Results

We obtained a dismissal of plaintiff’s legal and accounting malpractice claims, in which the plaintiff claimed a prior unrelated legal settlement led to an avoidable tax liability. The plaintiff alleged that our attorney client was negligent in providing legal and accounting advice in regard to corrective tax filings following a legal settlement with a state entity. After multiple rounds of amended pleadings and briefing, the court entered an order adopting our lack of subject matter jurisdiction argument and dismissed the plaintiff’s complaints based upon a Rule 8 violation. 

We prevailed in a unanimous, precedential decision in the Superior Court of Pennsylvania, which reconciled conflicting case law in the state. The plaintiffs were joined by 55 amici, and our client was joined by numerous construction organizations as amici. The court eventually applied Pennsylvania’s statute of repose to bar construction defect claims brought by homeowners.

We obtained a summary judgment on behalf of our architectural client against one of the top construction/design defect law firms in New Jersey. After three separate argument appearances, the court granted summary judgment, holding that the plaintiff’s expert’s report failed to substantively establish a deviation from the architectural standard of care.

A FINRA arbitration panel recommended the expungement of a customer complaint from a financial advisor’s public record.  The complaint involved allegedly unsuitable alternative investments and an overconcentration of alternative investments in the customer’s portfolio.

We obtained summary judgment in a medical malpractice action, which was covered in The New York Law Journal. The plaintiff, a man severely debilitated by a stroke, alleged that our nursing home client had admitted him with 14 pre-existing pressure sores. Through our expert, the records and our client’s deposition testimony, we established that all of the plaintiff’s pressure sores either stabilized or resolved during his two-month admission. The court found no deviations from the accepted standards of care and dismissed the case.

We prevailed on termination, suspension and review petitions, where the workers’ compensation judge found that the claimant was fully recovered as of the date of our medical expert’s examination. The judge found our witnesses more credible than the claimant’s and denied the claimant’s review petition to expand the accepted injury. We successfully recovered $33,508 from the Supersedeas Fund for our client.

We obtained an arbitration defense award in a medical malpractice case, in which the plaintiff alleged that our radiologist client misread the first of two head CT scans. She claimed that a timely diagnosis of her issue, which turned out to be cerebral venous thrombosis (CVT), would have given her the opportunity for a cure. We successfully argued that the head CT showed what appeared to be a normal anatomical variant, which only identified plaintiff’s CVT diagnosis with additional, more sensitive imaging studies.

We successfully convinced the Pennsylvania Superior Court to affirm the trial court’s decision to sustain preliminary objections and dismiss a wrongful death case involving allegation of negligent transmission of COVID-19. The plaintiff alleged that his elderly parents contracted COVID-19 from employees of our client who were providing non-medical, in-home care services, and that his parents ultimately died from the disease.

We obtained dismissal of our client via preliminary objections in a significant product liability matter. The plaintiffs were seriously injured in a workplace accident involving a tile packaging machine. Despite the plaintiffs asserting that original process was properly served on our client, we successfully argued to the court that the purported certified mail receipt was never signed by an agent of our client and, in fact, simply said “COVID-19” on the signature block. The court sustained our objections and dismissed the case as to our client.

We secured a defense verdict in a Section 1983 malicious prosecution trial in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiff alleged that our client’s law enforcement officers falsified evidence and testimony in order to maliciously prosecute him for conspiracy for engaging in the illegal sale of narcotics. We successfully contended that the former narcotics detective, who corroborated the plaintiff’s complaint, was lying, and called various members of our client’s narcotics unit to testify about the facts of the investigation.