Results

Our client was a lawyer whose former client obtained a building permit to expand his beach house. When the construction was almost complete, the town issued a stop work order on the basis that the construction did not conform to the plans filed with the town. Our client determined that someone employed by the town had altered the plans. Our client filed an answer and counterclaim.

We obtained a favorable decision from the Third Circuit Court of Appeals in a data breach class action lawsuit. The plaintiffs and the proposed class members were employees and customers of an on-line prescription drug company. The company was allegedly a victim of a hacking incident in which W-2 and other personal information of employees and customers were compromised. In 2015, our client’s motion to dismiss was granted on the basis that no implied contract existed with the entities for privacy protection and the negligence claims were not available under Pennsylvania law.

We obtained summary judgment in a declaratory judgment action filed on behalf of an insurer in the United States District Court for the Western District of Pennsylvania. ​At issue was whether coverage (and an ensuing duty to defend) had been triggered under a CGL policy in connection with an underlying breach of contract action. The insured was a subcontractor who had performed work on a boiler, which had been installed as part of a larger construction project at a municipal authority’s wastewater treatment facility.

We achieved voluntary dismissal upon preliminary objections in a commercial litigation case. The plaintiff, a towing company located in Western Pennsylvania, towed a vehicle at the request of the Pennsylvania State Police after a single vehicle rollover accident.

We successfully obtained summary judgment and final judgment in a construction defect matter. A condominium association brought multiple claims against a general contractor and developer. In turn, the contractor brought third-party claims against our client, the foundation subcontractor, for common law indemnity, contribution, contractual indemnity and breach of contract. The court ruled there was no special relationship between a subcontractor and a general contractor and, therefore, no common law indemnity.

Obtained a defense verdict in a complicated medical malpractice case in Ohio. We represented a radiologist who interpreted a brain MRI for a woman who was believed to have suffered a Transient Ischemic Attack. The radiologist did not report any significant abnormalities on the brain MRI, but the patient went on to have a devastating stroke six weeks later. The co-defendants were the family physicians who ordered the brain MRI and who did not order a carotid artery study, which is the study of choice to determine the source of a TIA.

Obtained a defense verdict in a medical malpractice case in the U.S. District Court for the Middle District of Pennsylvania. ​The plaintiff alleged to be permanently disabled and in a wheelchair, requiring home health care for the rest of her life, as a result of an Emergency Room physician’s failure to timely diagnose and treat a viral infection involving the 7th and 8th cranial nerves (Ramsay Hunt Syndrome). We represented the ER physician, his employer (who staffed the ER) and the hospital.

We received a significant victory in a highly-contested food poisoning case. ​The plaintiff had eaten at a national Italian restaurant chain the night before scheduled back surgery. Post-surgery, the plaintiff became ill, and a blood test revealed a bacteria consistent with food poisoning, which had an incubation period of seven days.

Obtained summary judgment in a maritime case, dismissing the plaintiff’s complaint and the defendants’ cross-claims against The City of New York and the New York City Economic Development Corp. (NYCEDC). ​The suit was for personal injuries sustained to a dock builder. The City is the owner of the East River Ferry Landing’s Project at a pier on East 34th Street in Manhattan. The NYCEDC acted as The City’s project manager. Suit was brought under the New York State Labor Law Sections 240, 241(6) and 200, as well as common law negligence.

The plaintiff had four surgeries to a severely broken ankle after a fall on ice and snow. The plaintiff sued the landlord, PSDC and the snow removal company. Demands were in excess of the policy for $2.6 million. We represented the landlord and argued the Hills and Ridges Doctrine. In a rare occurrence, the Philadelphia Court of Common Pleas agreed with us