Results

Successfully prosecuted a modification/suspension petition on behalf of a large financial institution nearly 12 years after the claimant’s injury. ​The claimant sustained injuries to her left shoulder and cervical spine in October of 2005. Since that time, she had two cervical spine surgeries and two shoulder surgeries. The defense established that the claimant was able to return to work in a sedentary-duty capacity, working from home in a telemarketing position, thus modifying her total disability benefits to partial disability.

The claimant was a very credible employee who was seriously injured while on a horseback riding excursion at a Continuing Medical Education seminar. While attendance at the seminar was part of the claimant's job, the case evidence focused on whether the horseback riding extracted the claimant from the course and scope of employment.

The claimant was admittedly addicted to opioid medication. Medical expert evidence was presented by the parties as to the ill effects of the medication. The Workers’ Compensation Judge found the ongoing use of opioids unreasonable and found the medication bills were not payable.

Obtained a favorable decision and order denying benefits in a Federal Black Lung claim that had been pending since 2003. ​This matter was most recently before an Administrative Law Judge on a remand from the Benefits Review Board on the sole issue of whether the miner's medical expert's testimony was sufficient to establish that the miner was suffering from coal workers' pneumoconiosis.

The plaintiff claimed she was sexually abused by her former music teacher, an employee of the plaintiff’s school district. During 9th grade, the plaintiff was placed in an emotional support classroom, which was operated by the intermediate unit but located in the school district’s high school building. The plaintiff made a disclosure to her emotional support teacher (also an intermediate unit employee) of abuse by the music teacher. The emotional support teacher shared the report with her immediate supervisor.

The plaintiff brought claims of excessive force against one of two police officers and claims of assault and battery against the other officer. The incident in question occurred during a traffic stop. The plaintiff bore a strong resemblance to, and shared the last name of, a known gang member who had outstanding warrants for weapons offenses. During the traffic stop, one of the defendants observed an unnatural bulge in the plaintiff’s pants pocket. The officers ordered the plaintiff to exit the vehicle in order to pat him down for their own safety and to resolve the identity issue.

Obtained a dismissal on behalf of our clients, a Fire Department and two of its firefighters, in the U.S. District Court for the Eastern District of Pennsylvania. At the direction of the Borough Code Enforcement, the Fire Department inspected the plaintiffs’ boarding house, where they discovered multiple gas leaks and turned off the gas supply. The residents were displaced, and the property was condemned. The plaintiffs alleged the Fire Department violated their right to procedural due process by not providing proper pre-seizure and post-seizure notices.

Our client, a local planning commission, was sued for allegedly taking too long to approve a zoning permit for the establishment of a restaurant. The plaintiffs filed a single-count complaint, seeking damages for willful and intentional conduct on the part of the commission. Following the close of the pleadings, a motion for judgment on the pleadings was filed. The Lackawanna County judge granted the motion, finding the commission was entitled to judgment as a matter of law because the plaintiffs only asserted intentional conduct, not negligence.

The plaintiff was engaged in a drug transaction on the street when uniformed officers who were watching approached him from a block away. When the plaintiff jumped into his car and sped away through residential streets in the middle of the day, the officers wisely abandoned the pursuit and obtained an arrest warrant for the plaintiff. After his acquittal, the plaintiff brought a malicious prosecution claim against the officers.

Obtained summary judgment in Allegheny County, Pennsylvania on behalf of a life insurance agent in a fraud and negligence action. Our client was alleged to have forged certain policy documents in an effort to "churn" the existing policies the plaintiffs possessed into additional policies rather than increase the amount of coverage of the original policies. The plaintiffs failed to establish any evidence whatsoever that any of the signatures were forged.