Transportation Group secures defense verdict for two major railroad clients in a repetitive stress injury case

Members Daniel J. Hampton and T.H. Lyda obtained a defense verdict for two major railroad clients in a week-long jury trial in the Court of Common Pleas of Philadelphia County. The claim, brought under the Federal Employers’ Liability Act (FELA), involved a 59-year-old former railroad employee, who alleged that his 39 years of work as a trackman, welder and machine operator caused him to develop degenerative arthritis and other injuries in his lumbar spine and knee. Plaintiff alleged that his conditions were caused by our clients’ negligence, and that as a result, he was disabled from his railroad employment. The defense team elicited testimony from the plaintiff’s treating physicians that his conditions were more likely related to aging, genetics, and a history of smoking, and presented evidence that the railroads provided the plaintiff with a reasonably safe workplace. After approximately four hours of deliberation, the jury found that neither railroad was negligent, and returned a defense verdict in favor of both clients.

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

Burns White strengthens its Professional Liability Practice with the addition of two Members in Pittsburgh

PITTSBURGH, Aug. 25, 2015 — Burns White hired James R. Schadel and Scott R. Eberle, both formerly of Weinheimer, Schadel & Haber, P.C., as Members to the firm’s Pittsburgh headquarters. Both attorneys have established practices in professional liability defense with an emphasis on legal malpractice defense.

“We are thrilled to have Jim and Scott join our growing professional liability practice,” said Executive Committee Member David B. White. “Their additions will add significant bench strength to our legal liability defense team.”

Mr. Schadel, who was a Founding Member of Weinheimer, Schadel & Haber, said that Burns White’s geographic footprint, size and practice variety were an attractive benefit. “I think Scott’s and my experience will be a nice complement to Burns White’s existing professional liability practice,” he said. “We’re pleased to offer our clients a greater breadth of resources and service offerings.”

Mr. Schadel has a 36-year practice spanning professional liability, general liability, auto, contracts, construction and products liability. The majority of his practice involves defending lawyers and other professionals such as accountants, real estate agents, insurance agents and design professionals in professional liability matters. Mr. Schadel often counsels lawyers, pre or post claims, on professional ethics and professional responsibility matters, including those facing disciplinary charges before the Office of Disciplinary Counsel. In addition, Mr. Schadel assists a wide range of clients with the drafting of ethics opinions. He is also a frequently requested speaker on legal malpractice avoidance, lawyer ethics and risk management by various bar associations and legal organizations. Mr. Schadel graduated from the University of Pittsburgh School of Law.

For more than 13 years, Mr. Eberle’s practice has focused on professional liability defense, with an emphasis on the defense of lawyers and other professionals such as real estate agents, insurance agents and design professionals. Complementing his litigation practice, Mr. Eberle regularly counsels lawyers, pre or post claims or suits, on professional ethics and professional responsibility matters, including those facing disciplinary charges before the Office of Disciplinary Counsel. Mr. Eberle also represents lawyers with regard to Pennsylvania Lawyers Fund for Client Security claims. He is a frequently requested speaker on legal malpractice avoidance, lawyer ethics and risk management by various bar associations and legal organizations.

Burns White welcomes five Associates to offices in Pa.

PITTSBURGH, Aug. 18, 2015 — Burns White LLC welcomes five associates with practices spanning energy, healthcare and long-term care and workers’ compensation to its offices in Pittsburgh and Philadelphia.

Pittsburgh

Energy

Eileen M. Fairlie’s energy practice involves due diligence, title curative measures and certified title opinions for oil and gas clients. Since graduating from Duquesne University School of Law in 2010, the majority of Ms. Fairlie’s experience lies in oil and gas title examination. Prior to joining Burns White, she held associate positions at two energy law firms in Canonsburg, Pa. and was a final review title attorney at Rice Energy.

Brandon M. Spleen focuses his practice on a wide range of transactional matters in the oil and gas industry, including due diligence review, title curative measures and certificated title opinions for clients operating in the Marcellus and Utica Shale. Before Burns White, Mr. Spleen worked as a Lead Abstractor for Chain of Title Land Services and as an Oil and Gas Title Review Analyst at Rice Energy. He graduated from Duquesne University School of Law.

Philadelphia

Healthcare and Long-Term Care

Courtney C. Barbacane is a seasoned trial attorney defending doctors, hospitals and long-term care facilities in medical malpractice and professional liability matters throughout state and federal courts in Pennsylvania and New Jersey. With experience in both initiating and defending claims, Ms. Barbacane has a background in handling complex personal injury actions involving medical and nursing malpractice. She received a J.D. from Widener University School of Law.

Katherine “Kate” E. Senior’s practice involves defending physicians and hospitals against professional liability claims. An experienced litigator serving the healthcare industry, Ms. Senior has handled medical malpractice and professional liability claims throughout Pennsylvania for nearly ten years. She graduated from Villanova University School of Law.

Workers’ Compensation

Daivy P. Dambreville represents self-insured employers, insurance companies and third-party administrators, and aims to provide solutions to reduce their workers’ compensation exposure. Prior to joining Burns White, he was a Litigation Associate with a focus on financial services practices and contractual disputes. Mr. Dambreville graduated from the Dickinson School of Law at the Pennsylvania State University.

Six firm attorneys receive Best Lawyers in America ranking and Best Lawyer of the Year recognition

PITTSBURGH, Aug. 17, 2015Michael W. Burns and Members David A. Damico, Daniel B. Donahoe, T.H. Lyda, Patrick L. Mechas and D. Scott Newman were recently selected by their peers for inclusion in The Best Lawyers in America© 2016. In addition, Mr. Burns was named the Best Lawyers’ 2016 Pittsburgh Railroad Law “Lawyer of the Year.”

First published in 1983, Best Lawyers® is based on a peer-review survey where more than 52,000 attorneys cast nearly 5.5 million votes on the legal abilities of other lawyers in their practice areas and geographic locations.

A Founding Member of Burns White, Mr. Burns, who currently serves as Of Counsel to the firm, has more than 40 years of litigation experience representing individuals, businesses and governmental agencies in catastrophic loss personal injury, toxic tort and railroad defense, and has been involved in all aspects of media work his entire career.

Mr. Damico, Founding Member and Co-Chair of the Transportation Group, brings more than 30 years of litigation experience coupled with business acumen to his corporate clients. He serves as National Trial Counsel to multiple railroad companies and has tried numerous occupational illness, toxic exposure and catastrophic personal injury cases. In 2014, Mr. Damico was named Best Lawyers’ Pittsburgh Railroad Law “Lawyer of the Year.”

Mr. Donahoe concentrates his practice in the defense of occupational illness cases in both federal and state courts throughout the country. With a primary emphasis in FELA litigation, he has also performed defense work in the areas of products liability, automobile insurance and personal injury.

Mr. Lyda, who Co-Chairs the Transportation Group, was named Pittsburgh Railroad Law “Lawyer of the Year” by Best Lawyers in 2013. A litigator with more than 20 years of experience, he is well versed in occupational disease, toxic tort and products liability litigation, as well as entertainment law. Mr. Lyda also handles OSHA citation contests and inspections for clients in several industries and is an invited speaker on the topic at national conferences.

Co-Chair of the firm’s Healthcare and Long-Term Care Practice Group, Mr. Mechas has more than 20 years of legal experience defending professional negligence claims on behalf of medical and healthcare professionals, assisted living facilities, skilled nursing facilities, long-term acute care hospitals and management services companies. In addition to his extensive healthcare practice, he has defended numerous products liability and general liability matters on behalf of businesses from a variety of industries.

Mr. Newman joined the firm in 1990 and is Chair of the Workers’ Compensation Group. He represents both self-insured corporations and insurance companies before workers’ compensation judges, the Workers’ Compensation Appeal Board and the Commonwealth Court of Pennsylvania. Mr. Newman maintains a secondary concentration in the practice of administrative law under the Federal Coal Mine Health and Safety Act and Black Lung Benefits Act.

Oxford Development Company announces Burns White’s corporate headquarters to locate in 3 Crossings

Phase II of the 3 Crossings Neighborhood to Begin in the City’s Strip District

PITTSBURGH, August 13, 2015 – Oxford Development Company and Burns White LLC today announced that Burns White will locate its corporate headquarters in the Riverfront East building of the 3 Crossings neighborhood in the city’s Strip District.

3 Crossings reconnects the Strip District to the natural amenities of a revitalized riverfront and Pittsburgh’s Three Rivers HeritageTrail network. The development represents the transformation of the former trucking yards of Pittsburgh’s past into the sustainable neighborhood of the future.

“We see the growth of the Strip District as the here and now phase in Pittsburgh’s amazing transformation as a place where you can live, work, and everything else,” said Steve Guy, President & CEO, Oxford Development Company. “The addition of Burns White to 3 Crossings helps grow the professional workforce of the Strip District, and complements a new community vision as Pittsburgh’s next corporate and high technology destination.”

Burns White’s new headquarters at Riverfront East will kick off Phase II of 3 Crossings with the development of a 110,000 square foot building along Railroad Street and the Allegheny River. Burns White will be the sole tenant of the facility with an expected occupancy in early 2017.

“The move is an exciting step for Burns White as we grow our business and footprint as an employer in Pittsburgh and beyond,” said David B. White, Esq., Executive Committee Member, Burns White LLC.

We sought new and innovative space to accommodate the firm’s growth, with the desire to create a place that serves both our business and staff needs, and that will ultimately benefit our clients. The Strip District and 3 Crossings offers what our workforce and what the workforce of our future wants, including access to terrific amenities and conveniences in commuting like biking and public transit,” White said.

Burns White’s new space will be different than that of a traditional law firm space in that it will be reflective of the needs of today’s workforce with a state-of-the-art building that focuses on collaborative work spaces and increased employee interaction reflecting efficiencies clients are looking for today.

Burns White was a ‘pioneer’ locating on the North Shore in the 90s and will once again be part of the revitalization of a new and exciting corporate destination. They currently employ approximately 120 attorneys, and anticipate strategically adding an additional 25-30 attorneys in their first five years at 3 Crossings.

“We have had a great home on the North Shore for many years, and are cognizant of our impact on this community as we move forward. We have found a great partner in Oxford as their collaborative approach mirrors the way we seek to do business. It is this type of effort that will ensure that our current location will be well stewarded into the future,” White said.

ADDITIONAL PROJECT COMPONENTS IN PLANNING

The Hub, a multimodal transportation facility, will connect Downtown, the Strip District, and East End neighborhoods and provide parking spaces for 578 vehicles plus 87 bicycles, and storage for kayaks. It includes 10 electric vehicle charging stations on each level and also includes approximately 13,000 square feet of retail space on 26th Street.

The Hub is currently in design with construction anticipated to commence in October.

Riverfront West is located between Burns White’s new corporate headquarters and the Crane Building along the Allegheny River. Riverfront West provides a true Pittsburgh Strip District experience with great City and River views from private balconies and access to the riverfront trail system.

Riverfront West is still in the planning phase and can easily be designed to accommodate the specific needs and requirements of any manner of user. Signature tenants have the opportunity for building signage and a private balconies.

Office leasing inquiries should be directed to Joe Tosi with Oxford Realty Services at 412.261.0200 or jtosi@oxfordrealtyservices.com

Concurrently, Oxford is working with Riverlife and other city partners to plan for the development of the Strip District Riverfront Park that will connect the public to the waterfront via a public passage along 26th Street. Riverlife is overseeing the design of the park which is currently underway.

PHASE I – UNDER CONSTRUCTION

The Yards is currently under construction and will begin leasing in October of this year, with the first phase of occupancy expected April 1, 2016 and the final phase commencing May 1, 2016. The Yards is managed by McCaffery Interests of Chicago.

Residential leasing inquiries should be directed online at www.theyardspgh.com.

2555 Smallman Street is a four-story 75,000 square foot Class-A urban flex office building and has space available for lease. 2555 has commenced site development and will be ready for the first tenant occupancy in June of 2016. While there is available space in the building, the first tenant announcements will be made in the near future.

2555 will be the first building in the region to provide a Euro Plaza, or “woonerf”, that transforms from guest parking to a weekend destination for gathering. A woonerf (Dutch for “living street”) is a concept created in the Netherlands and designed primarily with the interests of pedestrians and cyclists in mind and as a social space where people can meet safely. This Complete Streets technique includes shared outdoor space, traffic calming, and low speed limits with priority given to all modes of transportation including automobiles, bicycles, and pedestrians. Motorized traffic in a woonerf is restricted to walking pace. The Euro Plaza will be built at the same grade as the sidewalk, without curbs. Through traffic is directed using a series of lighted bollards.

PHASE I – COMPLETED

2501 Smallman Street is a 54,000 Class-A urban flex office building that achieved substantial completion of construction in July 2015. At this time the building is 91 percent leased with the first tenant occupancy scheduled for September 1, 2015, and with the remaining tenants occupying by year end 2015.

3 CROSSINGS OVERVIEW

The Oxford team has worked diligently over the past four years to respond to the neighborhood’s desire to see organic growth versus planned development, and to complement, not compete with, the already strong character of the Strip District. 3 Crossings embraces the neighborhood’s historic and authentic past as a market district and integrates it with the desired lifestyle of today’s employee, resident, and visitor.

The 3 Crossings neighborhood will be accentuated with new sidewalks, street and pedestrian-friendly lighting, and public access points to the river. By 2018, 3 Crossings will have created nearly 375,000 square feet of new urban flex office space; 300 apartment units with the coolest backyard in the city; 1,200 new parking spaces; 100 bicycle parking spaces, bike repair and rental; and 16,000 square feet of new and refreshed retail and dining space.

3 Crossings will create or retain nearly 1,000 jobs for the City of Pittsburgh and will generate nearly $5.8 million in new annual state tax revenue.

Additional information can be found at www.threecrossingspgh.com and www.theyardspgh.com.

Images available upon request.

 

###

About Burns White

Burns White LLC is a full-service law firm that provides corporate and litigation counsel to clients operating across a broad spectrum of industries nationwide. Harnessing the collective skill of more than 120 attorneys, the law firm operates offices in Cherry Hill, N.J., Cleveland, Harrisburg, Philadelphia, Pittsburgh, Princeton, N.J., Wheeling, W.V., Wilkes-Barre, Pa. and Wilmington, Del. www.burnswhite.com

About Oxford Development Company

Oxford Development Company, based in Pittsburgh, PA, is the trusted real estate services partner, providing solutions for all property-related needs in North America. From conceptualization to building management, Oxford offers support throughout the life cycle of any project. With more than 50 years of experience and over $3 billion in development projects, Oxford delivers value through a combination of analytical, management and operational specific real estate services. www.oxforddevelopment.com

Daivy Dambreville authors article on the impact of a recent Commonwealth Court decision for The Legal Intelligencer

Associate Daivy P. Dambreville authored an article on the impact of a recent Commonwealth Court decision involving Pipeline Systems v. Workers’ Compensation Appeal Board, where an employee was injured while responding to an emergency rescue situation. The article titled “Within the Scope: Employees Injured While Rendering Emergency Aid” appeared in the Aug. 11 issue of The Legal Intelligencer.

1 11 12 13 14 15 40