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Stuart T. O’Neal secures a dismissal in a defamation claim against a healthcare provider and its executive

Burns White Healthcare Litigator and Member Stuart T. O’Neal recently secured a dismissal of a defamation claim lodged against a large healthcare provider, as well as an individual executive from the same institution, facing alleged punitive damages. The claims for defamation, denied by the healthcare provider and the executive, were related to a former physician and department head, and brought on the physician’s behalf by his attorneys.

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Shanicka Kennedy named as one of Pittsburgh’s 40 Under 40

PITTSBURGH, Aug. 16, 2012 — Burns White Transportation Associate Shanicka L. Kennedy was named as one of this year’s 40 Under 40 by Pittsburgh Magazine and the Pittsburgh Urban Magnet Project for her commitment to shaping the Pittsburgh region and making it a better place for everyone.

For nearly 20 years, Ms. Kennedy, an advocate for the underprivileged, has worked in various roles that have allowed her to make a significant impact on the personal lives of youths and adults in the Pittsburgh region. Highlights of her current involvement include:

  • Board Member: City of Pittsburgh Ethics Hearing Board: Here she assesses citizen complaints brought under the Ethics Code, advises city employees on the application of the Ethics Code, and works with the city’s personnel department to promote a comprehensive program of Ethics training.
  • Board Member, Neighborhood Legal Services Association (NLSA): Shanicka initially became acquainted with this organization that provides civil legal assistance to poor and vulnerable local residents as an intern, helping clients with family law and landlord tenant issues and obtaining protection-from-abuse orders. Now, she continues to help shape the organization’s future through her role as a board member.
  • Committee Member, Every Child, Inc.: Shanicka was appointed to serve on the Challenge the Champions Committee, where she assists in planning and securing sponsorships for the organization’s annual fundraising gala. This year, $50,000 was raised to support its mission of providing family support and wellness services to children and families.
  • Committee Member, Pittsburgh Public Schools Occupational Advisory Committee: Shanicka provides counsel, curricula content and training techniques to faculty members for use in preparing students for career opportunities. She also assists in the selection of course materials and keeps abreast of industry personnel needs and internship opportunities.

Selected from a nomination pool of more than 220 candidates, this year’s 40 honorees under the age of 40 were chosen by an independent panel of judges comprised of former winners, business professionals and civic leaders. Nominees were evaluated on their level of passion, commitment, visibility, diversity and overall impact on the Pittsburgh region. All recipients will be featured in the November 2012 issue of Pittsburgh Magazine and recognized at an awards event on Nov. 2 at the Wyndham Grand Pittsburgh Downtown.

For the full list of the 2012 40 Under 40 award recipients, visit here.

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Nicholas Varischetti appointed to La Roche College Board of Trustees

Associate Nicholas D. Varischetti was recently appointed to serve a three-year term on the La Roche College Board of Trustees, effective October 2012-October 2015. In this capacity, Mr. Varischetti will be responsible for contributing toward the quality education and financial health of the college through his work on the Buildings & Grounds and Institutional Advancement Committees.

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Michael Cremonese and Andrew Fuga author article on differences between professional negligence and negligent misrepresentation for design professionals

Construction Group Co-Chair Michael Cremonese and Associate Andrew Fuga authored an article in The Legal Intelligencer’s construction law supplement published on Aug. 7. Titled “Professional Negligence vs. Negligent Misrepresentation,” the article takes a look at the increasingly blurring lines of demarcation between professional negligence and negligent misrepresentation claims brought against design professionals. Click here to read the article in full.

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Stuart T. O’Neal and Kara White obtain dismissals for hospital clients in an evolving area of corporate negligence

Burns White Healthcare and Long-Term Care Member Stuart T. O’Neal and Associate Kara C. White recently had success in an evolving area of corporate negligence typically associated with institutional malfeasance allegations—medical malpractice.

Mr. O’Neal and Ms. White secured the dismissal of corporate liability claims in three medical malpractice matters against two of the firm’s hospital clients. In all three cases, they argued through dispositive motion practice that elements of the Pennsylvania’s Supreme Court opinion in Thompson v. Nason Hospital were not met. For more information, contact Stuart T. O’Neal at soneal@burnswhite.com.

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The Superior Court of PA upholds summary judgment for an insurance company client

July 23, 2012 — Earlier this month, the Superior Court of Pennsylvania upheld a summary judgment entered in the Court of Common Pleas of Fayette County in favor of a large, national insurance company client. Founding Member David B. White and Associate Dean Falavolito successfully argued against an alleged breach of policy and a violation of the Consumer Protection Law, as well as a petition for certification of a class action. The case, which took nearly three years to conclude, was heard before the Superior Court of Pennsylvania in March.

In the putative class action, the lead plaintiff claimed that he, and all other Pennsylvania residents who purchased uninsured/underinsured motorist (UM/UIM) coverage “stacking” on a single vehicle policy were not actually given the benefits of “stacking.” The plaintiff based his theory on the 2008 Pennsylvania Supreme Court decision in Generette v. Dongeal Mutual Insurance Co. Burns White successfully argued that based on the Supreme Court decision, the defendant did not alter the terms of the insurance policy, and that the plaintiff and all other Pennsylvania residents continue to receive the benefits of “stacking,” even when they only have a single vehicle policy.

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Burns White hires three new associates to its Philadelphia office

PITTSBURGH, July 17, 2012 — Burns White LLC recently added Healthcare and Long-Term Care associates Harry P. McGrath and Anne P. Schmidt, as well as Workers’ Compensation associate Jesse B. Hallinan to its Philadelphia office.

Mr. McGrath, a 2011 graduate from Villanova University School of Law, has a special interest in medical malpractice defense and liability-related matters. While in law school, Mr. McGrath completed judicial internships for the Honorable Linda K. Caracappa, Magistrate Judge for the United States District Court in the Eastern District of Pennsylvania, as well as the Complex Litigation Center of the Philadelphia Court of Common Pleas.

Ms. Schmidt concentrates her practice in defending hospitals, physicians and long-term care facilities against professional and general liability claims. Prior to joining Burns White, she worked as an associate at Post and Post, LLC, where she successfully protected privileged client information from discovery through her knowledge and application of the Peer Review Protection Act, as well as assisted with pre-trial preparations and expert retention. Ms. Schmidt received a J.D. from Widener University in 2008.

Mr. Hallinan focuses on workers’ compensation defense. Prior to joining the firm, he served as an attorney at North Penn Legal Services, handling unemployment, workers’ compensation and family law matters in the Lackawanna and Dauphin County courts. Mr. Hallinan graduated from Widener University School of Law in 2011.

Burns White LLC is a full-service law firm that provides corporate, litigation and consulting counsel to clients operating across a broad spectrum of industries nationwide. Harnessing the collective skill of nearly 100 attorneys, the law firm operates offices in Cherry Hill, N.J., Cleveland, Harrisburg, Philadelphia, Pittsburgh, Princeton, N.J., Wheeling, W.V., Wilkes-Barre, Pa. and Wilmington, Del.

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