Cases
Significant Representative Matters: Defense verdict after trial on the plaintiff's statutory claims seeking recovery on an allegedly dishonored check issued by our client.
Defense verdict in legal malpractice action where the plaintiff alleged dissatisfaction with the settlement of an environmental
property lawsuit.
Obtained an involuntary dismissal at close of plaintiff's case in a trucking case arising out of the recovery of a wreck on the Pennsylvania Turnpike.
Successfully represented an insurance broker in a malpractice action arising out of Superstorm S
y. After a week of trial
the barring of testimony be plaintiff's damages expert, the plaintiff accepted a settlement proposal on the client's terms.
Successfully represented a solar energy contractor in a breach of contract suit involving the installation of solar panels on numerous public schools in the State of Hawaii. The matter was tried for over three weeks by a three person binding arbitration panel. After the conclusion of our case in chief, the plaintiff accepted a settlement upon our client's terms.
Republic Franklin Ins. Co. v. Brethren Mut. Ins. Co., 824 Fed. Appx. 132 (3d Cir. 2020). The Third Circuit affirmed summary judgment in favor of our client on the scope of additional insured coverage for liability arising out of the use of the leased premises. Applying Pennsylvania's 'but for' causation st
ard, the court held that the customer would not have slipped in the parking lot but for her patronage of the gas station
store, thus finding the incident fell within the coverage provided by the additional insured endorsement.
Shirey v. Turner, 2017 WL 1709811 (E.D.Pa. 2017). District Court granted our motion to dismiss for improper service
lack of personal jurisdiction. Our client lived
worked in Las Vegas
never visited Pennsylvania. The Court noted that even though our client admitted receiving faxes
calls from the plaintiff, those communications alone were irrelevant for purposes of establishing jurisdiction. With no other relevant contacts to the forum, the Court found no jurisdiction to exist.
Mattson v. Aetna Life Ins. Co., 653 Fed. Appx. 145 (3d Cir. 2016). Affirming dismissal of the plaintiffs' action under the NJ Civil Rights Act alleging communications from the insurer following submission of hospital bills arising from an auto accident were improper requests for payment. The Court held that the NJ Collateral Source Statute
Automobile Insurance Cost Reduction Act were not meant to benefit insureds,
neither were actionable under the CRA which only provided a cause of action for deprivations of certain rights protected by state law.
Morse v. Kaplan, 468 Fed. Apx. 171 (3d Cir. 2012). An attorney-debt collector was sued in a purported class action, Fair Debt Collection Practices Act claim arising from debt collection letters sent on behalf of her client. The District Court granted our motion for summary judgment finding no violation of the FDCPA which was affirmed by the Third Circuit Court of Appeals. Plaintiff had contended that the debt collection letters were false
misleading in violation of the FDCPA. The Third Circuit, applying the 'least sophisticated consumer' st
ard to the debt collection letters sent out by the attorney on behalf of her client agreed with our position that the letters at issue were neither false nor misleading because they were written in the first person 'I shall' throughout, it was clear that it is the attorney-debt collector who will assume the debt is valid if there is no response to the letter within 30 days,
the letter is not required to inform the debtor that the debt collector will provide the debtor with the name of the original creditor when, as was the case here, the creditor is the original creditor.
Boro Construction, Inc. v. Lenape Reg. High School Dist. Bd. of Edu. v. Digeronimo/Mikula Assoc., 445 Fed. Appx. 498 (3d Cir. 2011). General contractor on project to construct a 400-meter running track for school district filed suit against the district alleging breach of contract. The school district filed a third party complaint against our client, the track designer, alleging that track failed to meet specifications. Specifically that it was not 400 meters. On appeal after trial in the district court, the Third Circuit affirmed judgment in favor of our client. The trial court found that the school district's expert made a surveying error from which it concluded that the track did not meet specifications. As a result, the district had the track resurfaced
relined. The trial court rejected the district's expert
credited DiGeronimo's testimony that the track as originally laid out
lined was 400 meters
met all contract specifications.
West v. American Honda Motor Co., 2008 WL 4104683 (D.N.J. 2008). The district court granted our motion to dismiss on behalf of Honda for insufficiency of services of process
because the plaintiff failed to set forth a claim under the NJ Product Liability Act.
Maiale v. Procaccino, 2005 WL 3675330 (Pa.Com.Pl. 2005). Affirming the trial court's grant of summary judgment in favor of our client after baring plaintiff from presenting testimony of any expert witnesses.
Published Works: 'The Need for Clarity in Counseling Customers,' Legal Updates for Insurance Agents & Brokers, November 2018
Contributing Author, IP Claims Quarterly, 2017-present
