Regular Post
News  /  , ,  /  0

Transportation lawyers secure favorable verdicts for railroad clients in four consecutive cases

In the last four cases, Burns White Transportation lawyers have secured three defense verdicts and one favorable verdict for railroad clients in occupational injury claims. Following are some highlights of each case.

  1. Member and Co-Chair of the Transportation Group T.H. Lyda and Member Daniel J. Hampton obtained a favorable verdict for two major railroad clients in a two-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 bridge and building worker claiming that our clients’ negligence caused him to develop a torn rotator cuff, which led to surgery, and to his alleged disability. The jury found the plaintiff to be 50% at fault, and awarded him damages amounting to half of the railroads’ final offer of settlement, and less than a third of the plaintiff’s final demand.
  2. Mr. Lyda and Associate Christine Hardy successfully obtained a defense verdict for a major Class I railroad client in a week-long jury trial held in Philadelphia. The claim, brought under FELA, involved a machinist welder plaintiff claiming that our client’s negligence caused the onset of arthritis in his lumbar spine and left hand which led to surgery and his ultimate disability. The jury, which only took about an hour to deliberate, dismissed all claims concluding that the railroad provided the plaintiff with a reasonably safe place to work.
  3. Mr. Lyda and Associate Candace G. Ragin represented two Class I railroads in a seven-day trial in the Court of Common Pleas of Philadelphia County. Plaintiff, a 63-year-old machinist, claimed that he developed degenerative disk disease in his low back, bilateral knee and elbow arthritis due to his work at a car shop and locomotive shops while working with the railroads. Mr. Lyda and his team argued that the plaintiff had a preexisting genetic arthritis which was supported by medical testimony and pre-employment x-rays demonstrating moderate degenerative changes in the plaintiff’s lumbar spine at the age of 24. After only two hours of deliberation, the jury found that both railroad clients provided the plaintiff with a reasonably safe place to work.
  4. Mr. Lyda and Member Edwin B. Palmer obtained a defense verdict for two Class I railroad clients in a three-day trial held in the Blair County Court of Common Pleas. The plaintiff, a 62-year-old former conductor, alleged that he developed occupational hearing loss and repetitive stress injuries to his spine and upper and lower extremities over the course and scope of his employment with both railroads. He ultimately stipulated to the dismissal of his repetitive stress claims, and the trial proceeded with his occupational hearing loss claim. At trial, Burns White attorneys established that the plaintiff failed to follow safety rules and would not wear hearing protection that was provided to him and as such proved that he was contributorily negligent. They also argued that his hearing loss was a function of the natural aging process. After less than a 30-minute deliberation, the jury returned a verdict in favor of our railroad clients.

Note: The results obtained in a particular case are heavily dependent on the facts and the law specific to that case.

Regular Post
News  /  , , , , , ,  /  0

Burns White promotes eight attorneys to membership status

PITTSBURGH, Dec. 17, 2014 — Burns White LLC is pleased to announce the promotion of eight attorneys to Member in its Pittsburgh and Philadelphia offices, effective Jan. 1, 2015.

Pittsburgh

Nicole E. Bazzy, who joined Burns White in 2004,is Co-Chair of the Estate Planning and Administration Group and practices in the areas of civil litigation and estate planning and administration. More specifically, she handles a variety of matters for Class I and short line railroads including occupational disease, toxic tort and railroad crossing litigation. Ms. Bazzy also focuses on the creation, funding and administration of special needs trusts. She received a J.D. from Duquesne University.

Matthew G. Brouse started at the firm as a law clerk/summer associate in 2009 before becoming an associate in 2010. He is experienced in a wide range of litigation and transactional matters affecting clients in the oil and gas, transportation and financial services industries. Mr. Brouse was recently named Co-Chair of the Energy Group at Burns White, where he handles contract and lease disputes and personal injury claims, and manages a transactional team that provides due diligence review, title curative measures and certified title opinions in oil and gas land acquisitions. Mr. Brouse graduated from Duquesne University School of Law.

Tony A. Comas, who was named to the 2008 Pennsylvania Super Lawyers® “Rising Stars” list, joined Burns White in 2005. He concentrates his practice in Medicare compliance, with a background in workers’ compensation defense. Prior to joining Burns White, Mr. Comas served as an associate attorney settling cases both at the federal and state levels regarding employment discrimination and consumer protection laws. He received a J.D. from Duquesne University.

Nina W. Gusmar started at the firm in 2006. She focuses her practice on occupational illness defense, healthcare law and compliance, and general corporate and intellectual property matters. Ms. Gusmar has a comprehensive background in the law, including experience in mergers and acquisitions, contracts, real estate, tax issues, healthcare and litigation. She graduated from the University of Pittsburgh School of Law.

Richard S. Sigurdson, II joined the law firm of Burns White in 2002. Mr. Sigurdson’s practice focuses on cases involving the Federal Employers’ Liability Act, defending Class I railroads in complex litigation matters involving occupational-related claims throughout the Northeast. In addition, he also handles commercial financial transactions for institutions such as banks and business capital investors in all facets of commercial transaction matters, with a focus on asset-based and cash flow lending and commercial transactions. Mr. Sigurdson received a J.D. from Duquesne University.

Kimberly W. Young concentrates her practice in the area of Medicare compliance in the settlement of workers’ compensation claims and general liability claims and is a frequent requested speaker on the Medicare Secondary Payer Statute. She joined the firm in 2008. Prior to joining Burns White, Ms. Young served as a judicial law clerk to the president judge of the Washington County Court of Common Pleas. Ms. Young graduated from Duquesne University School of Law.

Philadelphia

Angela A. Cronk joined Burns White in 2000 as an Associate and concentrates her practice in litigation, including commercial litigation, creditors’ rights, financial institution litigation, insurance defense and landlord remedies. Ms. Cronk, who was selected by her peers for inclusion on the 2011 and 2013 Pennsylvania Super Lawyers® “Rising Stars” lists, also handles general business and transactional matters for banks and companies of all sizes. Ms. Cronk received a J.D. from Duquesne University.

An Associate of the firm since 2011, Andrew J. Fuga practices construction law and litigation at Burns White. Selected for inclusion on the 2014 Pennsylvania Super Lawyers® “Rising Stars” list, Mr. Fuga represents architects, engineers and other design professionals in the handling of claims for delay, design-related claims, contractual disputes and payment claims. Mr. Fuga also defends construction industry clients and property owners against a wide range of personal injury claims arising from both general and professional liability. He graduated from Duquesne University School of Law.

Regular Post
News  /  ,  /  0

Burns White welcomes seven Associates to its Pittsburgh and Philadelphia offices

PITTSBURGH, Nov. 21, 2014 — Burns White LLC welcomes seven associates with practices spanning employment, energy, general litigation, healthcare and long-term care, and Medicare compliance to its offices in Pittsburgh and Philadelphia.

Pittsburgh

Energy Litigation
Cressinda “Chris” D. Schlag assists clients in the energy industry with a wide range of litigation issues, including contract interpretation, environmental impact claims, property disputes, royalty payments, personal injury claims, compliance and employment law matters. Ms. Schlag also assists financial institutions, manufacturing companies and corporate entities with regulatory and transactional matters related to cybersecurity, technology and social media. She graduated cum laude from the University of Pittsburgh School of Law.

General Litigation
Casey P. Mullen concentrates his practice in commercial litigation impacting a wide range of industries. He also defends clients in personal injury and professional liability cases. Prior to joining Burns White, Mr. Mullen was employed as a solo practitioner, representing clients in domestic relations matters, criminal matters, civil litigation, wills and estates and personal injury. He received a J.D. from Duquesne University.

Medicare Compliance
Autumn L. Pividori’s practice focuses on resolving Medicare compliance issues that arise in workers’ compensation and general liability settlements. Prior to joining the firm, Ms. Pividori held law clerk positions at a workers’ compensation firm in Philadelphia and an insurance defense firm in Pittsburgh. She received a J.D. from Duquesne University, where she served as chapter marshal of the Phi Alpha Delta Law Fraternity, and secretary and chairman of the Graduation Committee of the Student Bar Association.

Philadelphia

Employment Litigation
Joshua A. Brand practices employment and commercial litigation. A former assistant city solicitor for the City of Philadelphia, he defended the City and its agencies in employment litigation. Mr. Brand also represented the City in matters before the American Arbitration Association, the Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission, and the Philadelphia Commission on Human Relations. He graduated from the James E. Beasley School of Law at Temple University.

Healthcare and Long-Term Care
Nicholas F. Ciccone defends nursing homes, healthcare facilities and medical professionals in nursing home and medical malpractice claims. Prior to his current position, he worked as a law clerk at Burns White, an intern and assistant administrator at the Scranton Healthcare Center and a certified legal intern at the Villanova Health Law Clinic representing the interests of clients in a wide range of civil matters. Mr. Ciccone graduated from Villanova University School of Law.

Anthony S. Cottone primarily defends individual professionals and healthcare facilities in medical malpractice matters. He also maintains an active trial practice handling commercial disputes. A former assistant district attorney serving Chester County, Mr. Cottone successfully tried multiple jury and bench trials to verdict in the Chester County Court of Common Pleas. He graduated cum laude from Widener University School of Law.

Jacqueline Sabol Roe’s practice involves defending physicians and hospitals against professional and general liability claims. A seasoned litigator and trial attorney serving the healthcare industry, Ms. Roe has nearly ten years of experience handling medical malpractice and general liability claims on behalf of physicians and hospitals throughout Pennsylvania. She mostly recently was employed at Obermayer Rebmann Maxwell & Hippel LLP as an associate. Ms. Roe received a J.D. from Villanova University.

Regular Post
News  /  0

Emily Morales and Shirley Hampton urge for greater efficiency in NJ workers’ compensation practice

Workers’ Compensation Associates Emily P. Morales and Shirley A. Hampton relayed some challenges that they face as respondent attorneys in New Jersey for the Nov. 3, 2014 issue of the New Jersey Law Journal. Ms. Morales and Ms. Hampton urged all members of the New Jersey Bar to strive for greater levels of efficiency and equity in their daily practice for the betterment of both injured workers and their employers. Click here to read the article.

Regular Post
News  /  0

Burns White attains ten rankings in the 2015 U.S. News Best Law Firms Survey

PITTSBURGH, Nov. 3, 2014 — Burns White earned ten rankings in the 2015 U.S.News Media Group and Best Lawyers® “Best Law Firms” survey. Most notably, the firm received a national first-tier ranking in railroad law for the fifth year running and a national tier two ranking in mass tort litigation/class actions—defendants.

Other results included the following metropolitan rankings for Pittsburgh:

  • Tier 1: Labor & employment litigation, mass tort litigation/class actions— defendants, personal injury litigation—defendants and railroad law
  • Tier 2: Media law and workers’ compensation law—employers
  • Tier 3: Commercial litigation and medical malpractice law—defendants

Rankings are based on a rigorous evaluation process that includes a collection of client and lawyer evaluations and peer review from leading attorneys in their fields nationwide. Those surveyed provided feedback on the individual practice group’s expertise, responsiveness, understanding of business needs, cost-effectiveness, civility, integrity and likelihood of referral.

To be eligible for a ranking, a firm must have a lawyer listed in The Best Lawyers in America© listing, which recognizes the top 4 percent of practicing attorneys in the United States. The 2015 list was based on more than 5.5 million detailed evaluations of lawyers by other lawyers and contained 52,488 attorneys in 137 practice areas. Click here for more information on the six Burns White attorneys included in The Best Lawyers in America© 2015.

A complete listing of law firm results is available online: http://bestlawfirms.usnews.com, while the national first-tier rankings will be published in the first edition of the “Best Law Firms” Legal Issue, and national and metropolitan first-tier rankings will be featured in the “Best Law Firms” General Counsel publication.

For more information on Burns White and its 20 practice areas, including Banking and Financial Services, Business Practices, Energy, Estate Planning and Administration, Healthcare and Long-Term Care, Medicare Compliance, Transportation, Litigation and White Collar and Government Enforcement, visit the firm’s website at www.burnswhite.com.

Regular Post
News  /   /  0

Matthew Brouse named to Young Professionals Board of Junior Achievement of Western PA

Associate Matthew G. Brouse was recently named to the Young Professionals Board of Junior Achievement of Western PA. In this role, he’ll assist with advancing Junior Achievement’s mission of inspiring and preparing young people to succeed in a global economy through promoting interest and generating support among Pittsburgh’s young professionals.

Regular Post
News  /  ,  /  0

Burns White obtains summary judgment for an independent insurance company client in Ohio

Burns White Members Stuart T. O’Neal, III and John M. Steidle and Associate Laura E. Caravello recently obtained a summary judgment in Trumbull County, Ohio for an insurance client in a coverage matter. The third-party plaintiffs, three nurses who were being sued for medical malpractice in relation to the obstetrical management, labor and delivery of a baby born on Feb. 24, 2010, were seeking liability insurance coverage, and damages for breach of contract and bad faith.

Burns White attorneys argued that the policy did not apply to any loss prior to the retroactive date of Oct. 1, 2010, thus excluding the Feb. 24 incident from coverage. The court agreed, dismissing all counts in the third-party complaint with prejudice.

Note: The results obtained in a particular case are heavily dependent on the facts and the law specific to that case.

Regular Post
News  /   /  0

Jeffrey Adler quoted in a wage-and-hour-claim article in The Legal Intelligencer

Philadelphia-based Jeffrey S. Adler, Co-Chair of the Employment Group, was quoted in an article titled, “Wage-and-Hour Claims on the Rise in Pennsylvania.” Published on Sept. 23, 2014 in The Legal Intelligencer, it looks at possible rationales behind the increase in Fair Labor Standards Act-related litigation in the state over the past few years. Click here to read the article.

1 … 11 12 13 14 15 … 30