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Burns White welcomes five Associates to offices in Pittsburgh and Philadelphia

PITTSBURGH, July 7, 2016 — Burns White LLC welcomes five Associates with practices spanning products liability and toxic tort/family law, Medicare compliance, workers’ compensation, and healthcare and long-term care to its offices in Pittsburgh and Philadelphia.

Pittsburgh

Products Liability and Toxic Tort/Family Law

Gilda M. Arroyo’s practice focuses in the areas of products liability and toxic tort litigation, as well as all aspects of family law. Prior to joining Burns White, Ms. Arroyo’s practice involved complex civil litigation, partnership disputes, custody disputes and divorces. She graduated from the University of the District of Columbia David A. Clarke School of Law.

Medicare Compliance

Durwin Fuller, Jr. assists insurance companies, self-insured businesses and third-party administrators in complying with the Medicare Secondary Payer Act. Prior to joining Burns White, Mr. Fuller held a position at a company that specialized in the resolution of Medicare compliance issues, where he drafted Medicare Set-Aside Allocations (MSAs) and pinpointed issues arising out of the preparation of workers’ compensation and general liability MSAs. He received a J.D. from the University of Pittsburgh School of Law.

Philadelphia

Workers’ Compensation

Max R. Kimbrough defends insurance companies, self-insured employers and third-party administrators throughout Pennsylvania and New Jersey in workers’ compensation claims. Prior to joining the firm, Mr. Kimbrough practiced workers’ compensation defense at two Philadelphia-area law firms. Mr. Kimbrough graduated from the Pennsylvania State University, Dickinson School of Law.

Healthcare and Long-Term Care

Matthew S. Polaha defends hospitals, long-term healthcare facilities and individual healthcare professionals in medical malpractice matters. Before pursuing a career in law, Mr. Polaha served as a Lieutenant Commander in the U.S. Navy for more than 13 years. He currently serves in the U.S. Navy Reserve, Judge Advocate General Corps. Mr. Polaha graduated from Villanova University School of Law.

Christy L. Williamson handles professional and medical malpractice claims. Ms. Williamson has extensive experience defending medical malpractice cases and representing healthcare providers in both state and federal courts in Pennsylvania. She has also handled mass tort litigation and general negligence matters. Ms. Williamson earned a J.D. from Widener University School of Law.

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LEGAL UPDATE: The U.S. Department of Labor announces interim final rules that will increase OSHA’s maximum civil penalties by 78%

By: Daivy P. Dambreville, Esq.

The U.S. Department of Labor has announced two interim final rules to adjust civil penalty amounts, which include penalties assessed by the Occupational Safety and Health Administration (OSHA).

Under the first interim final rule, OSHA’s maximum penalties will increase by 78% with the maximum penalty for serious violations raised from $7,000 to $12,471, and the maximum penalty for willful or repeated violations raised from $70,000 to $124,709.

For years, OSHA has attempted to persuade Congress to increase the penalties that the agency can impose, noting that the low level of civil penalties posed the greatest obstacle to effective OSHA enforcement. In an official news release issued by OSHA, U.S. Secretary of Labor Thomas E. Perez stated, “Civil penalties should be a credible deterrent that influences behavior far and wide.”

Under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the U.S. Department of Labor is directed to publish interim final rules by July 1, 2016. The department will accept public comments for 45 days to inform the publication of any final rule. These rules do not automatically apply to states regulated by State Plans; however, since State Plans must be at least as effective as OSHA, states are also likely to increase civil penalties.

For more information on how these changes may affect your business, contact any member of the Burns White Occupational Safety and Health team.

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Burns White adds two medical malpractice attorneys to its Philadelphia office

PHILADELPHIA, June 28, 2016 — Burns White announced the addition of experienced trial attorneys Ruth R. Wessel as a Member and Kirsten B. Hare as an Associate to its Philadelphia office. Both attorneys formerly practiced at Obermayer Rebmann Maxwell & Hippel LLP, defending hospitals, physicians and nurses in medical malpractice litigation.

Ms. Wessel co-chaired Obermayer’s Medical Malpractice Group. She has more than 30 years of experience defending hospitals, physicians and other hospital staff in complex malpractice claims.

Ms. Hare brings more than 25 years of experience in medical malpractice defense to the Healthcare and Long-Term Care Group. Aside from medical malpractice litigation, her practice involves independent arbitrations through the Philadelphia Court of Common Pleas Compulsory Arbitration Program.

“We are excited to have Ruth and Kirsten join our team,” said Managing Member of Burns White’s Philadelphia office Jeffrey S. Adler. “They are a natural fit with our growing healthcare practice and the continued expansion of this office.”

“For us, Burns White just seemed like a logical progression for my practice,” said Ms. Wessel. “The firm’s distinguished representation in the healthcare field, its ability to support my clients with its large roster of attorney talent of varying experience levels and its collegial company culture are just some of the things that led me to make this move.”

The addition of Ms. Wessel and Ms. Hare mark the firm’s first Philadelphia lateral hire in 2016, but is its third lateral hire overall in the professional liability area of practice in the past year. Burns White brought on board legal malpractice defense Members James R. Schadel and Scott R. Eberle in August 2015, followed by medical malpractice defense Members Joseph A. Macerelli and John A. Bass as well as Associates Ralph M. Monico and Russell D. Giancola to its Pittsburgh office in January 2016. The firm furthered its Pittsburgh bench strength through merging with 11-attorney boutique litigation firm Dapper, Baldasare, Benson, Behling & Kane, PC at the beginning of this year.

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PDI selects Russell Giancola as Young Lawyer of the Year

PITTSBURGH, June 28, 2016—The Pennsylvania Defense Institute (PDI) named Associate Russell D. Giancola as its Young Lawyer of the Year. The annual award honors a young lawyer who best exemplifies the qualities of professionalism and dedication as defense counsel in the practice of law and in the promotion of the highest ideals of justice in the community, and has a demonstrated commitment to PDI and its members.

Mr. Giancola serves the organization as co-chair of its Professional Liability Subcommittee. His practice involves defending hospitals, long-term care facilities, physicians and other healthcare providers in medical malpractice and other professional liability litigation, and general liability litigation.

Mr. Giancola, along with other award recipients, will be recognized during the PDI Annual Meeting, July 14-15 at the Omni Bedford Springs Resort in Bedford, Pa., where he will also be speaking about recent developments in medical malpractice caselaw.

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John Bass and Ralph Monico obtain a dismissal for a hospital client facing claims of negligence

Member John A. Bass and Associate Ralph M. Monico obtained a dismissal in a negligence claim in Mercer County, Pa. against a hospital client for allegedly releasing a decedent’s body to his wife, when his children objected to the validity of their marriage and had obtained an adjudication in a separate court that they, and not the wife, had the power to direct disposition of the decedent’s remains. Plaintiff, a son of the decedent, filed a negligence action seeking compensatory and punitive damages.

Messrs. Bass and Monico interposed preliminary objections arguing that the plaintiff’s principle cause of action, negligent mistreatment of a dead body, was not recognized as a viable cause of action under Pennsylvania law. They also argued that plaintiff’s 20 Pa. C.S. § 305 petition, through which he purportedly obtained the power to direct disposition of the remains, was invalid as it was filed outside the 48-hour statutory time window. The court agreed, adopting Burns White’s written arguments and avoiding potentially damaging publicity for our client.

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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25 Burns White attorneys named to 2016 Pennsylvania Super Lawyers/Rising Stars lists

PITTSBURGH, May 13, 2016 — Twenty five Burns White attorneys in offices in Pittsburgh and Philadelphia were named to the 2016 Pennsylvania Super Lawyers/Rising Stars lists.

The Pennsylvania Super Lawyers Ratings is a distinction received by no more than five percent of attorneys practicing in the state. Burns White’s distinguished recipients for this year include:

Pittsburgh

  • John A. Bass, Member, practice areas: medical malpractice and long-term care litigation
  • Stuart W. Benson III, Member, practice area: workers’ compensation
  • David A. Damico, Executive Committee Member, practice areas: railroad defense, products liability/toxic tort litigation and occupational illness litigation
  • Robert E. Dapper, Jr., Member, practice areas: insurance coverage and extracontractual litigation, commercial litigation, professional liability and trucking litigation
  • David H. Dille, Member, practice area: workers’ compensation
  • Russell D. Giancola, Associate, practice areas: medical malpractice, professional liability litigation and general liability litigation
  • Joseph A. Macerelli, Member, practice areas: medical malpractice, professional liability litigation, personal injury, insurance and products liability defense
  • James R. Schadel, Member, practice areas: legal malpractice defense, professional liability defense and general liability litigation
  • Patrick Sorek, Member, practice areas: commercial litigation and employment law
  • David B. White, Executive Committee Member, practice areas: commercial litigation, products liability litigation, professional malpractice litigation, financial institution litigation, employment litigation and energy industry litigation.

Philadelphia

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. The firm’s 2016 recipients include:

Pittsburgh

  • Matthew G. Brouse, Member, practice areas: energy litigation and transactional matters
  • Bryson F. Datt, Jr., Member, practice areas: trucking law, commercial litigation, business law, and insurance coverage and extracontractual litigation
  • Scott R. Eberle, Member, practice areas: legal malpractice defense, professional liability defense, attorney disciplinary defense and general liability litigation
  • Patrick M. Horvat, Associate, practice areas: transportation, toxic tort litigation and products liability litigation
  • Christopher M. Jacobs, Member, practice areas: extracontractual insurance litigation, insurance coverage litigation and commercial litigation
  • Molly L. Kremer, Associate, railroad litigation, occupational and toxic tort litigation, and products liability litigation
  • Matthew A. Meyers, Associate, practice areas: insurance litigation, insurance coverage and extracontractual litigation, commercial litigation and trucking law
  • Tara B. Rodrigues, Associate, practice areas: long-term care/healthcare law, professional negligence, licensure issues, contract negotiation and products liability litigation
  • Stephanie Solomon, Associate, practice areas: commercial litigation, products liability litigation, retail and hospitality, trucking law and professional liability litigation
  • Douglas J. Stipanovich, Member, practice areas: general liability litigation, products liability litigation, professional liability litigation and commercial litigation
  • Dorothy C. Wolbert, Associate, practice areas: family law and collaborative law

Philadelphia

  • Courtney C. Barbacane, Associate, practice areas: medical malpractice litigation, nursing neglect and professional liability litigation
  • Joshua A. Brand, Associate, practice areas: employment law and commercial litigation
  • Joseph L. Gordon, Associate, practice areas: labor and employment law, commercial litigation and healthcare law

An annual rating service of the Thomson Reuters, Legal division, the Super Lawyers list’s patented, multiphase 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.

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 130 attorneys, the law firm operates offices in Delaware, New Jersey, Ohio, Pennsylvania and West Virginia.

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LEGAL UPDATE: OSHA issues final rule requiring certain employers to provide injury and illness data for public disclosure

By: Daivy P. Dambreville, Esq.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a final rule on May 11, 2016, requiring employers in high-hazard industries to submit injury and illness data to OSHA for the purpose of posting on its publicly accessible website.

By way of background, OSHA issued a notice of proposed rulemaking in November 2013, to add electronic recordkeeping requirements that would require some employers to electronically submit injury and illness data to OSHA on a quarterly and/or annual basis. The proposed rule sought to establish a public searchable website where the collected data would be available to the public. OSHA later published a supplemental notice of proposed rulemaking in August 2014, which would prevent employers from taking adverse retaliatory employment actions against employees that had reported an injury and/or illness. The final rule is substantially similar to OSHA’s proposals.

Depending on the industry and employers’ size, the final rule requires electronic submission of injury and illness data. Specifically, employers with 250 or more employees (inclusive of seasonal, temporary and part-time staff), employers with greater than 20 but fewer than 250 employees in certain identified industries, and employers that receive notification from OSHA are required to submit the appropriate forms (i.e. 300, 300A and/or 301). OSHA will subsequently post the information obtained on its public website.

The final rule will take effect on August 10, 2016, at which time employers are required to inform employees they have a right to report a work-related injury. In addition, employers will be prohibited from retaliating against employees for reporting an occupational injury. Employers will be required to electronically submit Part 1904 of the recordkeeping forms by July 1, 2017.

For more information on how these changes to the Occupational Injury and Illness Recording and Reporting Requirements might affect your business, contact any member of the Burns White Occupational Safety and Health team.

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