Results

The plaintiff had complained to the police about her ex-husband violating a protection from abuse order. After investigating, the police determined that no PFA was in effect, and they arrested the plaintiff instead of her former husband and charged her with: (1) tampering with public records or information; (2) false reports to law enforcement authorities; and (3) unsworn falsification to authorities. Following a preliminary hearing, the court dismissed the charges against the plaintiff.

Obtained summary judgment on behalf of an optometrist in a medical malpractice case. ​The plaintiff alleged that she was neither informed of the elevated pressures in her eyes nor referred for a glaucoma evaluation by our client. She was later diagnosed with glaucoma and sought damages for permanent eye injuries, asserting that our client deviated from the professional standard of care.

Obtained summary judgment in a skiing collision case, successfully arguing that the plaintiff assumed the risk of his injury by engaging in the sport of downhill skiing. ​The plaintiff, a ski instructor, claimed that while he was skiing on a lower trail, our client was recklessly skiing at an excessive speed down an upper trail when the two collided. There was no evidence that our client was skiing recklessly or speeding just prior to the collision.

The defense prevailed on preliminary objections in Philadelphia County based on lack of jurisdiction over a truck manufacturer. ​The case was originally filed in the federal court, but jurisdiction was found to be improper. If a party is an LLC, citizenship for diversity purposes is determined by the citizenship of the members of the LLC. Our client’s sole member was a Pennsylvania citizen and, therefore, not diverse with a Pennsylvania plaintiff. The case was dismissed and subsequently refiled in Philadelphia County.

Obtained the dismissal of a first-party property insurance lawsuit based on the marring exclusion in the policy. ​Dismissal was prior to any discovery. The plaintiff sought insurance benefits for damage that resulted from an object that was dropped on and damaged interior tile. As a result of the dropped object, the plaintiff claimed $46,004.15 in damages. David argued, and the court agreed, it could be determined from the pleadings that the exclusion applied and discovery was not necessary.

Secured summary judgment in federal court in a bad faith case against a large insurer. ​The case arose from a pedestrian-motor vehicle accident that occurred in 2008 and dealt with the insurer’s handling of the plaintiff’s UIM claim following that accident. The plaintiff was run over by a rollback truck that was being repossessed on behalf of the owner. Because there were conflicting versions of events regarding how the accident occurred, the case went to arbitration on the issue of liability.

Successfully defended a claim for Federal Black Lung benefits filed by a coal miner with over 10 years of employment in the coal mining industry. ​The miner had been awarded benefits by the Administrative Law Judge, but the defense successfully obtained a reversal of the award on appeal to the Benefits Review Board, which remanded the claim for further findings by the judge.

Successfully defended a condominium association in arbitration before the Florida Department of Business and Professional Regulation regarding alleged violations of the Florida Condominium Act. The petitioner’s complaint alleged that the Association willfully violated his statutory rights to inspect and make copies of the Association’s records after repeated certified written requests. After several failed attempts by the Department to have the parties settle their dispute, an arbitration proceeding was held in which multiple witnesses were called to testify for both parties.

Obtained summary judgment on behalf of an international hotel chain in a premises liability slip-and-fall action. ​A patron sued the hotel after he allegedly slipped and fell while walking over a wet carpet mat situated in a hallway leading to the hotel's main lobby.

Successfully defended a Pennsylvania real estate broker who represented the seller in a residential real estate transaction. ​The homeowner-plaintiffs claimed that the seller and our client failed to disclose certain material defects in the property prior to closing. The plaintiffs’ complaint consisted of claims against our client for negligent misrepresentation and alleged violations of Pennsylvania’s Unfair Trade Practice and Consumer Protection Law (UTPCPL) and Real Estate Sellers Disclosure Law (RESDL).