Litigation

OVERVIEW

The Litigation group provides exceptional legal representation to a wide range of business and industry groups, including energy, waste hauling, construction, emergency services, funeral services, restaurants, property management, financial institutions, and colleges and universities that are insured or self-insured.

Our lawyers provide sophisticated representation during all phases of tort and related business litigation in both federal and state courts in Pennsylvania, Delaware, New Jersey, New York, Massachusetts, and in other states pro hac vice. The group has a significant record of demonstrated success in jury and bench trials and on appeal. Clients trust our lawyers with their most complex catastrophic loss and "bet-the-company" cases.

Our extensive legal and industry experience enables us to provide clients with cost-effective, focused and aggressive representation during the pre-trial phases of litigation, early resolution, alternative dispute resolution, and at trial. This includes counseling on litigation avoidance; preparation for litigation, including e-discovery issues, litigation holds, critical incident response and preservation of evidence; latent and root cause analyses; and advice on best practices in general claims handling procedures.

Our trial teams handle a diverse range of personal injury, property, and contract claims including:

First and Third Party Auto Defense
Over-the-Road Trucking
Department of Transportation Compliance
Premises Liability
Negligent Security
Dram Shop Actions
Emergency Services
Waste Removal and Recycling
Plant and Construction Accidents
Defamation
Contractual Indemnification
Bad Faith

Trial Practice

Our Trial Group is a connected network of seasoned trial lawyers who have a record of achievement in trying and winning complex catastrophic loss and “bet-the-company” cases before juries, judges and arbitrators. The group employs an interdisciplinary approach that draws upon industry-specific groups and outside professionals to achieve successful outcomes by deeply analyzing complex legal and factual issues, developing expert witness evidence, and making the complex simple to deliver effective themes and arguments that resonate with the jury or ultimate fact-finder.

The group has earned the trust of clients through not only its accomplishments but also in understanding that successful outcomes require that trial preparation begins at the outset of a dispute in order to better leverage all available defenses and claims. This trial-ready mentality best positions the firm’s clients for successful outcomes in and out of the courtroom.

With more than 50 lawyers at the ready, our trial team can staff multiple complex trials at any given time and has been retained at multiple points along the life cycle of a case. The group's deep experience and broad industry knowledge allows us to understand nuance and craft industry-specific strategy. We have a thorough understanding of jurisdictional issues and how they can impact outcome.

Catastrophic/Excess Liability

When it comes to catastrophic claims, our lawyers are regularly called in at any point in the claim or litigation process to rapidly respond to the urgent needs of clients throughout the country in matters that take place in state and federal courts. Our trial-tested lawyers immediately analyze the multiple issues, develop factual and expert evidence and formulate a strategy with a constant view towards trial. This approach provides our clients with a multitude of options, which ultimately saves them time and money as every case is fully prepared for trial.

Our team of lawyers responds to catastrophic personal injury claims involving wrongful death, cognitive impairment/brain injury, quadriplegia, paraplegia or psychological injury. In addition, our lawyers commonly involve themselves in catastrophic commercial or property damage losses involving business interruption, lost profits, business torts, libel, slander, destruction of business and inventory loss.

Our clients are located nationally and include insurance carriers, self insured entities, commercial property owners, manufacturers, transportation companies and healthcare facilities as well as business owners.

Our lawyers also provide counseling immediately after a catastrophic event occurs so they can guide the client through any regulatory inquiry and protect evidence such as witnesses, products, documents and electronic data. Counseling is often times a critical activity to preserving and developing evidence for trial.

Insurance Fraud

Utilizing an interdisciplinary approach, we draw upon varied experience to counsel a wide variety of insurance clients, including life, disability, homeowners, personal property, commercial, general casualty and mutual insurance carriers. We concentrate on cases of suspected fraud and we're dedicated to meeting insurers’ needs in confronting fraudulent or exaggerated claims.

Members of our group aggressively resist fraudulent claims. We understand the red flags of insurance fraud including late notice of claim, exaggeration of damages and loss, impeding access to basic claim information, criminal conduct and the like. We also understand the need to vigorously press as a plaintiff, where appropriate, policy rescission and damages when fraud exists in the insurance application or in the claim.

COMMERCIAL AND PROPERTY DAMAGE CLAIMS

Our attorneys work with insurance carriers investigating and resisting unfounded commercial and property losses, before and after litigation, on the basis of application misrepresentation, arson, concealment and fraudulent claim presentation. We understand the science of fire origin as it relates to arson, as well as basic accounting as it relates to business interruption coverage. With experience in closely related coverage issues arising under statutes and policy terms, our group handles claims arising from business interruption, jewelry theft, inland marine and other specialized property forms.

INSURANCE FRAUD COUNSELING AND COMPLIANCE

With the mounting pressure on State insurance regulators to reduce insurance fraud, suspected fraud has gained increasing importance in the insurance industry. Since insurers are required under the anti-fraud law to set up specialized insurance fraud units, we have policies and procedures to work in tandem with our clients in these matters. Our lawyers have experience in counseling clients on the impact of anti-kickback and anti-referral laws on healthcare transactions and arrangements, compliance with insurance fraud statutes and defending against State investigations into potential compliance violations. We develop a partnership with our clients to insure compliance.

LIFE, HEALTH, DISABILITY AND HEALTH INSURANCE CLAIMS

We have extensive experience in the defense of life and disability insurance claims, including fraudulent claims for benefits. We vigorously press the defenses of fraud in the application, fraud in the claim, first manifestation of sickness, legal disability and loss of professional licensure unrelated to disability, insurable interest, ERISA pre-emption, and pre-existing condition. Additionally, our group uses the Pennsylvania Insurance Fraud Prevention Act to pursue civil remedies for insurance fraud when there are material misstatements in the insurance application or in the claim. Our group seeks attorney’s fees, costs, and treble damages, where appropriate, and prosecute insurance fraud, on the civil side, through the Fraud Prevention Act.

THIRD-PARTY PERSONAL INJURY CLAIMS

Our team is equipped to handle third-party personal injury cases where fraud is suspected. Cases involving staged accidents, fabricated injuries and exaggerated damages are vigorously defended. Emphasis is placed on intensive tailored discovery, a thorough workup of all aspects of the file, and an aggressive trial of the case to establish insurance fraud in the claim. The Insurance Fraud Prevention Act provides our clients with the opportunity to counterclaim for damages, including the costs of the investigation and attorneys fees, which is pursued when appropriate.

Representative Matters

Fatal accident between ambulance and motorcyclist due to alleged negligent vehicle operation, training, supervision and entrustment of vehicle to driver by ambulance company; 28 year-old father of 3 year-old and pregnant wife; $15 million demand; negotiated settlement for $5 million after extensive investigation, discovery and expert review (Delaware County Court of Common Pleas)
Premises liability case in which custodian at a mall tripped near a commercial trash compactor due to alleged defects in the compactor and the concrete pad on which it was placed; plaintiff suffered a traumatic brain injury, fractured nose and hip and an inguinal hernia; $2 million demand; obtained the voluntary dismissal of the compactor vendor prior to trial after extensive investigation, discovery and expert review (Philadelphia County Court of Common Pleas)
Funeral home action involving alleged negligent embalming, mishandling and transport of remains causing advanced decomposition prior to funeral; multiple tort and intentional tort claims with punitive damages demanded; obtained dismissal of case on preliminary objections (Lehigh County Court of Common Pleas)
Obtained a unanimous defense jury verdict on behalf of a regional material handling service and supply company after a six-week trial involving wrongful death and survival claims with a demand of $15 million. Plaintiff alleged damages arising from negligent maintenance of a pallet truck involved in a warehouse accident. (Superior Court of N.J., Camden County)
Premises liability case in which off-duty police officer fell into a trash pit at a public trash transfer station; plaintiff sustained fractured cervical and thoracic vertebrae and a torn rotator cuff requiring multiple surgeries and rendering him unable to return to law enforcement work; $2.5 million demand; settled case at mediation for $850,000 (Philadelphia County Court of Common Pleas)