Burns White adds five associates

Pittsburgh, Oct. 26, 2010 – Burns White recently added four associates to its Pittsburgh location and another to its Cherry Hill, N.J., office.

Joseph C. Romano (Workers’ Compensation Practice Group), Christina E. Horton (Medicare Compliance), Matthew G. Brouse (Transportation) and Rossitza B. Griffin (Transportation) are located in Pittsburgh. Brian D. Pagano (Healthcare and Long-Term Care) will work out of Cherry Hill, N.J. Mr. Romano is a 2009 graduate of the Duquesne University School of Law, while Ms. Horton, Ms. Griffin and Mr. Brouse are 2010 Duquesne Law graduates. Mr. Pagano is a 2007 graduate of Rutgers University School of Law.

To access full biographies of all Burns White attorneys, please click here.

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, Pa., Philadelphia, Pittsburgh, Princeton, N.J., Wheeling, W.Va, and Wilmington, Del.

Burns White’s Jeff Adler speaks at AAO-HNSF Annual Meeting in Boston

Philadelphia, Oct. 26, 2010 – Burns White Employment Law Practice Group Head Jeff Adler spoke on a panel at the American Academy of Otolaryngology – Head and Neck Surgery Foundation (AAO-HNSF) Annual Meeting and OTO Expo held Sept. 26-29 in Boston.

Mr. Adler, who is also managing partner of the firm’s Philadelphia office, participated in a panel discussing legal claims related to voice injuries and privacy issues designed to protect high-profile singers who have suffered voice injuries.

The Annual Meeting & OTO EXPO is held each fall, with thousands of Academy members, non-member physicians, allied health professionals, administrators, and exhibiting companies attending “the world’s largest gathering of otolaryngologists.” It drew more than 9,000 medical experts and professionals from around the world and featured instruction courses, miniseminars, scientific oral presentations, honorary guest lectures, and numerous scientific posters.

Click here to learn more about Jeff.

Burns White attorneys Podheiser, Diaz quoted in Allegheny County Bar Association Lawyers Journal

Pittsburgh, Oct. 8, 2010 – Burns White Member Ira Podheiser and Associate Carlos Diaz were quoted in separate articles in the Oct. 8 edition of the Allegheny County Bar Association Lawyers Journal.

Podheiser’s comments are located on page 8 of a story that begins on the front page titled “ACBA Diversity Initiative sees positive progress and growth,” while Diaz is quoted in the page 4 article titled “Hispanic Attorneys Committee to sponsor Heritage Celebration Oct. 14.”

Click here for the Oct. 8 edition of Allegheny County Bar Association Lawyers Journal.

Burns White Earns National and Regional Acclaim in Multiple Practice Areas

Pittsburgh, Sept. 22, 2010 — Burns White has received both national and regional acclaim in the inaugural U.S. News & World Report/Best Lawyers® Best Law Firms Rankings for 2010. Burns White is one of only 10 out of 120 firms with Pittsburgh offices to receive a first-tier national ranking in any category. It is the only firm in Pennsylvania to receive a First-Tier National ranking in Railroad Law practice and also just one of 16 firms in the entire country to earn this particular honor in the Railroad Law category. “This honor is meaningful because it reflects the dedication of our attorneys and their continued efforts to maximize the return that our clients invest in us every day,” said Founding Member David White. “We take great pride in the partnerships we’ve established with our clients across all practice areas and are flattered to be included among the elite group of firms represented in these rankings,” added David Damico, Transportation Group Practice Head and Member of the firm’s Executive Committee. Burns White’s Pittsburgh office also earned First-Tier Metropolitan rankings in Medical Malpractice Law – Defendants, Personal Injury Litigation – Defendants, and Railroad Law, as well as a Second-Tier Metropolitan ranking in Antitrust Law and a Third-Tier Metropolitan ranking in General Commercial Litigation. The Burns White Wheeling, W. Va., office also earned First-Tier Metropolitan rankings for the Morgantown, W. Va., area in Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants. The rankings, including 30,322 rankings of 8,782 law firms nationally, in 81 practice areas, are posted online at www.usnews.com/bestlawfirms; the national first-tier rankings will be featured in the October print issue of U.S.News & World Report, which is available for purchase beginning September 27. The methodology for the U.S. News – Best Lawyers “Best Law Firms” involved surveying thousands of law firm clients; leading lawyers and law firm managers, partners and associates, marketing officers and recruiting officers. Each was asked about the factors they considered vital for clients hiring law firms, for lawyers choosing a firm to refer a legal matter to, and for lawyers seeking employment. Full data is available online for the law firms that received rankings, from the largest firms in the country to hundreds of one-person and two-person law firms, providing a comprehensive view of the U.S. legal profession that is unprecedented both in the range of firms represented and in the range of qualitative and quantitative data used to develop the rankings. ###

Burns White Earns National and Regional Acclaim in Multiple Practice Areas

Pittsburgh, Sept. 22, 2010 — Burns White has received both national and regional acclaim in the inaugural U.S. News & World Report/Best Lawyers® Best Law Firms Rankings for 2010. Burns White is one of only 10 out of 120 firms with Pittsburgh offices to receive a first-tier national ranking in any category. It is the only firm in Pennsylvania to receive a First-Tier National ranking in Railroad Law practice and also just one of 16 firms in the entire country to earn this particular honor in the Railroad Law category. “This honor is meaningful because it reflects the dedication of our attorneys and their continued efforts to maximize the return that our clients invest in us every day,” said Founding Member David White. “We take great pride in the partnerships we’ve established with our clients across all practice areas and are flattered to be included among the elite group of firms represented in these rankings,” added David Damico, Transportation Group Practice Head and Member of the firm’s Executive Committee. Burns White’s Pittsburgh office also earned First-Tier Metropolitan rankings in Medical Malpractice Law – Defendants, Personal Injury Litigation – Defendants, and Railroad Law, as well as a Second-Tier Metropolitan ranking in Antitrust Law and a Third-Tier Metropolitan ranking in General Commercial Litigation. The Burns White Wheeling, W. Va., office also earned First-Tier Metropolitan rankings for the Morgantown, W. Va., area in Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants. The rankings, including 30,322 rankings of 8,782 law firms nationally, in 81 practice areas, are posted online at www.usnews.com/bestlawfirms; the national first-tier rankings will be featured in the October print issue of U.S.News & World Report, which is available for purchase beginning September 27. The methodology for the U.S. News – Best Lawyers “Best Law Firms” involved surveying thousands of law firm clients; leading lawyers and law firm managers, partners and associates, marketing officers and recruiting officers. Each was asked about the factors they considered vital for clients hiring law firms, for lawyers choosing a firm to refer a legal matter to, and for lawyers seeking employment. Full data is available online for the law firms that received rankings, from the largest firms in the country to hundreds of one-person and two-person law firms, providing a comprehensive view of the U.S. legal profession that is unprecedented both in the range of firms represented and in the range of qualitative and quantitative data used to develop the rankings. ###

Five Burns White Attorneys Selected as 2011 Best Lawyers in America

Pittsburgh, August 10, 2010 — Five Burns White attorneys have been selected for the 17th edition of Best Lawyers in America® for 2011. The Pittsburgh attorneys honored were Michael W. Burns, for Commercial Litigation, Media Law and Railroad Law; David A. Damico for Railroad Law; Daniel B. Donahoe for Railroad Law; and David B. White for Medical Malpractice Law and Personal Injury Litigation. From the firm’s Wheeling, W. Va., office, Patrick S. Casey was recognized for Healthcare Law, Medical Malpractice Law, Personal Injury Litigation and Professional Malpractice Law. This marks the ninth consecutive year Mr. Damico has received this honor, followed by Mr. Burns and Mr. White (five consecutive years) and Mr. Donahoe and Mr. Casey (four consecutive years). Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. None of the winners knows when he or she has been nominated or by whom. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 39,000 leading attorneys cast almost 3.1 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel Magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” It is important to note that the lawyers listed in Best Lawyers have no say in deciding which practice areas they are included in. They are voted into practice areas entirely as a result of the votes they receive from their peers. The subspecialties listed after their names are based on information from a variety of sources.

US v Stricker et al

By: Medicare Team

Recently the United States Government, on behalf of the Centers for Medicare & Medicaid Services (CMS), filed a recovery action against defendant corporations, their insurance carriers and plaintiff’s counsel, following an amicable settlement of a liability action. The case, US v. Stricker et. al., CV-09-PT-2423-E, was filed on December 1, 2009, nearly six (6) years after the settlement agreement was filed in the underlying action on December 2, 2003. The underlying action settled for $300 million dollars in 2003. CMS is asserting that it previously made conditional payments on behalf of 907 of the plaintiffs for medical expenses related to injuries released in the settlement agreement. CMS claimed a right to reimbursement for these conditional payments, plus interest against the defendant corporations as self-insured entities, their insurance providers and numerous attorneys representing the group of plaintiffs. Additionally, CMS asserted double the amount of conditional payments against the defendant corporations and their insurance providers due to the necessity of instigating the lawsuit. This lawsuit reinforces Medicare’s published statutory recovery rights, and should serve as a warning to counsel, insurance carriers and self insured entities as to Medicare’s departure from their prior statements of how they would proceed in collecting on liens in general liability matters. Furthermore, this case illustrates the importance of investigating a Medicare lien early in the life of a claim, so that settlement negotiation may properly account for amounts owed to Medicare. If parties fail to account for a Medicare lien, they may lose their right to appeal the amount of the lien, and as evidenced by this litigation, can face substantial costs years later. Additionally, the responsibility for lien repayment should be unequivocally identified in the settlement agreement and parties should take precautions before releasing payment. Burns White recommends consulting with a Medicare Attorney prior to any settlement, judgment or award where a bodily injury claim has been alleged. Please feel free to contact any of the attorneys in our Medicare Department or Bruce McKnight, marketing & operations manager, at (412) 995-3247 for any and all of your Medicare questions. 01-11-10

Shanicka Kennedy appointed to the City of Pittsburgh Ethics Hearing Board

Pittsburgh, June 14, 2010 – Associate Shanicka Kennedy has been appointed to the City of Pittsburgh Ethics Hearing Board for a two-year term.

This five member board is charged with enforcement and education as to the City’s Ethics Code. The Board issues advisory opinions, and works with the Personnel Department to implement a comprehensive training program, in addition to hearing Citizen Complaints.

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