On the Pulse...Profile of Our Wilmington, Delaware Office

by Kevin J. Connors, Esq.*

It is hard to imagine that over eight years have passed since I was asked to write about the Wilmington, Delaware, office of Marshall Dennehey Warner Coleman & Goggin. I do so now with great pride in the invaluable contributions that our attorneys have provided over the years, and continue to provide to our clients. Marshall Dennehey opened its Delaware office in 1995 as a natural forum for expansion of the firm's multi-faceted defense practice. Delaware, the home of many Fortune 500 companies incorporated here and widely viewed by, among others, the United States Chamber of Commerce as having the best courts in the nation, has provided Marshall Dennehey with a plethora of opportunities to serve its national, regional and local clients. Since the Delaware office was opened by me, a native Delawarean, almost two decades ago, the Wilmington office has expanded in a measured and stable fashion to a roster of 26 attorneys, who are assisted by 8 paralegals and 22 administrative and support co-workers. Marshall Dennehey's Wilmington office is now the largest law firm in Delaware devoted largely to defense litigation.

A further word about Delaware is in order. Our attorneys in this office are fortunate to work in a state that actively embraces and presses a spirit of civility in litigation and transactional matters and camaraderie within the Bar. In addition to their courtroom interactions, attorneys and judges convene professionally outside the courtroom at the well-attended Bench and Bar Conference in June of each year and in the various Inns of Court in which our Delaware attorneys actively participate. We serve as panel members in seminars on Delaware and national law with members of the state judiciary and Bar on a routine basis. We are members of national and local defense groups, including the Defense Research Institute, Trial Attorneys of America, Defense Counsel of Delaware and Delaware Claims Association.

Since its inception in mid-1995, the firm's Delaware office has been located on two floors at 1220 North Market Street in downtown Wilmington. This location is just five blocks from the recently renovated federal courthouse for the United States District Court for the District of Delaware and seven blocks from the new New Castle County Courthouse. Wilmington continues to revitalize its downtown. There is increasing commercial and residential activity around the Christina River waterfront, which is home to the Delaware Blue Rocks minor league baseball team and the Riverfront Convention Center.

Delaware's size enables our attorneys to practice in each of its three counties, New Castle, being the northernmost, where Wilmington is located, Kent in mid-state where Dover, the state capitol, is located, and Sussex, the southernmost, where Georgetown, the county seat, is located. Delaware is fortunate in that all of its county courthouses are either new or very recently renovated, which gives our attorneys and their clients an ability to litigate in settings that have up-to-date technical capacity. Our Delaware attorneys litigate at the federal level in the United States District Court for the District of Delaware and Court of Appeals for the Third Circuit and at the state court level in the Supreme Court of Delaware, Chancery Court, Superior Court, Court of Common Pleas, Justice of the Peace Courts and before the Department of Labor, the Industrial Accident Board in Wilmington and Milford, and other boards and commissions of specific jurisdiction. Delaware, like many other jurisdictions, requires out-of-state counsel to associate with Delaware attorneys. Thus, our Delaware lawyers are regularly requested to assist as local counsel in these courts, as well as in Delaware federal Bankruptcy Court, one of the nation's busiest bankruptcy forums, where we defend clients in adversary and preference actions, both as lead and local counsel.

Like the Marshall Dennehey firm in general, the Delaware office has four general practice departments: Casualty, Health Care, Professional Liability and Workers' Compensation. Each of these departments, in turn, has multiple sub-practice areas. I serve as the managing shareholder and oversee the four general practice departments. A former law clerk for the Supreme Court of Delaware, I have over 30 years of defense litigation experience with a significant experience in product liability litigation. Until recently, I also served as chair of the Delaware Casualty Department, a position now assumed by Armand Della Porta. In addition to serving as chair of the Delaware Casualty Group, Armand also serves as assistant managing attorney. Armand has years of experience in asbestos litigation. He has also served as president of the Defense Counsel of Delaware.

The Casualty Department is the largest of the practice groups in the Delaware office. In addition to myself and Armand Della Porta, shareholders Tom Gerard and Tracy Burleigh have many years of experience in defending construction casualty, automobile, premises liability, first-party benefits and lemon law cases. Shareholder Elizabeth Saurman brings significant experience in public sector liability, motor vehicle and first-party benefits law. Gary Kaplan, a shareholder, handles high-exposure personal injury and property damage cases and possesses significant skill in asbestos litigation. Senior associate Ana McCann assists Armand Della Porta closely in the defense and management of a fast-moving roster of asbestos cases. Kimberly Abeel handles a wide variety of casualty cases as a senior associate and supports me in the defense of serious personal injury litigation. The practice of senior associate Douglas Walsh is devoted to the defense of Delaware's public transit agency. Associate Nichole Warner assists Tom Gerard with his serious casualty matters, while maintaining a caseload of premises liability and motor vehicle cases. Associates Jessica Tyler and Sarah Roberts ably support the defense of asbestos matters, assist Gary Kaplan and separately handle their own casualty cases. Associate LeeAnn Wurst recently joined the Casualty Department and assists Tracy Burleigh and Elizabeth Saurman.

Our Health Care Department is overseen by shareholder Bradley Goewert. Brad is an accomplished medical malpractice defense litigator with 25 years of litigation experience in Delaware, Florida and Pennsylvania. Brad and his team have an impressive string of defense verdicts. Fellow shareholders Lorenza Wolhar and Thomas Marcoz add a wealth of depth to the Delaware medical malpractice defense team. Indeed, each possesses a nursing degree. Joshua Inkell is the newest member of the Health Care Department.

The Delaware Professional Liability Department is headed by shareholder J. Scott Shannon. Scott handles professional liability cases involving professional disciplines, including construction defect, architects/engineers and legal malpractice cases, complex litigation matters and zoning matters, among others, and he is an accomplished brief writer. Scott is ably assisted by associate Art Aranilla, who himself possesses additional expertise in real estate law. Significantly, the Delaware office recently welcomed former Delaware Attorney General Richard Wier, Jr. to its Professional Liability Department. Dick is an accomplished, respected and experienced litigator. He has been recognized as such in numerous publications. Dick focuses in employment litigation and the defense of white collar crime matters. However, he also provides invaluable counsel to the firm's clients in non-litigation employment and health care transactional matters. Dick's years of public service enable him to contribute important insights into the world of Delaware local and regional politics. Associate Shannon Brainard joined Dick at Marshall Dennehey and works closely with him in all aspects of professional liability and employment practice.

The Workers' Compensation Group is one of the largest in Delaware. Led by shareholder Jessica Julian, our workers' compensation attorneys defend insureds and self-insureds before the Industrial Accident Board and handle appeals in our appellate courts. Jessica is joined by shareholders Paul Tatlow and Linda Wilson, special counsel Kimberly Harrison and senior associate Keri Morris. Our workers' compensation attorneys regularly provide seminars to employers, workers' compensation claims professionals and Delaware attorneys on a variety of timely topics.

The firm's Delaware attorneys and support personnel recognize that expedient and responsive client service are the keys to the success of our partnership with our clients. We strive to adhere to client guidelines while at the same time providing efficient and timely counsel and pressing the vigorous defense of our clients' causes. We manage litigation to achieve dismissals or favorable outcomes at all times. We try cases when they should and must be tried.

The attorneys in the Wilmington office of Marshall Dennehey possess a wealth of legal knowledge, litigation experience and a keen understanding of Delaware's unique local practice to afford the firm's clients the highest level of professional representation. We are ready to assist in all aspects of defense litigation and non-litigation counsel and support and welcome the opportunity to serve you in the future.

*Kevin is a shareholder and the managing attorney of our Wilmington, Delaware, office. He can be reached at 302.552.4302 or kjconnors@mdwcg.com.

Defense Digest, Vol. 19, No. 3, September 2013

Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2013 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.