Category Archives: News

PITTSBURGH, November 1, 2012 — Burns White earned a national first-tier ranking in railroad law for the third year running and three metropolitan first-tier rankings in Pittsburgh for mass tort litigation/class actions defense, personal injury litigation defense and railroad law in the 2013 U.S.News Media Group and Best Lawyers® “Best Law Firms” survey.

The firm also received a national tier two ranking in mass tort litigation/class actions defense, a tier two ranking in Pittsburgh for labor and employment litigation and a tier three ranking in Pittsburgh for commercial litigation.

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.

“This distinction reflects our attorneys’ dedication to their work and continued efforts to maximize the return that our clients invest in us every day,” said Dave White, a founding Member of the firm. “We’re pleased to hear from them, as well as our colleagues, of our continued successes.”

For the third consecutive year, the “Best Law Firms” report showcases 10,000 law firms ranked nationally in one or more of 80 legal practice areas, or by metropolitan region or state in 118 practice areas. A complete listing of rankings is available online: http://bestlawfirms.usnews.com/, while the national first-tier rankings will be featured in U.S. News & World Report’s Money issue, on newsstands November 20, 2012.

For more information on Burns White and its 18 practice areas, including Banking and Financial Services Litigation, Business Practices, Healthcare and Long-Term Care, Medicare Compliance, Transportation, Litigation and White Collar and Government Enforcement, visit the firm’s website at www.burnswhite.com.

Earlier this month, Member John B. Cromer secured a directed verdict ruling for an environmental services client who, along with a subconsulting entity, was facing breach of contract and professional negligence allegations in the design of a water treatment plant that did not meet West Virginia Department of Environmental Protection (WVDEP) effluent discharge standards. This caused the agency to reject the work that was done on the facility.

After being awarded a contract by the WVDEP, the plaintiff, an engineering company, entered into a subconsulting agreement with an environmental services firm, the co-defendant, to develop a reclamation plan for a water treatment facility to remedy the problem caused from abandoned mine site drainage. Mr. Cromer’s client was the design professional in charge of the water treatment process and plant design.

Throughout the week-long trial, it was established that different design parameters and water quality specifications were given to the defendants in the subconsulting agreement. It was also determined that the agency’s self-imposed standard in this instance was higher than the expected goal. Later testing after the treatment facility was operational showed consistent levels meeting that standard or less.

Despite the plaintiff introducing testimony from seven witnesses, 30 pieces of evidence and arguing for almost $1 million in damages, the court concluded that the plaintiff had failed to prove that the defendants breached the standard of care in performing the duties outlined in the contract and that there was ‘no legally sufficient evidentiary basis for a reasonable jury to find for the plaintiff.’

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

Brian M. Mancos, an Associate in the Transportation Group, successfully obtained an order granting a motion for summary judgment in favor of two major railroad clients in the Court of Common Pleas in Philadelphia, Pennsylvania.

The plaintiff, a 59-year-old former railroad machinist, sued the defendants under the Federal Employers Liability Act (FELA), demanding over $600,000 in damages for alleged injuries to his lower back and neck as a result of the tasks he was required to perform during his employment. After substantial trial preparations and with the case scheduled in the December Trial Pool, the court reviewed defendants’ motion for summary judgment and granted that motion on Oct. 5, 2012, based on plaintiff’s failure to present any evidence of negligence by the railroads or any expert opinion concerning defendants’ liability. Judgment has been entered in favor of the defendant railroads in the matter.

Co-Chair of the Employment Law Group Dean Falavolito obtained a summary judgment earlier this week for the Pennsylvania Turnpike Commission in a case where a former employee claimed that the company discriminated against his alcohol and drug-related disability under the Americans with Disabilities Act Amendments Act (ADAAA) of 2008.

The plaintiff, a former tollbooth supervisor, was subject to a Last Chance Agreement due to prior attendance issues and was terminated for violating the attendance requirements included in that agreement when he missed several consecutive days of work in 2009. His most recent absence was due to his decision to attend a non-medical drug and alcohol treatment center that was not approved under the Turnpike’s sick and accident leave policy that provided for a paid leave of absence. Although the plaintiff had previously been approved to attend numerous treatment centers with paid leave, he believed the Turnpike should have accommodated his request by granting him unpaid leave without proper notification of his intent to do so.

By his extensive and thorough presentation of discovery, Dean made it evident to The U.S. District Court for the Western District of Pennsylvania that the Turnpike acted in full compliance with the ADAAA and that the plaintiff failed to fulfill his obligations. For the first time, the court noted that although the ADAAA made significant changes to the rules governing the rights of workers with disabilities, it “did not materially alter those provisions recognizing that drug- and alcohol-related disability claims are “treat[ed] differently from other disabilities by ensuring that employers do not have to go through the [same] accommodation process.”” On this basis, it concluded that it would be too onerous for employers such as the Turnpike to have to guess what accommodation is being requested without adequate communication from the employee. The court specifically stated that if a “breakdown” in the interactive process occurs by the fault of the plaintiff, it will defeat an individual’s claim for reasonable accommodation.

The court also noted, in accordance with prior precedent, that even though the Turnpike had complied with the reasonable accommodation requirements of the ADAAA, it was not technically required to do so in this case, as the plaintiff had been “accommodated” multiple times in the past while attending treatment facilities and was not required to continue to accommodate leaves of absence for “unsuccessful” treatment.

For more information, click here to view the court’s opinion in full.

Member John B. Cromer was quoted in a Sept. 14, 2012 article about New York City’s ban on sodas larger than 16 ounces for U.S. News & World Report. Click here to read the article.

Burns White Member Sheila M. Burke was selected to serve a three-year term on the Vincentian Home Board of Directors. The Vincentian Home is a continuing care retirement community that is part of the Vincentian Collaborative System, a not-for-profit Catholic healthcare and human services organization headquartered in Pittsburgh’s North Hills.

Burns White Member Sheila M. Burke was selected as one of the “2012 Most Powerful and Influential Women in Pennsylvania” by the National Diversity Council. Ms. Burke, along with other recipients, were honored Sept. 13 at the 3rd Annual Pittsburgh Diversity and Leadership Conference at Duquesne University.

Women recognized by the National Diversity Council for this award demonstrated leadership and a commitment to community service; a sustained record of accomplishments and/or contributions to their field of work; clout within their organizations in terms of significant impact on revenues, profitability and/or direction of the organization; and the highest ethical standards and professional excellence.

For more information on the council or the award, visit: http://www.nationaldiversitycouncil.org/.