, when a municipality denies an application for approval of a development plan, “the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon.” 53 P.S. Section 10508(2). The plaintiff appealed the decision, and we attended oral argument before the Commonwealth Court, following which the court affirmed the decision of the lower court on the same grounds.

Summary Judgment Obtained in Complicated Case Brought Against Two Pennsylvania School Districts

We obtained summary judgment on behalf of two school districts in a matter brought by various plaintiffs against the Career and Technology Center of Lackawanna County (CTC) and four of its sending school districts. The plaintiffs had asserted claims under Title IX, the 14th Amendment, and Section 8542(b)(9) of the Pennsylvania Political Subdivision Tort Claims Act based on their sexual abuse by an automotive technology instructor at CTC. While permitting some claims to proceed against CTC, the court dismissed all claims against the sending school districts on the grounds that the plaintiffs failed to demonstrate that any individual at any of the defendant-school districts had actual knowledge of the automotive technology instructor’s conduct, and the instructor was not an employee, independent contractor or ostensible agent of any school district by virtue of his employment by CTC.

Thought Leadership

Legal Updates for Special Education Law

Legal Update for Special Education Law – Case Law Update

July 1, 2025

U.S. Supreme Court Clarifies Standard for Disability Discrimination Claims in Education Under Section 504 and ADA A.J.T., by and through her parents, A.T., et al. v. Osseo Area Schools, Independent School District No. 279, et al., 605 U.S. --- , --- S. Ct. ---, 2025 WL 1657415 (June 12, 2025) In a ruling clarifying the rights of students with disabilities, the Supreme Court of the United States unanimously held that schoolchildren bringing claims under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act are not required to show “bad faith or gross misjudgment” to recover damages related to educational services.  This case alleged that a school district refused to provide supplemental instruction during the early evening to a special education student with a rare form of epilepsy that prevented her from attending school until midday. The District Court concluded that the child was entitled to the instruction and compensatory education. In addressing the parents’ suit for money damages under Section 504 and the ADA, the Eighth Circuit Court of Appeals dismissed that claim because the parents had not established that the school district’s refusal amounted to bad faith or gross misjudgment.  The petitioner, A.J.T., a teenager with a rare form of epilepsy that severely limits her physical and cognitive functioning, suffers from seizures that are so frequent in the mornings that she cannot attend school before noon but is alert and able to learn between noon and 6 p.m. For the first few years of her schooling, A.J.T.’s school district accommodated her condition by providing her with afternoon and evening instruction and allowed her to avoid morning activities. In 2015, A.J.T.’s family moved, and her new school district, Osseo Area Public Schools, denied her parents’ request to provide evening instruction in A.J.T.’s IEP. This denial resulted in A.J.T. only receiving 4.25 hours of instruction per day as compared to the standard 6.5 hours of schooling received by nondisabled students in the district. A.J.T.’s parents filed an IDEA complaint with the Minnesota Department of Education, claiming a denial of FAPE. The administrative law judge ruled that the school district had violated the IDEA and ordered the school district to provide compensatory education and evening instruction. Federal courts affirmed the ruling, upholding the award of compensatory education under the IDEA. A.J.T. and her parents then sued the school district in the Federal District Court under the ADA and the Rehabilitation Act, requesting a permanent injunction, reimbursement of certain costs and compensatory damages. The District Court granted summary judgment to the school district. The Eighth Circuit affirmed the judgment, holding that a school district’s failure to provide a reasonable accommodation was not enough to state a prima facie case of discrimination as established by prior case law. In addition, the Eighth Circuit upheld a requirement that a plaintiff prove that school officials’ conduct rose to the level of bad faith or gross misjudgment in order to recover damages under either the ADA or the Rehabilitation Act. Certain other courts of appeal have also applied the same heightened standard as the Eighth Circuit, but not all. In reaching its decision resolving the split, the Supreme Court recognized that, outside of the educational services context, courts only require a “deliberate indifference” standard to obtain compensatory damages under the ADA and the Rehabilitation Act for intentional discrimination. However, the Court noted that the statutory remedial or substantive protections of Title II of the ADA or Section 504 of the Rehabilitation Act suggest that claims based on educational services should be subject to a more demanding standard. The Court further referenced the specific statutory language of the IDEA, which provides that nothing in the IDEA “shall be construed to restrict or limit the rights, procedures, and remedies available under” the ADA, the Rehabilitation Act, or other federal laws protecting disabling children’s rights, noting that a heightened standard of “bad faith or gross misjudgment” is irreconcilable with the unambiguous directive of this section of the IDEA. By imposing a heightened standard, the appeals court limited the ability of disabled schoolchildren to assert their independent rights under the ADA and the Rehabilitation Act, thereby making it more difficult to obtain remedies provided by Congress when it enacted this newer provision of the IDEA. Going forward, claims based on educational services brought pursuant to the ADA and the Rehabilitation Act should be subject to the same standards applied in other disability discrimination contexts.    Legal Update for Special Education Law – July 2025 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 © 2025 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.

Legal Updates for Special Education Law

Legal Update for Special Education Law – Updates from the U.S. Department of Education

February 1, 2025

In Tennessee v. Cardona, 2025 WL 63795, a Kentucky federal judge issued an opinion vacating the new Title IX regulations.  In April of 2024, new Title IX regulations expanded the concept of discrimination “on the basis of sex” under Title IX to include “discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.” The new regulations redefined expanded “sexual harassment” to encompass both “sexual harassment and other harassment on the basis of sex.” It also expanded protections for students against sexual harassment.  The Kentucky District Court held that the Department of Education exceeded its statutory authority when it expanded the definition of “on the basis of sex” to include “gender identity.”  The District Court also found the new regulations violated the First Amendment by requiring the use of names and pronouns associated with a student’s asserted gender and these names and pronouns were vague and overbroad.  Additionally, the District Court found the new regulations violated the Spending Clause by conditioning receipt of federal funding on the prohibition of discrimination based upon gender identity.  While not binding on other district courts, we will continue to monitor this case as it proceeds on appeal.    Legal Update for Special Education Law – February 2025 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 © 2025 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.

Firm Highlights

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. 

Thought Leadership

Coverage Determined, Judgment Paid, Bad Faith Survives: Fourth DCA’s Opinion Highlights the Distinction Between Contractual and Extra-Contractual Damages

In Healthy Food Experts, LLC v. Amguard Ins. Co., No. 4D2025-0181 (4th DCA June 10, 2026), the Fourth District Court of Appeal explained that an insurer’s payment of a judgment in a breach of contract case does not automatically eliminate a later bad faith claim seeking extra-contractual damages. The decision provides guidance on when a first-party bad faith claim may still proceed after a coverage dispute has already been resolved by a judgment. Healthy Food Experts, LLC involved a dispute related to a property damage claim submitted under a commercial insurance policy issued by the insurer following a ceiling collapse at the insured’s restaurant. The insurer denied coverage for the insured’s losses for business personal property and business income, but extended coverage for the food spoilage losses. As a result, the insured filed a breach of contract action and ultimately obtained a jury verdict. The insurer appealed the verdict and, while the appeal was pending, the insured filed a Civil Remedy Notice (CRN) seeking payment for the judgment plus interest. The insurer failed to cure the CRN within the statutory sixty-day cure period, but paid the judgement in full with accrued interest following the appeals court’s per curiam affirmance. Nevertheless, the insured filed a first party bad faith lawsuit claiming to have suffered extra-contractual damages. In response to the bad faith suit, the insurer filed a Motion to Dismiss for failure to state a cause of action, relying on Fridman v. Safeco Insurance Co. of Illinois, 185 So. 3d 1214 (Fla. 2016) stating that damages were fixed by judgment of the breach of contract suit and the insured could not recover additional damages beyond those already awarded. The insurer also argued that the judgment did not exceed the insured’s policy limits, which was a required element of a first party bad faith claim. The trial court dismissed the bad faith action based on Fridman, concluding the insured could not seek any additional damages.  The insured appealed the court’s ruling to the Fourth DCA arguing the trial court’s order conflicts with Florida law and misapplies Fridman, as a contractual damage determination in the underlying suit establishes the “condition precedent to prosecute a first party bad faith action.” Cingari v. First Protective Ins. Co., 377 So. 3d 1169, 1174 (Fla. 4th DCA 2024). Further, the insured argued that the only purpose to the binding language in Fridman is to prevent the re-litigating of the same damages, which in this case are the contractual damages. The insured asserted the damages were not the “same” as they were seeking consequential damages from the insurer’s alleged bad faith. The Fourth District emphasized in its ruling that a first party bad faith claim is not ripe for litigation until there has been the following: a determination of the insurer’s liability for coverage; a determination of the extent of the insured’s contractual damages, and the required civil remedy notice is filed pursuant to §624.155(3)(a).  Demase v. State Farm Fla. Ins. Co., 239 So. 3d 218, 221 (Fla. 5th DCA 2018) The court concluded that the necessary conditions were satisfied as the jury verdict determined both coverage and the extent of the insured’s contractual damages, and the insured properly filed a civil remedy notice, so the bad faith claim was ripe for litigation. The Fourth DCA further explained the insured could not seek contractual damages in its bad faith action, which was previously litigated in its breach of contract suit. However, the court determined the insured could seek “extra-contractual damages,” which were not recoverable in the insured’s breach of contract suit, which may include interest, court cost, and reasonable attorney’s fees incurred by the insured. Further, the court held excess judgment is not essential in a first party bad faith claim and the insurer’s late payment of the judgment did not preclude the insured’s bad faith action. As a result, the Fourth District Court of Appeals reversed the trial court’s final dismissal order of the bad faith action. This opinion highlights the distinction between contractual and extra-contractual damages. Moreover, this case demonstrates that a judgment does not necessarily end the dispute in a first party property claim as it is could also serve as a prerequisite of a bad faith action. The decision serves as a reminder that insurers may face bad faith exposure notwithstanding the payment of a judgment in an underlying breach of contract action.

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. 

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.