Our attorneys work hard to get the best possible results for our clients. Please review our recent litigation successes encompassing our four departments and 40 practice areas. You may search by keyword, practice area or year of result. 

Pennsylvania Supreme Court Refuses to Expand Lawyer Liability

Marshall Dennehey attorneys were successful at the trial court and appellate level in the seminar legal malpractice case, Clark v. Stover, _ A.3d _, 2020 WL 7502334 (Pa. Dec. 22, 2020). In its opinion issued on December 22, 2020, The Pennsylvania Supreme Court refused to adopt the continuous representation rule to toll the statute of limitations in a legal malpractice action.

Successful defense of grant of summary judgment in the New Jersey Appellate Division results in published opinion

Walter Klekotka (Mount Laurel, NJ) and Walter Kawalec (Mount Laurel, NJ) were successful in defending a grant of summary judgment in the New Jersey Appellate Division that resulted in a published opinion. Our clients were the owner and manager of an apartment complex for seniors. The plaintiff/resident had returned from walking her dog and alleged she received injuries entering the elevator.

Successful defense of Federal Black Lung Benefits claim.

We successfully defended a survivor’s claim for Federal Black Lung Benefits. The miner had worked 11 years in underground mining, had acknowledged simple coal workers’ pneumoconiosis (CWP), and died due to heart failure and COPD (per the death certificate).

Favorable decision in New Jersey workers’ compensation matter.

The case involved a compensable claim for right hip and shoulder fractures sustained in a fall. At issue was the level of permanent disability for the compensable injuries and the relatedness of a subsequent hip replacement surgery. The petitioner’s demand before trial was more than $450,000, plus almost $78,000 for medical expenses. The employer’s final offer was $180,000. After a three-day trial in Ocean County, the judge awarded permanency benefits totaling less than $153,000.

Successful defense of penalty petition to impute liability for surgical treatment.

The claimant suffered a work injury while working as a lineman for a national communications carrier. The injury was acknowledged as a cervical herniation at C5-6, which led to surgical repair that the employer successfully challenged as unreasonable and unnecessary. Following surgery, the claimant pursued significant post-operative treatment that the employer denied as compensable.

Successful prosecution of termination petition.

We successfully prosecuted a termination petition on behalf of a national communications carrier. ​The claimant was a long-term employee for the employer. In this capacity, he was injured in a motor vehicle accident and then from a subsequent altercation with the other driver. The employer acknowledged significant cognitive injuries, which the defense was successfully able to terminate through medical evidence from a Board Certified orthopedic surgeon.

Workers’ Compensation Judge’s decision reversed on appeal.

We won a case on appeal, reversing the judge’s decision. ​Our insurance carrier client issued a Notice of Temporary Compensation Payable (NTCP), agreeing to pay both indemnity and medical benefits for a lumbar strain allegedly sustained by the claimant. The 90-day period began on April 22, 2018, and ended July 20, 2018. On June 21, 2018, the claimant filed a claim petition for workers’ compensation benefits, alleging a low back injury.

Resolution of FINRA matter.

We resolved a FINRA matter involving four private placement investments for a portion of the costs. ​At issue were alleged losses exceeding $200,000. Leveraging the panel’s favorable decision on an earlier Motion for Eligibility (untimeliness), we convinced claimants’ counsel of the futility of proceeding further. Claimants’ counsel agreed to resolve the case for his filing costs only, split among three respondents.

Dismissal of lawsuit against a municipal client.

The plaintiffs contracted with a builder to construct a 5,000 sq. ft. home. In accordance with the Uniform Construction Code, the local township contracted with a privately-owned company to serve as a code enforcement and permit officer. The company issued a building permit, inspected the home at several points during construction, and eventually issued a certificate of occupancy.

Defense prevails in insurance coverage and bad faith case.

The defense prevailed on a motion for judgment on the pleadings in a declaratory judgment action seeking liability coverage in a catastrophic injury case. ​The plaintiff was a passenger in a vehicle driven by his wife when she veered off the road and struck a pedestrian, nearly killing him.