Results

The plaintiff was an Emergency Medicine Technician who was severely assaulted during an ambulance transport of a minor patient to a psychiatric facility. The client-physician had discharged the minor patient with orders for sedation and restraints, if needed, during transport. The plaintiff alleged these discharge orders were insufficient and violated standard of care. Our attorneys successfully argued that under Pennsylvania’s Mcare Act our client-physician did not owe a duty to the plaintiff-EMT, only to the minor patient.

By Order dated April 5, 2023, the Supreme Court of Pennsylvania refused to review the Superior Court’s affirmance of a 2021 nonsuit obtained by Jack Delany in hotly contested litigation stemming from the death of a construction worker. John Hare and Shane Haselbarth handled the appeal along with Jack.

We presented medical evidence, including a record review of all diagnostic study films and medical records from a Board-certified physiatrist, to establish that the claimant’s physiological complaints were unrelated to a work injury. The judge accepted our evidence as fully competent, persuasive and credible, and, as a result, terminated the claimant's benefits.

We defended a Claim Petition, successfully proving that a claimant’s injury was not work-related. After a thorough investigation and review of the medical records, we were able to present witnesses and evidence that confirmed that the alleged injury had gone unreported and was inconsistent with the mechanism of injury. The Workers’ Compensation Judge found our witnesses credible that the claimant did not report his knee condition as work-related.

Our appellate attorneys were victorious in the Pennsylvania Superior Court, which granted a judgment notwithstanding the verdict and nullified a $5.6 million judgment in a construction accident case. In a unanimous, precedential opinion, the court ruled that our client, a general contractor, was the plaintiff’s statutory employer and thus immune from suit.  

We obtained a defense verdict in the U.S. District Court for the Eastern District of Pennsylvania in a case where the plaintiff sought $24.1M for alleged property damages and lost revenue.  
 

The plaintiff pet owners brought claims of emotional/bystander distress and recklessness against the delivery service after personally witnessing the incident that tragically killed their family dog. We filed a Motion to Strike (equivalent of 12b(6) in State of Connecticut Superior Court, Judicial District of Fairfield at Bridgeport), citing appellate authority that, because dogs are personal property and bystander distress arises out of human-to-human relationships, plaintiffs were barred from alleging and recovering any kind of emotional distress damages.

A panel of the the Third Circuit unanimously affirmed an order of the U.S.D.C. for the District of Delaware which granted a Rule 12 motion to dismiss in favor of law enforcement officials. The plaintiff filed suit under Section 1983, seeking damages for the alleged violation of his Fourth and Fourteenth Amendment rights following a traffic stop, for driving under the influence of alcohol, and the lawful seizure of blood alcohol evidence.

We obtained dismissal of both bad faith and Unfair Trade Practices and Consumer Protection Law (UTPCPL) claims in a case filed in the Eastern District of Pennsylvania. The case arose from a UIM claim presented after a motor vehicle accident. In an extensive footnote to the order, the court included a fairly comprehensive overview of the standards for pleading viable bad faith in UTPCPL claims in Pennsylvania. The court did not allow the plaintiff the opportunity to amend his complaint in order to cure the pleading defects.

We obtained dismissal of our client, a car dealership, from a suit pending in Montgomery County, Pennsylvania, on the basis of a lack of personal jurisdiction. The plaintiff, who had addresses in Pennsylvania and Florida, had purchased a used Range Rover that allegedly experienced ongoing maintenance issues. The plaintiff sought repairs from various car dealerships, including our client. When the repairs were unsuccessful, she brought claims for breach of warranty, breach of contract and unfair trade practices against each of them.