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Stuart T. O’Neal and M. Sean Maravich obtain a defense verdict for a hospital client in Philadelphia County

Members Stuart T. O’Neal and M. Sean Maravich obtained a complete defense verdict on behalf of Chestnut Hill Hospital in the Court of Common Pleas of Philadelphia County. The trial, which lasted close to two weeks, was presided over by the Honorable Denis P. Cohen. The matter was a professional liability and medical malpractice matter, with direct claim of corporate liability against the hospital as well.

Note: The results obtained in a particular case are heavily dependent on the facts and the law specific to that case.

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Superior Court of Pa. reverses trial court decision ruling in favor of Burns White client demanding specific performance for purchase of real estate

The Superior Court of Pennsylvania recently reversed a decision by the Court of Common Pleas of Butler County denying our client’s post-trial motion to remove a compulsory non-suit in a breach of contract claim asking for specific performance. Our client entered into a sale of real estate contract for the purchase of a 71-acre tract of land located in Butler County. The client brought an action in the Court of Common Pleas when the sellers refused to close on the transaction and convey the property to the client. The lawsuit sought the remedy of “specific performance,” meaning that he was seeking the Court to order the sellers to transfer the property to our client. Following a non-jury trial, the Court of Common Pleas ruled that a valid contract existed and that it had been breached, but granted a non-suit on the client’s claim for specific performance, ruling that our client had not proven that a remedy of money damages would be inadequate as a matter of law.

After the trial court denied the post-trial motion to remove the non-suit, the client retained Burns White to handle the appeal to the Superior Court. Our team, led by Member Ira L. Podheiser, argued that the trial court abused its discretion after finding a valid and enforceable contract of sale, but not granting specific performance directing transfer of the property. The Superior Court agreed, and in a unanimous, published opinion, found that the trial court erred in denying specific performance, the appropriate remedy, when our client clearly established that his remedy at law was inadequate given the circumstances. In addition, the Superior Court clarified and reaffirmed the long-established doctrine holding that “land is unique,” and that specific performance for a purchaser of real estate was the normal remedy for a breach and should only be denied if it would be “inequitable” to do so. As a result, the Court reversed the judgment, and remanded for the entry of judgment on the client’s claim for specific performance.

Note: The results obtained in a particular case are heavily dependent on the facts and the law specific to that case.

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Burns White adds four professional liability attorneys with a healthcare industry focus to its Pittsburgh office

PITTSBURGH, Jan. 27, 2016 — Burns White hired Joseph A. Macerelli and John A. Bass as Members, as well as Ralph M. Monico and Russell D. Giancola as Associates to its Pittsburgh office. Formerly from Grogan Graffam, P.C., all four are experienced trial attorneys with a professional liability focus serving the healthcare and legal industries.

This marks the firm’s second lateral hire in the professional liability area of practice in the past six months. At the end of August 2015, Burns White brought on board legal malpractice defense Members James R. Schadel and Scott R. Eberle. The firm furthered its local bench strength through merging with boutique litigation firm Dapper, Baldasare, Benson, Behling & Kane, PC at the beginning of this year.

“We’re committed to growing and adapting our practice offerings with top-notch talent to meet our clients’ evolving legal and business needs in Pittsburgh and beyond,” said Executive Committee Member David B. White. “We’re very pleased to have Joe and his esteemed team joining the firm—which will greatly complement our expanding professional liability practice.”

“For us, it was just the right time to connect with Burns White,” said Mr. Macerelli, Former Chair of Grogan Graffam’s Professional Liability Group. “From the breadth and scope of practice offerings to the geographic footprint, there’s just amazing growth potential.”

Following are highlights of each attorney’s background:
Mr. Macerelli concentrates his practice in the areas of medical malpractice and other professional liability, personal injury, insurance and products liability defense. A seasoned trial attorney, he has more than 35 years of experience representing medical professionals, hospitals and other healthcare providers in state and federal courts. Mr. Macerelli is Past President of the Academy of Trial Lawyers of Allegheny County and the Pennsylvania Defense Institute. He also held a three-year term as the Pennsylvania State Representative for the Defense Research Institute.

Mr. Bass also focuses in medical malpractice and nursing home defense. An experienced trial attorney, Mr. Bass has successfully defended hospitals, physicians and other healthcare providers in a wide range of matters in both common pleas and appellate courts of Pennsylvania. He is an appointed member of the Academy of Trial Lawyers of Allegheny County, as well as a board member of the Neighborhood Legal Services Association. In addition, Mr. Bass is a former member of the Allegheny County Bar Association’s Civil Division Council.

Mr. Monico is experienced in a wide range of commercial and civil litigation, with a focus in professional liability defense and licensure matters. He has also defended numerous clients in premises liability, automobile insurance law, products liability, construction litigation, excess indemnity liability and other insurance defense and insurance coverage litigation. In addition, Mr. Monico has represented school districts, a borough and several municipal authorities in a variety of contract matters and litigation as a former Township Solicitor.

Mr. Giancola defends hospitals, long-term care facilities, physicians and other healthcare providers in medical malpractice and other professional liability litigation, and general liability litigation. Prior to joining Burns White, he practiced professional liability litigation, products liability, insurance defense and commercial litigation. Mr. Giancola is a Duty Officer of the Professional Ethics Committee of the Allegheny County Bar Association and Co-Chair of the Professional Liability Committee of the Pennsylvania Defense Institute.

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GROUP BLOG: Third Circuit rules that temporary workers are entitled to protection under Title VII

The Third Circuit Court of Appeals recently held in Faush vs. Tuesday Morning, Inc. that a temporary worker hired by a staffing company could sue the company where he was placed for race discrimination under Title VII. In his most recent post on the Employment Law Blotter, Associate Joshua Brand analyzes the case and its potential impact on employers. Click here to read it.

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Burns White promotes three attorneys to membership status

PITTSBURGH, Dec. 16, 2015 — Burns White LLC is pleased to announce the promotion of three attorneys to Member in its Pittsburgh and Philadelphia offices, effective Jan. 1, 2016.

Pittsburgh

Jenna R. DiFrancesco joined Burns White in 2014 as an Associate, after spending several years building and managing Rice Energy’s title department. Ms. DiFrancesco’s practice focuses on a wide range of transactional and property matters in the coal, oil and gas industry, including due diligence review, drafting certified title opinions, and curing title defects for clients operating in the Marcellus and Utica Shale. She also has significant abstracting experience and is Vice-President and Chief Operating Officer of Chain of Title Land Services, LLC, an abstracting and property research company operating in the Appalachian Basin. Ms. DiFrancesco received her J.D. from the University of Louisville.

Philadelphia

Steven E. Sinkway, who joined the firm as an Associate in 2005, handles general insurance defense, errors and omissions matters, and long-term care/medical malpractice litigation. Prior to joining Burns White, Mr. Sinkway practiced medical malpractice defense, as well as Federal Employers’ Liability Act litigation involving repetitive stress injuries and occupational illnesses. He graduated from Duquesne University School of Law.

An Associate at Burns White since 2013, M. Sean Maravich has more than 20 years of experience in medical malpractice defense. A seasoned litigator, Mr. Maravich represents physicians, nurses and healthcare institutions in all facets of litigation throughout eastern Pennsylvania and New Jersey, as well as in various alternative dispute resolution formats including mediation and arbitration. He obtained a J.D. from Temple University School of Law.

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Burns White welcomes seven attorneys to offices in Pa.

PITTSBURGH, Dec. 3, 2015 — Burns White LLC welcomes one Of Counsel and six Associates with practices spanning commercial litigation, design and construction, healthcare and long-term care, and workers’ compensation to its offices in Pittsburgh and Philadelphia.

Pittsburgh

Commercial Litigation

Kenneth N. Schott, III is an Associate practicing in the areas of commercial litigation, employment law, financial services and legal malpractice defense. Mr. Schott graduated from Duquesne University School of Law, where he was a member of the Duquesne Law Review and served as its Production Editor.

Workers’ Compensation

Associate Douglas J. Keil defends self-insured employers, insurance companies and third-party administrators in workers’ compensation litigation. Prior to joining the firm, Mr. Keil was engaged in the practice of personal injury, workers’ compensation and Social Security disability litigation. He graduated from the University of Louisville Brandeis School of Law.

Philadelphia

Design and Construction

Associate Tiffany R. Marini defends design professionals and property owners in professional and general liability claims. Ms. Marini graduated from Villanova University School of Law, where she was a Staff Writer and Associate Editor for the Jeffrey S. Moorad Sports Law Journal.

Healthcare and Long-Term Care

Marcy B. Tanker represents clients in a wide range of complex civil litigation matters, with a primary focus on the defense of medical professionals and hospitals in malpractice litigation. She is currently Of Counsel at the firm. Prior to joining Burns White, Ms. Tanker practiced civil litigation involving a variety of personal injury, commercial and medical malpractice cases. She was also a Founding Partner of Fitzpatrick and Tanker. Ms. Tanker graduated from the University of Pennsylvania Law School.

Michael B. Reese is an Associate focusing on the defense of long-term healthcare providers in medical malpractice and professional liability litigation. Prior to joining Burns White, Mr. Reese’s practice involved the defense of complex medical malpractice claims on behalf of health systems, hospitals, physicians, nurses and other healthcare providers. Mr. Reese earned his J.D. from Temple University Beasley School of Law.

Workers’ Compensation

Chad B. Gordon is an Associate who works with third party administrators, insurance carriers and self-insured employers in Pennsylvania and New Jersey to help them achieve expeditious and favorable solutions to their workers’ compensation claims. Prior to joining Burns White, Mr. Gordon was a Litigation Associate with a focus on consumer fraud, civil rights and employment law. Mr. Gordon graduated from Nova Southeastern University – Shepard Broad College of Law.

Associate John J. O’Donnell defends employers and insurers in workers’ compensation litigation throughout Pennsylvania. Mr. O’Donnell has more than 15 years of experience representing both employers and claimants before workers’ compensation judges, the state Workers’ Compensation Appeals Board and the Pennsylvania Commonwealth Court, giving him a unique understanding of claimant strategies and approaches. He is a graduate of Widener University School of Law.

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