Burns White adds five associates to offices in Pennsylvania and West Virginia

PITTSBURGH, May 17, 2012 — Burns White LLC recently added healthcare associates Jeffrey R. Bailey to the Pittsburgh office and Elizabeth A. Stefanski to the Philadelphia office, workers’ compensation associates Ryan M. Carroll in Pittsburgh and Erin A. Padovani in Philadelphia and litigation associate Ryan M. Mick to the Wheeling office.

Mr. Bailey, a healthcare defense litigator, concentrates in medical malpractice, healthcare and general liability litigation. Prior to joining the firm, he served as an associate attorney at Thomson, Rhodes & Cowie, P.C. Mr. Bailey earned a J.D., magna cum laude, from the University of Pittsburgh School of Law in 2006, a B.S. in Information Systems from Slippery Rock University in 1998 and a B.A. from Grove City College in May 1997.

Experienced in complex state and federal litigation matters, Ms. Stefanski’s practice focuses on the defense of healthcare facilities and medical professionals. After graduating from Widener University School of Law in 2009, she worked as an associate at Kent & McBride, P.C., where she represented and defended corporations, medical device manufacturers, hospitals, construction companies and individuals in the areas of general liability, products liability, medical malpractice and construction defect matters. Ms Stefanski received a B.A. in Political Science from Villanova University in 2006.

As a former Allegheny County Assistant District Attorney, Mr. Carroll brings a wide breadth of trial and negotiation experience to the Workers’ Compensation group at Burns White, where he primarily defends employers and insurance companies in Pennsylvania. He obtained his J.D., cum laude, in 2007 from the University of Pittsburgh and received a B.S. in Finance from the Pennsylvania State University in 2001.

Ms. Padovani defends insurance companies, self-insured employers and third-party administrators against workers’ compensation claims. Prior to joining the firm, she was an associate at Carpenter McCadden & Lane, LLP. Ms. Padovani received a J.D., cum laude, in May 2010 from Widener University School of Law and a B.A. in English from Ursinus College.

Mr. Mick practices in the areas of civil and criminal law, with a focus in general liability litigation, healthcare law, products liability and employment law matters. He graduated from West Virginia University School of Law in 2010, where he worked at West Virginia University’s Legal Clinic representing clients in divorce, child custody and adoption proceedings. Mr. Mick received a B.A. in Political Science, summa cum laude, from West Virginia University in 2007.

ATTORNEY BLOG: EPA study concludes that well water is safe to drink in Dimock, Pa.

By: T.H. Lyda, Esq.

The U.S. Environmental Protection Agency (EPA) said that drinking water is safe to consume in Dimock, Pa., a town that has attracted national attention after residents complained about hydraulic fracturing allegedly leading to contaminated water. EPA released the final set of data on May 11 and found no reason for further action.

The EPA completed testing water at 61 homes in Dimock where residents have complained since 2009 of cloudy, foul-smelling water after Cabot Oil & Gas Corp drilled for gas nearby.

“This set of sampling did not show levels of contaminants that would give EPA reason to take further action,” Roy Seneca, a spokesman for the regional EPA office said in a story written on May 11 by the Associated Press about the final set of data released Friday. The agency released data for only 59 of the homes, as they could not contact residents at two of them.

Dimock became ground zero for the debate about fracking after Josh Fox, the director of the controversial 2010 documentary called “Gasland,” visited the town and met residents who feared their water was contaminated by the drilling. Fox has been criticized for the approach taken during the film and not relying upon sound science. The film arguably mischaracterizes drilling and hydrofracking and glosses over facts that contradict Fox’s view of the alleged dangers of the activity.

Environmental and health groups, however, say that some fracking operations near homes and schools pollute land and water although the evidence suggests that this long-time practice is safe and a key to America’s energy independence. Techniques including fracking have revolutionized the U.S. natural gas industry by giving companies access to vast new reserves that could supply the country’s demand for 100 years.

The EPA reported it will re-sample four wells where previous Cabot and state data showed levels of contaminants, but where EPA’s first round of testing did not find levels that would require action, Seneca said in the story.

The agency found one well in the last batch of data that contained methane, a main component of natural gas.

Seneca would not say what the agency thought the source of that methane was, but said the agency will conduct a review of the data.

Residents have complained that methane could be from fracking, but methane frequently occurs naturally in wells in energy-rich areas and can come from many sources.

Over the course of the EPA tests that have been released since mid-March, contaminants were found in some wells but the EPA said those levels were safe. In the first set of tests, for example, six of 11 homes showed concentrations of sodium, methane, chromium or bacteria. Arsenic was also found at two homes, but, again, levels were deemed safe.

Contaminants found in the tests are more likely indicative of naturally occurring background levels or from other non-fracking activities. Arsenic is frequently found in well water all over the United States and naturally occurs when soils and ores weather and decompose.

Nicholas Varischetti Appointed to Intergovernmental Cooperation Authority Board

PITTSBURGH, May 14, 2012 — Last week, Associate Nicholas Varischetti was appointed by the Pennsylvania Senate President Pro Tempore to serve on the Intergovernmental Cooperation Authority Board (ICA). Formed in March 2004 by Gov. Ed Rendell, the ICA’s primary task is to find solutions to Pittsburgh’s financial struggles. Visit http://www.pghica.org/index.php for more information.

NACD Responsible Distribution Workshop presentation on what to do post-inspection is now available for download

Members T.H. Lyda and Chad A. Wissinger gave a presentation to members of the National Association of Chemical Distributors (NACD) Responsible Distribution Workshop, April 2-3, 2012 in Houston, Texas. A follow up to their webinar on how to survive an EPA inspection, “After the Panic Subsides – What Should You Do When the Inspector Leaves?” addressed steps that should be taken after experiencing a bad inspection. Click here to download the presentation.

LEGAL UPDATE: FRSA Jury Awards $1 Million in Punitive Damages to Plaintiff

Last week, a jury awarded $50,000 in compensatory damages and $1 million in punitive damages to plaintiff, Andy Barati in a Federal Rail Safety Act (FRSA) case trial. In 2008, Barati was working for Metro North Commuter Rail on Grand Central Terminal, New York City when a jack failed and a railroad tie injured his foot. After initially being fired, Barati’s discharge was converted to a suspension by management with back pay.

As part of the 2007 enactment of the FRSA, the Occupational Safety and Health Administration (OSHA) found that management violated the act, citing Metro North for poor training and lighting. In the end, Barati’s only economic loss was $1,428 for his lost wages during the seven-day trial.

In light of the FRSA, these types of rulings where maximum punitive damages are awarded, no matter how small the economic loss, will be more common place in the future.

For more information on how this law is changing the landscape of rail/labor relations, contact the Railroad Law Group at Burns White.

William J. Mundy publishes article on arbitration agreements in long-term care in New Jersey Law Journal

Burns White Member, and Healthcare and Long-Term Care Group Co-Chair William J. Mundy published an article in the March 26, 2012 issue of the New Jersey Law Journal. The write-up looked at the impact of the Federal Arbitration Act and recent U.S. Supreme Court opinions addressing unconscionability on New Jersey arbitration agreements in long-term care. Click here to read the complete article.

Healthcare litigator Stuart T. O’Neal obtains defense verdict for professional liability corporation

In March 2012, Healthcare and Long-Term Care litigation Member Stuart T. O’Neal obtained a defense verdict in Montgomery County on behalf of a professional liability corporation in a matter where the plaintiff alleged defamation, as well as outrageous and reckless conduct that allegedly warranted punitive damages. The court found in favor of the defense and dismissed the plaintiff’s claims outright.

T.H. Lyda and Edwin B. Palmer coauthor an article on government site inspections for The PIOGA Press

Burns White Members T.H. Lyda and Edwin B. Palmer co-authored an article titled, “Dealing with uninvited company: A brief guide to preparing for and surviving a government inspection” for the March issue of The PIOGA Press, a monthly newsletter of the Pennsylvania Independent Oil & Gas Association. Click here to read the full article.

T.H. Lyda receives a defense verdict for a major railroad client in a FELA case trial

T.H. Lyda, Co-chair of the Transportation Practice Group, and local counsel Larry Bailey recently received a defense verdict on behalf of a major railroad client in a 2.5-week Federal Employers Liability Act (FELA) case trial in state court in Albany, NY.

The plaintiff engineer alleged that poor locomotive ride quality, ergonomically inadequate and badly maintained seats led to the development of advanced degenerative changes in his lumbar spine and subsequent spinal fusion. Plaintiff boarded roughly $200,000 in wage losses and alleged a 25% permanent disability.

The defense team argued that it provided a reasonably safe place to work and that the plaintiff’s back degeneration was due to a preexisting congenital pars defect that progressed due to years of participation in track and field throwing events at the high school and college level.

The jury found that the railroad did not violate the Locomotive Inspection Act and further found that our client provided the plaintiff with a reasonably safe place to work under FELA.

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