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Stuart T. O’Neal and Kara White obtain dismissals for hospital clients in an evolving area of corporate negligence

Burns White Healthcare and Long-Term Care Member Stuart T. O’Neal and Associate Kara C. White recently had success in an evolving area of corporate negligence typically associated with institutional malfeasance allegations—medical malpractice.

Mr. O’Neal and Ms. White secured the dismissal of corporate liability claims in three medical malpractice matters against two of the firm’s hospital clients. In all three cases, they argued through dispositive motion practice that elements of the Pennsylvania’s Supreme Court opinion in Thompson v. Nason Hospital were not met. For more information, contact Stuart T. O’Neal at soneal@burnswhite.com.

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The Superior Court of PA upholds summary judgment for an insurance company client

July 23, 2012 — Earlier this month, the Superior Court of Pennsylvania upheld a summary judgment entered in the Court of Common Pleas of Fayette County in favor of a large, national insurance company client. Founding Member David B. White and Associate Dean Falavolito successfully argued against an alleged breach of policy and a violation of the Consumer Protection Law, as well as a petition for certification of a class action. The case, which took nearly three years to conclude, was heard before the Superior Court of Pennsylvania in March.

In the putative class action, the lead plaintiff claimed that he, and all other Pennsylvania residents who purchased uninsured/underinsured motorist (UM/UIM) coverage “stacking” on a single vehicle policy were not actually given the benefits of “stacking.” The plaintiff based his theory on the 2008 Pennsylvania Supreme Court decision in Generette v. Dongeal Mutual Insurance Co. Burns White successfully argued that based on the Supreme Court decision, the defendant did not alter the terms of the insurance policy, and that the plaintiff and all other Pennsylvania residents continue to receive the benefits of “stacking,” even when they only have a single vehicle policy.

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Burns White hires three new associates to its Philadelphia office

PITTSBURGH, July 17, 2012 — Burns White LLC recently added Healthcare and Long-Term Care associates Harry P. McGrath and Anne P. Schmidt, as well as Workers’ Compensation associate Jesse B. Hallinan to its Philadelphia office.

Mr. McGrath, a 2011 graduate from Villanova University School of Law, has a special interest in medical malpractice defense and liability-related matters. While in law school, Mr. McGrath completed judicial internships for the Honorable Linda K. Caracappa, Magistrate Judge for the United States District Court in the Eastern District of Pennsylvania, as well as the Complex Litigation Center of the Philadelphia Court of Common Pleas.

Ms. Schmidt concentrates her practice in defending hospitals, physicians and long-term care facilities against professional and general liability claims. Prior to joining Burns White, she worked as an associate at Post and Post, LLC, where she successfully protected privileged client information from discovery through her knowledge and application of the Peer Review Protection Act, as well as assisted with pre-trial preparations and expert retention. Ms. Schmidt received a J.D. from Widener University in 2008.

Mr. Hallinan focuses on workers’ compensation defense. Prior to joining the firm, he served as an attorney at North Penn Legal Services, handling unemployment, workers’ compensation and family law matters in the Lackawanna and Dauphin County courts. Mr. Hallinan graduated from Widener University School of Law in 2011.

Burns White LLC is a full-service law firm that provides corporate, litigation and consulting counsel to clients operating across a broad spectrum of industries nationwide. Harnessing the collective skill of nearly 100 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.

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John M. Steidle, Ira L. Podheiser and Stephie-Anna Kapourales Ramaley obtain summary judgment in a civil suit against a West Virginia church

PITTSBURGH, June 22, 2012 — On June 1, Members John M. Steidle and Ira L. Podheiser, as well as Associate Stephie-Anna Kapourales Ramaley, obtained summary judgment in a civil suit against a West Virginia church. The plaintiff, who alleged sexual abuse from a former minister at the church, filed a complaint alleging, among other things, that the church breached varying legal duties with respect to its employment of the pastor.

According to the complaint, the alleged abuse occurred in the mid 90s when the plaintiff was a minor. He didn’t report the incident to the police until 2007 nor file his first civil action until 2009 — 15 years after the last alleged encounter. As per W. Va. Code § 55-2-12 and W. Va. Code § 5-2-15, the plaintiff was required to file civil action by his 20th birthday in 2000. The plaintiff claimed that the statute of limitations was “tolled” due to the fact that he had repressed all memory of the incident. Based on evidence developed in the course of discovery which demonstrated that the plaintiff had, on several occasions, recalled the incident, the trial court rejected the plaintiff’s argument and held the statute of limitations barred his claims.

This ruling is significant because it indicates a willingness on the part of the courts to be skeptical of the widely used repressed memory defense in clergy abuse cases.

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Banking and Financial Services Litigation Group obtains preliminary injunction for wealth management subsidiary

Pittsburgh, June 6, 2012 — Burns White Banking and Financial Services Litigation Co-Chairs David B. White and Lyle D. Washowich, as well as Associate Brian M. Mancos, successfully obtained an emergency motion for a temporary restraining order and preliminary injunction for a wealth management subsidiary of a Pennsylvania-chartered savings bank.

The motion, which was filed in Indiana County, was against a former manager and employee of the subsidiary who left the company to form their own financial advising firm, by utilizing trade secret and proprietary customer information that encompassed approximately 90% of the subsidiary’s business. Attorneys on the Banking and Financial Services Litigation team worked swiftly with the client to create a strategy and compile discovery showing that the defendants had engaged in direct and unfair competition that would cause irreparable harm.

As a result, the motion was granted and the defendants were banned from divulging any of the subsidiary’s confidential information or trade secrets, recruiting any of its employees, and soliciting any current or prospective clients.

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LEGAL UPDATE: Ohio legislators approve tougher oil and gas well regulations

On Thursday, May 24, the Ohio House and the Senate approved Senate Bill 315, an energy bill with provisions regulating the drilling and hydraulic fracturing (fracking) of new oil and gas wells in the state. The bill will now be headed to the desk of Gov. John Kasich for review, following a vote of 73-19 in the Ohio House and a 21-8 vote in the Senate. Some highlights of Senate Bill 315 include:

  • Increased disclosure of chemicals used in initial drilling and the hydraulic fracturing of wells from operators
  • Sampling of water wells within 1,500 feet of proposed horizontal wells Documentation and tracking of oil and gas wells from the time of inception to capping
  • Disclosure of brine and other waste fluid shipments prior to injection into disposal wells
  • Increased inspections of wells and liability insurance coverage for well owners
  • Amendments enabling property owners, adjacent property owners or others adversely affected by fracking fluids to seek more detailed information about the proprietary chemical mixtures on a case-by-case basis
  • Sharing of proprietary information by doctors when treating patients injured during well construction or production with other medical providers, health agencies and patient
  • Daily fines of up to $20,000/day for well operators violating safety and health regulations
  • Posting oil and gas permits online for public review within two days of approval of the permits

In addition to drilling and fracking provisions, the bill addresses the state’s energy laws, with language related to advanced and renewable energy, water conservation and wastewater treatment. For questions or concerns about how this might affect Marcellus Shale businesses in the region, contact the Burns White Energy Group.

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ATTORNEY BLOG: PBA Annual Convention addresses need for bankers to stand shoulder-to-shoulder

By: Lyle D. Washowich, Esq.

At the 2012 Pennsylvania Bankers Association (PBA) Annual Convention, consensus centered on the need for bankers to stand “shoulder-to-shoulder” in advocating for industry issues. Whether large, small, mid-sized, geographically urban or rural, or otherwise, the Convention stressed the need for the banking community to support its own in this trying and changing time.

From the regulations being considered, developed, and implemented in Washington, DC to the potential threats being generated by credit unions and other organizations, the Convention concluded that it will only survive (and thrive) if each institution plays team ball in backing the business of banking. For far too long, the perception (if not the reality, in some instances) was that smaller banks’ interests may be harmed by the interests of larger banking institutions (and vice-versa). However, the Convention agreed that plenty of room exists for players of various sizes, scopes, and stripes. Critically, though, those players must respect and support one another to achieve mutual success in today’s climate.

The Convention addressed that, in this day and age, the fundamental business of banking – whether as a “too big to fail” institution or as a local community bank – has come under increasing attack. As a result of these attacks, and the unrivaled challenges to existing banks, the industry must stand together and advocate for itself. If it does not do so forcefully as one, fewer banks will survive and, generally, the industry will be weakened. Accordingly, the varied institutions attending the Convention, including representatives of institutions from other states, embraced the need for a unified and strong voice in standing up for the industry.

We were pleased to provide our support for the Convention. For a question to Burns White’s banking and financial services team, please email Lyle Washowich at ldwashowich@burnswhite.com.

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Six Burns White Members named to Pennsylvania Super Lawyers/Rising Stars lists

PITTSBURGH, May 21, 2012 — Burns White Founding Member David B. White in the Pittsburgh office and Member attorneys Valerie H. Lieberman, William J. Mundy and Stuart T. O’Neal in the Philadelphia office were named to the 2012 Pennsylvania Super Lawyers list, a distinction received by no more than five percent of attorneys practicing in the state. In addition, two Member attorneys from the Pittsburgh office were selected for the Rising Stars list: Travis W. Smith and Chad A. Wissinger.

A Super Lawyer since 2004, Mr. White was chosen for his work in civil litigation defense. With a practice spanning several industries, he brings to his clients more than 30 years of demonstrated legal experience in business litigation, professional liability and alternative dispute resolution matters, as well as a practical business acumen and strong leadership skills as a team builder and project manager. Mr. White earned both B.S. and J.D. degrees from Duquesne University.

Ms. Lieberman, a first year Super Lawyer and newly elected member of the Workers’ Compensation Section Executive Council of the Pennsylvania Bar Association, was selected in the area of workers’ compensation. For more than 17 years, she has worked with insurance companies, self-insured employers and uninsured employers from a variety of industries to help reduce their exposure to workers’ compensation claims. Ms. Lieberman received a B.A. from Arcadia University and a J.D. from Benjamin N. Cardozo School of Law.

Since 2005, Mr. Mundy has been rated a Super Lawyer in the area of professional liability: defense. Co-chair of the firm’s Healthcare and Long-Term Care Practice Group, his practice focuses on the representation of long-term healthcare providers and the defense of medical malpractice and professional liability claims. Mr. Mundy obtained a B.A. from the Pennsylvania State University and a J.D. from Villanova University.

On the Rising Stars list since 2010, Mr. O’Neal received Super Lawyer status this year for his work in personal injury defense: medical malpractice. He handles professional liability, general liability, employment and corporate matters on behalf of various healthcare providers; is an advocate for the personal care home industry and has represented providers of all sizes at the administrative level. Mr. O’Neal earned a B.A. from Dickinson College and a J.D. from Villanova University.

The Pennsylvania Rising Stars rating is a distinction given to no more than 2.5 percent of the top up-and-coming attorneys in the state who are either 40 years old or younger, or in practice for ten years or less. Mr. Smith, Chair of the Medicare Compliance Group and Rising Star recipient in 2008 and 2010-2011, was named for his work in addressing Medicare issues in workers’ compensation and liability settlements. Mr.Wissinger, Co-chair of the Construction and Environmental Groups, earned this distinction in the area of construction litigation in 2007-2008 and 2011.

An annual rating service of the Thomson Reuters, Legal division, the Super Lawyers list selection process 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. The Pennsylvania listings will be published in the annual Pennsylvania Super Lawyers publication and in a special supplement in the June 2012 issues of Pittsburgh Magazine and Philadelphia magazine respectively.

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