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Lyle Washowich and Alexandra Malatesta co-author article on syndicated loans and loan participations for Transactions Magazine

Member and Co-Chair of the Banking and Financial Services Group Lyle D. Washowich and Law Clerk Alexandra Malatesta co-authored an article titled “Identifying Opportunities for Community Banks through Syndicated Loans and Loan Participations” for Transactions Magazine, a monthly membership publication of the Pennsylvania Association of Community Bankers (PACB). Click here to download a PDF of the article as seen in the December 2012 issue of Transactions.

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Healthcare and Long-Term Care Group secures final ruling in medical malpractice matter for hospital client

Member Stuart T. O’Neal and Associate Anne P. Schmidt of the Healthcare and Long-Term Care Group secured a dismissal with prejudice for a hospital client in a medical malpractice action where a party representing the deceased patient alleged the administration of various drugs and drug combinations causing prolongation of the QTc interval, QT prolongation in the EKG and sudden cardiac death.

Burns White successfully entered a judgment of non pros for failure to file timely certificates of merit and later filed a motion to strike the plaintiff’s certificate of merit and dismiss his complaint with prejudice on the basis that it was not certified by the appropriately licensed professional qualified to offer opinions critical of the hospital’s agents and employees. The court agreed, granting Burns White’s motion.

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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T.H. Lyda and Edwin Palmer pen article on Food Safety Modernization Act for Chemical Distributor magazine

Members T.H. Lyda and Edwin B. Palmer wrote an article for the November/December 2012 issue of Chemical Distributor, a publication of the National Association of Chemical Distributors, providing a legislative update of the Food Safety Modernization Act 22 months after its enactment. Click here and scroll to page 12 to read it in full.

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Superior Court of PA upholds summary judgment obtained by Nichole Humes for insurance client

The Superior Court of Pennsylvania upheld an award of summary judgment in the Washington County Court of Common Pleas entered on behalf an insurance broker represented by Burns White amidst allegations of breach of contract and fraud. The appellant’s insurance company rejected a fire damage claim brought by the appellant and the appellant filed suit against his insurance broker and insurance company. The appellant alleged damages upwards of $1 million as a result of a fire at a large commercial building.

Burns White Attorney Nichole E. Humes originally argued the matter in the Court of Common Pleas and recently argued to uphold the trial court’s findings before the Pennsylvania Superior Court. The Superior Court affirmed the trial court’s dismissal of the case finding that the appellant could not maintain a lawsuit against the insurance broker for breach of an oral contract where appellant alleged that the insurance broker orally agreed to add him as an additional insured on an unrelated third party’s insurance policy. The Superior Court further found that the appellant was not considered an insured under the insurance policy and that the policy did not cover the damages caused by the fire.

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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Stuart T. O’Neal obtains dismissal for social worker client

Member Stuart T. O’Neal obtained a dismissal for a licensed social worker against civil allegations that she engaged in fraudulent business activities and unethical conduct. The client, now residing in Virginia, denied all allegations brought by the business’ partnership and her former employer, and was not charged criminally. District Justice Edward M. Lewis found not only in favor of the defense, but also ordered that all defense fees and costs be submitted to binding arbitration for potential reimbursement.

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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Stuart T. O’Neal and Robert Forster obtain summary judgment for a foster service client

Stuart T. O’Neal and Robert Forster successfully defended a private foster child placement service and several of its named employees in a claim brought by foster parents contesting the county agency’s decision to place the foster children with different foster parents. The complaint, filed in federal court, raised constitutional and pendent state claims against the county agency and the Burns White client. The defendants filed comprehensive motions for summary judgment raising the plaintiffs’ lack of standing, the federal abstention doctrine and qualified immunity, among other defenses. The plaintiffs voluntarily dismissed their complaint against all parties before oral argument on the motions.

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 welcomes four associates to firm

PITTSBURGH, Nov. 19, 2012 — Burns White hired associates Lindsay S. Kift and Nathan J. Ward to its Pittsburgh office, Sean P. O’Mahoney to its Philadelphia office and Taisha K. Tolliver to its Cherry Hill, N.J. office.

Ms. Kift is an associate of the Workers’ Compensation Group, where she defends employers and insurance companies against workers’ compensation claims. Prior to joining the firm, she served as a senior legal & compliance analyst for a certified public accounting and business consulting firm in Boston. Ms. Kift received a J.D. from New England School of Law in 2007 and a B.A. in Political Science from Dickinson College in 2002.

A Medicare Compliance Group associate, Mr. Ward’s practice focuses on the resolution of Medicare compliance issues that arise in the settlement of workers’ compensation and general liability claims. While attending Duquesne University School of Law, he clerked for the firm’s Workers’ Compensation Group. Mr. Ward graduated magna cum laude from Point Park University with a B.A. in English in 2004.

Mr. O’Mahoney, an associate and former law clerk of the Healthcare and Long-Term Care Group, defends nursing homes, healthcare facilities and medical professionals in nursing home and medical malpractice litigation. He received a Juris Doctor and a Master of Science in Criminal Justice from Roger Williams University in 2012, as well as a B.A. in Political Science from Dickinson College in 2007.

Ms. Tolliver is a Healthcare and Long-Term Care Group associate, concentrating on medical and nursing home malpractice defense. Prior to joining the firm, she defended insurers and self-insured entities against workers’ compensation claims at a regional insurance defense firm. Ms. Tolliver earned a J.D. from Widener University School of Law in 2011 and a B.A. in Law and Justice Studies from Rowan University in 2008.

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Daniel Hampton receives a defense verdict for a major railroad client in a FELA trial

Daniel Hampton, a Member of the Transportation Practice Group, and local co-counsel Barry Loftus, recently received a defense verdict on behalf of a major railroad client in a two-day Federal Employers Liability Act (FELA) trial in Indiana state court.

The plaintiff conductor/engineer alleged that walking on uneven and oversized ballast stone, and getting on and off of moving rail cars led to the development of degenerative changes and bilateral torn menisci in his knees, resulting in two arthroscopic knee surgeries and one total knee replacement surgery.

The defense team argued that the railroad client provided the plaintiff with a reasonably safe place to work and that his knee problems were the result of a motor vehicle accident unrelated to his allegations in the case.

The jury found that the railroad did provide the plaintiff with a reasonably safe place to work and rendered a defense verdict in its favor.

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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ACBA awards Stephanie Solomon a partial scholarship to the 32nd Annual National Trial Advocacy College

The Allegheny County Bar Association (ACBA) Federal Court Section awarded Litigation Associate Stephanie Solomon a partial scholarship to attend the 32nd Annual National Trial Advocacy College to be held in January 2013 at the University of Virginia School of Law in Charlottesville, Va. Ms. Solomon was one of two attorneys selected to receive this award funded by the section, the Attorney Admission Fund of the U.S. District Court for the Western District of Pennsylvania and the Academy of Trial Lawyers of Allegheny County.

Serving approximately 150 lawyers per year, this five-day program provides attendees with intensive hands-on advocacy training and seminars by some of the most highly regarded trial lawyers and judges in the nation.

Ms. Solomon’s current practice focuses on commercial litigation and professional liability litigation, with a particular emphasis on the defense of lawyers and law firms against liability claims and disputes.

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