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GROUP BLOG: Objective performance evaluations and progressive discipline help minimize exposure

The soaring number of charges filed with the Equal Employment Opportunity Commission (EEOC) and employment-related litigation initiated over the past ten years has made many employers leery when disciplining or terminating employees. Click here to read a blog post by Member Douglas C. Hart that addresses some of the measures an employer can take to help mitigate any potential exposure when disciplining or terminating an employee.

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Burns White hires family law attorney to co-head new practice group

PITTSBURGH, March 23, 2015 — Burns White LLC hired Associate Dorothy C. Wolbert to co-chair a new family law practice at the firm to augment its current legal service offerings to clients.

Ms. Wolbert is experienced in all family law matters, representing clients in complex support, divorce and custody cases throughout Pennsylvania. She is also well versed in the drafting of contracts, negotiation of settlements and advisement on regulatory compliance matters in accordance with family law statutes. Prior to her arrival at Burns White, Ms. Wolbert was an associate attorney at Cordell & Cordell in Pittsburgh.

Joining Ms. Wolbert as co-chair is Member William J. Donovan who has been with Burns White since 1994. A seasoned litigator, Mr. Donovan has a diverse litigation practice with a background in accounting. Prior to his 20 years of experience as a lawyer, he was employed as an accountant and senior internal auditor/supervisor for two major corporations.

“This is an exciting time for Burns White,” said Founding Member David B. White. “In the past few years, we’ve seen substantial growth in several of our newer practice areas including Energy, Banking and Financial Services, and Business Practices. We’re energized to have Dorothy aboard and look forward to offering this new service to our clients and individuals in our community.”

Initially, Ms. Wolbert and Mr. Donovan will be assisted by two existing attorneys at the firm with backgrounds in domestic relations and accounting.

The Burns White Family Law Group offers legal representation in the areas of divorce, custody and support. For more information, visit the Family Law page.

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Stuart O’Neal and Sasha Miller successfully defend a foster care service client in federal court

Member Stuart T. O’Neal, III and Associate Sasha E. Miller recently secured a summary judgment in the U.S District Court for the Eastern District of Pa. for a foster care service that was sued along with a government agency, regarding the removal and termination of parental rights of the plaintiff-father. While Mr. O’Neal and Ms. Miller succeeded in having several of the plaintiff’s claims dismissed prior to summary judgment, a federal claim regarding the abuse or violation of due process and a state claim regarding the intentional infliction of emotional distress remained. The Burns White attorneys argued in their motion for summary judgment that not only was our client not involved in any alleged violation of due process, but that the plaintiff had received due process throughout the underlying litigation. The court granted summary judgment, ruling in favor of the defendants on all of the plaintiff’s remaining claims.

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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Stuart O’Neal and Daniel Cutler receive a dismissal with prejudice for a hospital parent company in a claim brought under the federal Anti-Kickback Statute and False Claims Act

Member Stuart T. O’Neal, III and Associate Daniel A. Cutler obtained a dismissal in the United States District Court for the Eastern District of Pennsylvania for a parent company of a co-defendant hospital facing alleged violations of the federal Anti-Kickback Statute and False Claims Act. The plaintiff, who was a physician, entered into two successive on-call agreements with the hospital, where he was paid for the days he worked as the on-call physician. The first contract was terminated after it was learned that the plaintiff had a financial stake in a competing healthcare provider. The plaintiff later entered into a second on-call agreement when the hospital was under new management which permitted him to retain his financial stake in the competing provider. However, he subsequently violated a non-compete clause in that agreement which led to the termination of the contract. After meeting with his attorney, the plaintiff alleged that he realized that both on-call agreements were executed solely to coerce Medicare patient referrals violating the federal Anti-Kickback Statute and the False Claims Act.

Both defendants argued that the plaintiff’s complaint failed to provide a claim in either agreements’ termination provisions that violated the federal statutes. U.S. District Judge Norma L. Shapiro ultimately agreed, dismissing the plaintiff’s complaint for both defendants, with prejudice.

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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Two Burns White attorneys named to 2015 New Jersey Rising Stars list

CHERRY HILL, N.J., March 13, 2015 — Burns White Associates Ahsan A. Jafry and Brian D. Pagano of the Cherry Hill office were named to the Rising Stars list in the 2015 edition of New Jersey Super Lawyers.

Mr. Jafry, who has been selected by his peers for the New Jersey Rising Stars list since 2012, defends physicians, nurses, dentists, hospitals, nursing homes, assisted living facilities and other medical providers in medical malpractice matters. In addition, he currently serves on the New Jersey Supreme Court’s Committee on Model Civil Jury Charges and teaches trial advocacy at Rutgers School of Law – Camden. Mr. Jafry graduated from Temple University James E. Beasley School of Law.

A Rising Stars list maker since 2014, Mr. Pagano focuses his litigation practice on long-term care and medical and nursing home malpractice defense. Prior to joining Burns White, he practiced in the areas of professional liability and healthcare litigation, municipal and public entity litigation and employment litigation. Mr. Pagano also served in the United States Army and the New Jersey National Guard. He received his J.D. from Rutgers University.

Rising Stars is an annual rating service of the Thomson Reuters, Legal division. To be eligible for list inclusion, a candidate must be either 40 years old or younger, or in practice for 10 years or less. The selection process for Rising Stars consists of a statewide survey of lawyers in more than 70 practice areas, independent research to identify outstanding lawyers, evaluation of candidates based on 12 indicators of peer recognition, a panel review by practice area and a discipline check of each candidate. No more than 2.5% of lawyers statewide are named to Rising Stars.

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T.H. Lyda and Stephen Hall secure a favorable verdict for railroad clients in FELA claim

Member and Co-Chair of the Transportation Group T.H. Lyda and Member  obtained a favorable 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 carman railroad worker from Niagra Falls, NY. The worker claimed that our clients’ negligence was the cause of his osteoarthritis of the hips, knees and lumbar spine which led to bilateral knee replacements and a left hip replacement surgery, as well as a significant six figure wage loss. The jury found the plaintiff to be 60% at fault, and awarded him modest damages that were far less than his boarded economic loss and a third less of his final demand.

This verdict marks the fifth straight favorable verdict that the Transportation Group has obtained for railroad clients in the last 14 months.

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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Stuart O’Neal and Christian Francis successfully resolve a defamation case for a corporate executive outside of court

Member Stuart T. O’Neal, III and Associate Christian W. Francis successfully resolved a defamation case for a high-level corporate executive, estopping several national and international companies from defaming his reputation. The alleged defamation was internet-based and implicated the Communications Decency Act of 1996 and the Stored Communications Act. In addition, the actions of the offending companies were also threatening to interfere with present and prospective contractual relations of the executive client and his company. Mr. O’Neal and Mr. Francis resolved the matter outside of court, saving the client a significant amount of time and money from what would have been a very long, complex and costly Federal trial, while still achieving all of his goals.

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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GROUP BLOG: Tips for minimizing liability when disciplining an employee following a leave of absence under the FMLA

With increasing frequency, employees are bringing “FMLA retaliation” lawsuits against employers when they are disciplined, particularly when the discipline results in termination of employment. While an employer can never completely eliminate the risk of a retaliation claim when disciplining an employee who took FMLA leave, Associate Joseph L. Gordon provides some general principles to help improve the chances that a judge or jury will view the actions in the non-retaliatory context they were intended. Click here to read the full post.

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NAMSAP elects Ciara Koba to its Board of Directors

The National Alliance of Medicare Set-Aside Professionals (NAMSAP) recently elected Ciara F. Koba via plurality of votes to serve on its board of directors for a three-year term. In this role, she will be tasked with helping to develop and implement the alliance’s operational plan, as well as serve as a board liaison for the Data Development Committee which monitors and alerts members of Medicare Secondary Payer (MSP) issues facing the industry

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