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Matthew J. Wildner

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MJWildner@mdwcg.com

Portrait of Matthew J. Wildner

Matthew is an attorney in the Professional Liability Department, where he represents businesses, directors and officers, design professionals, contractors and homeowners associations in commercial, professional liability, construct defect, architectural, engineering, and employment disputes. 

Litigating in both state and federal court, Matthew devotes a significant portion of his practice to defending design professionals and construction professionals, independently as well as through their insurance carriers, in complex construction defect suits involving a variety of claims, such as building and design-related deficiencies, code violations, negligence, breach of contract and fraud, as well as insurance coverage claims under GL policies. 

Additionally, Matthew represents employers in litigation and provides advice and counsel concerning a variety of employment-related matters, including claims alleging discrimination, wrongful discharge, breach of contract and related tort claims.

Matthew graduated from the University of Florida in 2006, where he received his B.A.  He obtained his juris doctor in 2010 from Stetson University College of Law. Matthew is admitted to the Bar of the state of Florida. He is admitted to practice before the Eleventh Circuit Court of Appeals and the United States District Court for the Southern, Middle and Northern Districts of Florida. Before moving into private practice, Matthew began his career at the Palm Beach County State Attorney's office, where he tried over 70 cases to verdict. Matthew also serves as an officer in the U.S. Army Reserve in the Judge Advocate General's Corps. He is a veteran of Operation Resolute Support, deploying to Afghanistan in 2016.

    • Stetson University College of Law (J.D., 2010)
    • University of Florida (B.A., 2006)
    • Florida, 2010
    • U.S. District Court Middle District of Florida
    • U.S. District Court Northern District of Florida
    • U.S. District Court Southern District of Florida
    • U.S. Court of Appeals 11th Circuit
    • Florida Bar Association
    • Represented General Contractor facing class-action lawsuit with damages claimed to exceed $1 billion. Consulted and managed multiple expert teams to defend against allegations that construction vibrations caused by the client and its subcontractors contributed to the collapse of an adjacent condominium. Representation contributed to amicable early settlement that allowed the insurer to quickly move and spared the client ongoing reputational damage.
    • Represented General Contractor of high-rise condominium complex against the owner/developer who alleged a multitude of construction defects. Drafted a MSJ that reduced scope of claim by close to $1 million and contributed to successful counterclaim. 
    • Represented subcontractor sued by Condominium HOA and General Contractor for subcontractor’s limited scope of work in case containing over 20 parties. Negotiated quick and minor payouts as to all claims which resulted in carrier saving close to $100k in attorney’s fees as opposed to protracted and costly litigation. 
    • Obtained summary judgment in favor of a south Florida municipality. The lawsuit was filed against the municipality by a member of the police department, who alleged unlawful termination due to his Post Traumatic Stress Disorder diagnosis. The suit alleged a breach contract and violations of the Americans with Disabilities Act, Title VII of the Civil Rights Act, and the Family Medical Leave Act. The defense argued that the Plaintiff was not a qualified individual for the position of police officer because he could not perform the essential functions of his job with or without a reasonable accommodation, and that Plaintiff failed to state a claim on the Breach of Contract and title VII claims. The court agreed with the defense on both points and summary judgment was granted. This was a substantial victory for the municipality, the court ruling not only upheld the termination of an unqualified employee but also avoided a potential costly judgment against the Defendant. 

Thought Leadership

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Legal Updates for Real Estate E&O Liability

What To Expect for Real Estate E&O In The Florida 2026 Legislative Session

February 5, 2026

Florida’s 2026 legislative session opens with an unusually heavy real estate agenda. If enacted, proposed measures could reshape transactional practices and expand compliance-driven errors-and-omissions exposure. More than 100 pre-filed bills address real property issues, with a primary focus on ad valorem tax reform, expanded disclosure and inspection regulation, and land-use and association governance changes. While full elimination of property taxes is unlikely, multiple proposals contemplate exemptions or phase-outs for homesteaded properties, seniors, disabled veterans, and first-time homebuyers. These changes directly affect property valuation, affordability analyses, and buyer-facing representations, which are all common sources of E&O claims when tax assumptions or investment projections later prove inaccurate. Several proposed bills also carry direct operational and insurance implications for real estate professionals: Transaction and Inspection Regulation: HB 65 – Requires home inspectors to meet DBPR standards and carry E&O insurance SB 832 / HB 767 – Increased transparency in residential property insurance rate disclosures Zoning and Development: SB 48 / HB 313 – Mandatory local approval of accessory dwelling units SB 208 / HB 399 – Removal of zoning barriers to promote infill development HB 837 / SB 962 – Revised land-use definitions excluding farmland Association and Property Governance: HB 465 / SB 822 – Licensing and contract requirements for community association management firms SB 750 / HB 803 – Limits on municipal administrative fees for private inspections and plan reviews SB 606 / SB 608 / SB 610 – Expanded residential pool-safety requirements E&O Takeaway: The proposed 2026 legislation reflects a shift toward greater statutory regulation of real estate transactions, inspections, disclosures, and property governance. As regulatory requirements expand, liability risk increasingly arises from failure to recognize and implement new compliance obligations, miscommunication of zoning or tax impacts, and reliance on newly regulated third-party inspection services. Brokers, managers, and their E&O carriers should closely monitor enacted provisions and update transaction checklists, disclosure protocols, and client advisory practices accordingly. Legal Update for Real Estate E&O – February 2026, is prepared by Marshall Dennehey 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. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2026 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact MEDeSatnick@mdwcg.com.

Case Law Alerts

Florida increases minimum wage.

April 1, 2022

On September 30, 2022, the minimum wage will increase to $11.00 per hour. This comes after Florida’s minimum wage increased to $10.00 per hour on September 30, 2021 ($6.98 for tipped employees). The state minimum wage will continue to increase $1 per year thereafter until it reaches $15.00 per hour ($11.98 for tipped employees). After which, it will be adjusted annually based on inflation. Section 448.109, Florida Statutes, requires employers who pay their employees the Florida minimum wage to post a minimum wage notice in a visible and accessible place in each establishment where these employees work. In addition to the Florida minimum wage notice, federal law requires employers to post a notice of the federal minimum wage. Florida’s minimum wage notice is available for downloading in English, Spanish, and Creole from the Florida Department of Economic Opportunity’s website at: http://www.floridajobs.org.   Case Law Alerts, 1st Quarter, April 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent 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 © 2022 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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Firm Highlights

Thought Leadership

U.S. Supreme Court Decides Key Issue Regarding Interstate Freight Broker Liability

Freight brokers are intermediaries.  They connect shippers of goods with trucking companies that transport those goods.  Freight brokers match a load of freight with a trucking company and oversee the logistics of the transportation. For a number of years there has been a division among the Federal Circuits regarding the potential liability of freight brokers when the trucking companies that they retain for interstate loads are involved in accidents.  At the center of this division was the Federal Aviation Administration Authorization Act of 1994 (FAAAA).  Some Federal Circuit Courts have held that state law negligent hiring claims against freight brokers were preempted by the FAAAA .  Other Federal Circuits Courts have held that even if preemption applied, the “safety exception” in the FAAAA saved state law negligent hiring claims from federal preemption.  On May 14, 2026, the U.S. Supreme Court addressed the conflict in Montgomery v. Caribe Transport II, LLC, et al, No24-1238. In that case freight broker C.H. Robinson selected Caribe Transport to haul an interstate load. The commercial truck driver employed by Caribe Transport allegedly caused an accident and the plaintiff, Montgomery, was seriously injured. Montgomery brought an action against the driver, Caribe Transport and C.H. Robinson. The allegation against C.H. Robinson was that it negligently retained Caribe Transport when it knew, or should have known, that it was an unsafe company. The Seventh Circuit Court of Appeals held that Montgomery’s claims against C.H. Robinson were preempted by the FAAAA. The plaintiff appealed to the U.S. Supreme Court.  The U.S. Supreme Court’s decision focused primarily on the safety exception in the FAAAA.  That provision provides that the FAAAA preemption “…shall not restrict the safety regulatory authority of a State with respect to motor vehicles.” C.H. Robinson argued, as freight brokers historically have, that their function was not “with respect to motor vehicles” because they do not own trucks or employ drivers. They are merely intermediaries, connecting entities who need freight moved with entities who can do that job. Therefore, C.H. Robinson argued that preemption applied, not the safety exception. The U.S. Supreme Court did not accept that argument. The Court focused on the meaning of the phrase “with respect to” in the safety exception. The Court held that it means “referring to”, “concerning” or “regarding”. Therefore, writing for a unanimous Court, Justice Barrett concluded that “[r]equiring C.H. Robinson to exercise ordinary care in selecting a carrier therefore “concerns” motor vehicles—most obviously, the trucks that will transport the goods. So, Montgomery’s negligent-hiring claim falls within the FAAAA’s safety exception, which saves it from preemption.” Justice Kavanaugh, in his concurring opinion, noted the effect this ruling may have on freight brokers and their insurers throughout the country: Importantly, the Court's decision today should not be read to mean that brokers will routinely be subject to state tort liability in the wake of truck accidents. As even plaintiff's counsel stressed, brokers should be able to successfully defend against state tort suits if the brokers have acted reasonably and arranged transportation with reputable trucking companies. Tr. of Oral Arg. 27-29. In plaintiff's counsel's words, the brokers "just have to hire carriers that actually have a reasonable policy," and "the broker is not going to have a problem if it's asking the hard questions of the carrier." Id., at 42, 45. In addition, the proximate-cause requirement in typical state tort law should help protect brokers from excessive liability. Id., at 25. That said, the brokers rightly caution against naivete. In the real world, as the brokers forcefully respond, state tort law can be unpredictable, and the costs to brokers of litigation and insurance may be significant even when brokers prevail in lawsuits. Moreover, the costs of litigation and insurance, as well as the costs of brokers' conducting more substantial inquiries into trucking companies, will cascade through the economy and be paid in part by American consumers in the form of higher prices. The concerns expressed by the brokers are legitimate and weighty. The key point here is that freight brokers can no longer claim they are protected from negligent retention claims by the FAAAA (in cases involving interstate transportation). The challenge will be to determine what is considered ”reasonable efforts” used by brokers when retaining transportation companies. 

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Event

29th Annual FDLA Florida Liability Claims Conference

Jim and Erica will team up to present, "Supporting the Next Generation: Connecting with Associates." This panel-style presentation will explore communication best practices from the perspective of a senior shareholder and newer associate. The discussion will focus on the communication styles of different generations and effective strategies to avoid communication breakdowns. Topics to be discussed include the hiring process, perceptions of defense work among newer lawyers, work-life balance issues after hiring, and mentoring.

News

Christina Gonzales To Speak at the Women of Color Roundtable at DRI’s Diversity and Inclusion Seminar

Thought Leadership

Marijuana Legalization and Workplace Risk: What New Jersey Employers Need to Know

While the legalization of recreational marijuana usage poses a risk of increased work-related accidents for younger workers, employers can work to curb this increase by investing in education, effective drug policies, and employee assistance programs.

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Thought Leadership

PA Middle District Dismisses Claims Against School District and its Superintendent, Principal, Special Education Director, and Classroom Teacher

A five-year-old special education student was enrolled in the Wyoming Valley West School District and attended the State Street Elementary School during the 2024-2025 school year. The student refused to clean up classroom toys at dismissal. When his teacher allegedly grabbed him by the wrist to walk him back to his seat, the student dropped to the floor and began crying. The teacher then allegedly grabbed the student by the ankle and dragged him across the floor. Following an investigation, criminal charges were not advanced by the county DA, and the school permitted the teacher to return to the classroom. The student’s parents sued, lodging thirteen legal counts under both state and federal law, which sought monetary damages from the teacher, the school district, the superintendent, the principal, and the director of special education. The plaintiff’s 42 USC 1983 claims were dismissed as to the school district for failure to allege a policy or custom violation, and the failure to alleged deliberate indifference in the failure-to-train context. As to the superintendent, building principal, and special education director, the Section 1983 claims were also dismissed for failure to allege personal involvement on the part of the individuals. Regarding an equal protection claim asserted against all defendants, the motion to dismiss was also granted for a failure to advance a plausible equal protection claim, holding that “plaintiffs' single-act allegations do not include a factual basis to even infer that the act was motivated by discriminatory animus rather than some other non-discriminatory impulse.” The court further dismissed the plaintiff’s negligence-based claims including negligence against the teacher and district administrators, NIED, and vicarious liability under the Political Subdivision Tort Claims Act (PSTCA). The federal claims under the IDEA, Section 504, and the ADA were also dismissed in various respects. The IDEA claim was dismissed against all defendants with prejudice for failure to exhaust administrative remedies. The Section 504 claims against the individual defendants were also dismissed with prejudice, as districts, not individuals, are the recipients of federal funds under Section 504. However, the Section 504 and ADA claims were dismissed without prejudice as to defendant Wyoming Valley West, and the plaintiff was permitted leave to amend.

graphic with Maria Granaudo photo text announces she has joined the firm as a shareholder in the Health Care Dept.

News

Maria R. Granaudo Joins Marshall Dennehey’s Wilmington Office As a Shareholder in the Health Care Department

News

John J. Hare Featured in Pennsylvania & Delaware Super Lawyers Magazine