Successful defense of school district in a special education due process matter.

The case involved a middle school student diagnosed with epilepsy and ADHD. Throughout middle school, the student was accommodated for his medical conditions through a 504 Service Agreement, and was provided intensive, small group instruction in reading and math as he struggled in those areas. The student was evaluated for special education twice by the school district, at the parents’ request, because they believed he might have a learning disability.

Successful defense of Yellow Freight motion.

We established that the employer was never served with the notice of assignment of the claim petition to a judge. While the claimant’s attorney had properly served the claim petition itself on the employer, we correctly argued that it is the notice of assignment that triggers the employer’s obligation to file an answer within 20 days. We were able to prove that the employer’s address on the notice of assignment had the wrong zip code and that the employer was never served. Therefore, the judge found that the employer had a reasonable excuse for its late answer to the claim petition.

Successful representation of attorney at center of ethics investigation.

Our client represented a plaintiff in a personal injury action. The personal injury plaintiff had signed a lien letter, agreeing to repay her physical therapist from the proceeds of the personal injury claim. After the case settled, our client reimbursed the physical therapist for less than the amount billed by the therapist, who filed the ethics complaint. We successfully argued that our client was representing the best interests of his client, who claimed the bills were excessive. By doing so, the attorney increased the recovery for his client.

Summary judgment achieved in first-party coverage lawsuit.

We won summary judgment in the U.S.D.C. for the Middle District of Florida in a first-party coverage case challenging the prompt notice of an insurance claim. The plaintiff alleged extensive damage to the insured premises, including the alleged need to tear out and access the cast iron plumbing for its full replacement following a toilet overflow at the property. The plaintiff failed to report the loss for 20 months following the alleged date of loss.

Summary judgment for insurer in UIM recovery case.

We prevailed on a motion for summary judgment with respect to the applicability of a UIM “step down” clause. Following an accident with an underinsured tortfeasor, the underlying plaintiff sought UIM recovery under three policies, including one issued by our client with limits of $500,000. The defense successfully argued that our client’s UIM limits of $500,000 “stepped down” to the $100,000 UIM limits of the plaintiff’s own policy, pursuant to our client’s policy language. The Superior Court of New Jersey, Morris County, granted our motion. 

Township granted Rule 12 motion to dismiss.

We successfully obtained from the U.S. Court of Appeals for the Third Circuit affirmance of a district court order granting a township’s Rule 12 motion to dismiss. The panel agreed with the appellees and concluded the District Court exercised proper discretion in dismissing the complaint since the plaintiffs failed to assert under 42 U.S.C. § 1983 plausible claims of federal constitutional violations.

Township immune from liability pursuant to Pennsylvania’s Political Subdivision Tort Claims Act.

We obtained summary judgment in favor of a township client. The Court of Common Pleas of Bucks County entered judgment as a matter of law in favor of the township, dismissing with prejudice the plaintiff’s negligence and negligent supervision claims. Counsel argued, and the court agreed, the township was immune from liability pursuant to Pennsylvania’s Political Subdivision Tort Claims Act, 42 Pa. C.S. § 8541 et. seq.

Workers’ comp claim dismissed for lack of jurisdiction and coverage for an occupational accident policy carrier.

The petitioner filed a claim petition within the New Jersey Division of Workers’ Compensation seeking benefits and alleging employment with a trucking company. However, the petitioner had previously obtained an occupational accident policy in the role of an independent contractor. When filing the workers’ compensation petition, counsel for the petitioner erroneously named the occupational accident policy carrier as carrier for the trucking company.