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Burns White welcomes four Members to its Pittsburgh office

PITTSBURGH, Aug. 13, 2013 — Burns White hired four seasoned Members well versed in complex business and healthcare transactions, and commercial, healthcare and employment litigation to further strengthen its end-to-end client offerings. Manning J. O’Connor II, Mark Stadler, Patrick Sorek and Douglas C. Hart, all formerly of Cohen Seglias Pallas Greenhall & Furman PC, joined the firm’s North Shore headquarters, effective Aug. 1.

“Our goal has been and continues to be to further expand our breadth and depth of legal offerings to businesses in the region and beyond,” said David B. White, Founding Member of Burns White. “We’re confident that the addition of this new team of experienced attorneys will enhance our transactional bench strength, while shoring up the litigation arm of the firm.”

Messrs. O’Connor, Stadler, Sorek and Hart, who joined Philadelphia-based Cohen Seglias in January 2010, were energized about re-joining a firm with Pittsburgh roots. “I’m from Pittsburgh—born and raised,” said Mr. Stadler. “It’s nice to be a part of an organization with such a strong local history and presence.”

“Burns White has an outstanding reputation in- and outside the legal community,” added Mr. O’Connor, former Managing Partner at the Pittsburgh office of Cohen Seglias. “Culturally and professionally speaking, the move was just a good fit for us and for our clients.”

With an emphasis on employment, commercial and healthcare litigation, Mr. O’Connor is a seasoned trial attorney. He represents businesses in a wide range of litigation matters, handling disputes involving breaches of contract, harassment claims, non-compete/non-solicitation agreements and trade secrets, among others. An educator and frequent speaker, he serves on the adjunct faculty at Duquesne University School of Law, and regularly speaks at seminars and conferences on the topics of trial evidence, employment litigation and commercial litigation. Mr. O’Connor received both J.D. and B.A. degrees from Duquesne University.

Having more than 30 years of hands-on experience, Mr. Stadler regularly represents business entities and individual business owners in commercial transactions and disputes, with a subpractice devoted to the representation of healthcare providers, charities and related enterprises. He is well versed in all aspects of business operations, including business planning; entity formation and tax matters; mergers, acquisitions and divestitures; corporate structuring and reorganization; governance and management issues; and third party contracting. Mr. Stadler obtained his J.D. from the University of Pittsburgh and his B.A. from Yale University.

Mr. Sorek is a commercial litigator with considerable trial experience in employment and civil rights matters. In addition, he is a court-qualified mediator and early neutral evaluator in the federal district court’s alternative dispute resolution program. A former Trial Attorney with the Civil Division, U.S. Department of Justice, Mr. Sorek represented the White House, NASA, the FBI and other federal agencies and officials in district court litigation nationwide. He received a J.D. from the University of Pittsburgh, an L.L.M. from Brussels Free University and a B.A. from Princeton University.

An experienced trial attorney, Mr. Hart has a broad reaching litigation practice handling commercial litigation, employment, discrimination, real estate, construction and healthcare-related matters in both state and federal courts. In addition, he is a frequent speaker on various employment-related topics. Mr. Hart, who’s also a Certified Public Accountant, spent several years in the fields of accounting and finance prior to beginning his legal career. He received both J.D. and M.B.A. degrees from Duquesne University, and a B.A. from the University of Pittsburgh.

In addition to the Members’ arrival, Burns White announced the expansion of its Philadelphia-area Healthcare and Long-Term Care Group with the hiring of three associates, two with extensive nursing backgrounds, earlier this month. The group has more than doubled in size since January 2012.

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Healthcare litigators secure successful outcomes for clients in Philadelphia and Lackawanna Counties

PITTSBURGH, Aug. 9, 2013 — Member Stuart T. O’Neal, III and Associate Harry P. McGrath recently obtained favorable outcomes for a physician client and hospital clients in Philadelphia and Lackawanna, Pa. Counties. The following are the highlights:

  • Mr. O’Neal secured a complete dismissal for a physician client on the eve of trial in a medical malpractice matter in Philadelphia County, where the plaintiff’s demand was $12 million.
  • Mr. O’Neal and Mr. McGrath also obtained a dismissal for a hospital client in a medical malpractice case in Philadelphia County. The hospital raised preliminary objections challenging several procedural deficiencies in the plaintiff’s complaint, which were sustained in their entirety, resulting in the client’s dismissal.
  • Finally, a petition for equitable relief in the form of a permanent injunction was granted on behalf of a hospital client in Lackawanna County, banning a problem patient for life. The client initiated the action after encountering continuous problems from a frequent patient, who was both verbally abusive and threatening to hospital staff.

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

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Burns White Philadelphia office expands healthcare practice

PHILADELPHIA, Aug. 1, 2013 — The Philadelphia office of Burns White is expanding its healthcare and long-term care practice with the addition of three seasoned Associates, two with extensive nursing backgrounds. Sylvia A. McCullough, Melissa C. Morris and M. Sean Maravich recently joined a team of litigators that has more than doubled in size since January 2012.

A Critical Care Certified Registered Nurse (CCRN) since 1985, Ms. McCullough draws from her extensive medical background when defending long-term care and healthcare facilities against negligence, medical malpractice and general liability claims. In addition, she has represented both plaintiffs and defendants in state court, federal court and arbitration in workers’ compensation, Social Security and employment law. She earned a J.D. from Widener University and a B.S.N. from Gwynedd Mercy College.

Ms. Morris, a registered nurse with a master’s degree in bioethics, primarily represents long-term care providers in medical malpractice claims. Prior to joining the firm, she served in various legal, consulting and medical roles throughout the Philadelphia area, including Manager of the Progressive Care Unit at Albert Einstein Medical Center and Owner of Morris Legal Nurse Consulting. Ms. Morris received a J.D. from Temple University, an M.B.E. from the University of Pennsylvania, a B.A., magna cum laude, from Temple University and an R.N. from the Hospital of the University of Pennsylvania.

Mr. Maravich brings more than 20 years of experience in representing physicians, nurses and healthcare institutions in all facets of medical malpractice litigation to the Healthcare and Long-Term Care Group at Burns White. This area of practice was honed at several large Philadelphia-area law firms, where he assisted a diverse array of clients with medical malpractice, products liability, commercial litigation and insurance-related matters. Mr. Maravich received both J.D. and B.A. degrees from Temple University.

Sylvia, Melissa and Sean will be great assets to our team,” said William J. Mundy, Co-Chair of the Healthcare and Long-Term Care Practice Group. “Sylvia and Melissa’s medical backgrounds, paired with Sean’s seasoned litigation experience, will play a pivotal role in assisting with practical case analyses and detecting discrete issues that ordinarily might be missed.”

Aside from the growing team of attorneys, the group has expanded in another way—with a new office. Burns White opened a Wilkes-Barre, Pa. office in 2012 to support existing and prospective healthcare clients in the area.

“The opening of the Wilkes-Barre office has enabled us to better serve area clients,” said Member Stuart T. O’Neal. “While it currently functions as a second home for me and several other Philadelphia-based attorneys, we are hopeful of the future growth potential there.”

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Burns White receives reversal for a skilled-nursing facility client owned by Beaver County

Pittsburgh, Aug. 1, 2013 — Burns White Members Jennifer McPeak and Ira Podheiser, and Associate Jeffrey Bailey, recently obtained a favorable result for a skilled nursing facility client owned by Beaver County in the Commonwealth Court of Pennsylvania reversing an earlier order denying a motion to have claims against it dismissed on the grounds of governmental immunity.

The plaintiff in this matter was the administrator of his late father’s estate, who had been a resident at the client’s facility and sued both Beaver County and another company which provided management services to the county-owned facility. Burns White successfully had the plaintiffs’ claims against it dismissed on the grounds it was immune from suit pursuant to the Pennsylvania Political Subdivision Tort Claims Act. At the same time, the management company asserted cross-claims for indemnification against Beaver County based on the management agreement it had with the County. Again citing to the Political Subdivision Tort Claims Act, the County sought to dismiss the cross-claim, however, the trial court denied this request.

Because the trial court’s order was from a non-final (interlocutory) order, the County could not immediately appeal the denial of the management company’s cross-claim to the Commonwealth Court as of right. As a result, Burns White successfully sought permission from the Commonwealth Court to immediately hear this appeal, as it involved a controlling question of law on which there were substantial grounds for difference of opinion. Following briefing and argument, a three-judge panel of the Commonwealth Court unanimously reversed the trial court and ordered that the management company’s cross-claim be dismissed pursuant to the Tort Claims Act. The panel held that, despite plaintiff’s characterization of its claim as one for contractual indemnification, the Act does not permit a county to contractually waive immunity for actions essentially sounding in negligence.

Please contact Ms. McPeak or Mr. Podheiser and Bailey for further information.

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

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Employment Law Group wins motion to dismiss for a national security company client

Pittsburgh, July 31, 2013 — The Burns White Employment Law Group obtained a motion to dismiss for a national security company client in a lawsuit alleging it should be held accountable for the bad acts of a vendor’s employee allegedly acting under the client’s direction. In the suit, the plaintiff, a direct competitor, sought monetary damages and to force the client out of certain geographical markets.

The case was filed in the United States District Court for the District of Utah. In its motion to dismiss, Burns White Employment lawyers led by Group Co-Chair Dean Falavolito, who argued the motion in federal district court, along with Associate Laura E. Caravello, who authored the motion and brief, successfully asserted that the plaintiff did not and cannot prove that the person in question was acting under the direction of the client. As a result, the court dismissed the claims against the client.

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

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Superior Court of PA affirms decision for Burns White client in contract dispute

Pittsburgh, July 30, 2012 — Litigation Chair David B. White and Appellate Chair Ira L. Podheiser recently obtained a favorable decision from the Superior Court of Pennsylvania affirming a money judgment in favor of a Burns White client which, when the litigation is finally concluded, will likely exceed half a million dollars. The case began when a law firm in Indiana, Pennsylvania commenced an interpleader action asking the court to determine whether the seller, Burns White’s client, or the buyer in an unconsummated property sale was entitled to the $300,000 escrow deposit. Following a jury trial in October 2011, the jury returned a verdict in favor of our client and determined that he was entitled to the entire deposit. In addition, because the contract of sale between the parties permitted the “prevailing party” in any litigation between them to recover reasonable counsel fees, the court awarded our client an additional $152,417.24 in legal fees and costs. The trial court also ruled that our client was entitled to post-judgment interest and accrued interest on the $300,000 deposit.

The buyer appealed the verdict and judgment, and, following briefing and argument, a three-judge panel of the Superior Court unanimously affirmed the judgment. In a 34-page opinion, the panel emphatically rejected all of the buyer’s arguments, which included allegations of error regarding admission of evidence, jury instructions, judicial recusal, change of venue, and challenges to the awards of counsel fees and contractual and post-judgment interest.

For additional information, contact Mr. White or Mr. Podheiser.

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

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Stephen Hall obtains summary judgment for railroad clients in occupational injury case

Transportation Litigator Stephen A. Hall obtained summary judgment in Lucas County, Ohio for three railroad clients named in an occupational injury case that was filed by the plaintiff, a former employee. Citing the Federal Employers’ Liability Act (FELA) and the Locomotive Inspection Act (LIA), plaintiff alleged that he was exposed to harmful repetitive trauma to various areas of his body over the course of his employment. He also claimed that he was subjected to improperly maintained locomotives that created an unnecessary risk of personal injury.

In deposition, Mr. Hall obtained the plaintiff’s admission that the Burns White clients had provided him a reasonably safe place to work. While plaintiff reported informally complaining to management about uncomfortable operational equipment, Mr. Hall secured plaintiff’s admission that he (a) never took out an FRA noncompliant locomotive, and (b) never took out a locomotive that wasn’t in proper condition or one that created an unnecessary risk of personal injury.

Due to these admissions, the court entered judgment in favor of the railroads because it found that the plaintiff failed to create an issue of fact as to whether any of the railroad defendants violated the FELA or the LIA.

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

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Lyle Washowich and Daniella Corcuera author article on Suspicious Activity Reports for Transactions magazine

Co-Chair of the Banking and Financial Services Group Lyle D. Washowich and Law Clerk Daniella Corcuera authored an article titled, “Suspicious Activity Reports: Deciding When A Good Faith Suspicion Is Good Enough” for the July 2013 issue of Transactions, the official membership publication of the Pennsylvania Association of Community Bankers. Click here and flip to pages 46-47 to read the article.

Mr. Washowich will be giving a presentation on a similar topic addressing the current standards for voluntary reporting of suspicious activity at the association’s 136th Annual Convention in Boston, Mass. on Sat., Sept. 21, 2013 from 3:45-4:45 p.m.

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Stuart T. O’Neal writes article on corporate liability litigation for MD News

Member Stuart T. O’Neal wrote an article on the evolving theory of corporate liability in medical malpractice claims for the July/August 2013 issue of MD News. Titled “Corporate Liability Litigation: Not Just For Hospitals Anymore,” the article looks at how a better understanding of these claims, paired with some proactive measures, can be a physician’s best defense for avoiding them in the future. Click here and flip to page five to read the complete article.

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Banking and Financial Services Group obtains summary judgment for banking client facing breach of fiduciary duty and conspiracy claims

After 2.5-years of litigation, the Burns White Banking and Financial Services Litigation secured summary judgment in the Court of Common Pleas in Chester County, Pa. for a banking client facing claims of breach of implied covenant of good faith and fair dealing, fraud in the inducement, aiding and abetting breach of fiduciary duty and civil conspiracy. Plaintiff, a commercial customer of the bank, entered into two construction loan agreements in excess of $25 million with his business partner, who was also sued in the case. The partners defaulted on the loans and our client proceeded to renegotiate them, with the defendant business partner eventually purchasing the notes from the bank. Plaintiff alleged that the bank owed him a duty to renegotiate the loans in good faith, that he was treated unfairly by the bank and that his business partner was given preferential treatment because of his longstanding relationship with our client.

Led by Managing Member of the Philadelphia office Jeffrey S. Adler, Co-Chair of the Banking and Financial Services Litigation Group Lyle D. Washowich and Senior Paralegal Gene E. Kline, Burns White argued that our client pursued repayment of the loans through actions permitted under the loan agreements and never acted unlawfully. The Court agreed, dismissing all claims against our client and stating, “Plaintiff failed to sufficiently allege an unlawful act committed by [the bank] or a lawful act committed by unlawful means for an unlawful purpose.” The court order, which can be downloaded here, sets a legal precedent on these issues and similar claims.

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

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