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John M. Steidle, Ira L. Podheiser and Stephie-Anna Kapourales Ramaley obtain summary judgment in a civil suit against a West Virginia church

PITTSBURGH, June 22, 2012 — On June 1, Members John M. Steidle and Ira L. Podheiser, as well as Associate Stephie-Anna Kapourales Ramaley, obtained summary judgment in a civil suit against a West Virginia church. The plaintiff, who alleged sexual abuse from a former minister at the church, filed a complaint alleging, among other things, that the church breached varying legal duties with respect to its employment of the pastor.

According to the complaint, the alleged abuse occurred in the mid 90s when the plaintiff was a minor. He didn’t report the incident to the police until 2007 nor file his first civil action until 2009 — 15 years after the last alleged encounter. As per W. Va. Code § 55-2-12 and W. Va. Code § 5-2-15, the plaintiff was required to file civil action by his 20th birthday in 2000. The plaintiff claimed that the statute of limitations was “tolled” due to the fact that he had repressed all memory of the incident. Based on evidence developed in the course of discovery which demonstrated that the plaintiff had, on several occasions, recalled the incident, the trial court rejected the plaintiff’s argument and held the statute of limitations barred his claims.

This ruling is significant because it indicates a willingness on the part of the courts to be skeptical of the widely used repressed memory defense in clergy abuse cases.

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Banking and Financial Services Litigation Group obtains preliminary injunction for wealth management subsidiary

Pittsburgh, June 6, 2012 — Burns White Banking and Financial Services Litigation Co-Chairs David B. White and Lyle D. Washowich, as well as Associate Brian M. Mancos, successfully obtained an emergency motion for a temporary restraining order and preliminary injunction for a wealth management subsidiary of a Pennsylvania-chartered savings bank.

The motion, which was filed in Indiana County, was against a former manager and employee of the subsidiary who left the company to form their own financial advising firm, by utilizing trade secret and proprietary customer information that encompassed approximately 90% of the subsidiary’s business. Attorneys on the Banking and Financial Services Litigation team worked swiftly with the client to create a strategy and compile discovery showing that the defendants had engaged in direct and unfair competition that would cause irreparable harm.

As a result, the motion was granted and the defendants were banned from divulging any of the subsidiary’s confidential information or trade secrets, recruiting any of its employees, and soliciting any current or prospective clients.

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Six Burns White Members named to Pennsylvania Super Lawyers/Rising Stars lists

PITTSBURGH, May 21, 2012 — Burns White Founding Member David B. White in the Pittsburgh office and Member attorneys Valerie H. Lieberman, William J. Mundy and Stuart T. O’Neal in the Philadelphia office were named to the 2012 Pennsylvania Super Lawyers list, a distinction received by no more than five percent of attorneys practicing in the state. In addition, two Member attorneys from the Pittsburgh office were selected for the Rising Stars list: Travis W. Smith and Chad A. Wissinger.

A Super Lawyer since 2004, Mr. White was chosen for his work in civil litigation defense. With a practice spanning several industries, he brings to his clients more than 30 years of demonstrated legal experience in business litigation, professional liability and alternative dispute resolution matters, as well as a practical business acumen and strong leadership skills as a team builder and project manager. Mr. White earned both B.S. and J.D. degrees from Duquesne University.

Ms. Lieberman, a first year Super Lawyer and newly elected member of the Workers’ Compensation Section Executive Council of the Pennsylvania Bar Association, was selected in the area of workers’ compensation. For more than 17 years, she has worked with insurance companies, self-insured employers and uninsured employers from a variety of industries to help reduce their exposure to workers’ compensation claims. Ms. Lieberman received a B.A. from Arcadia University and a J.D. from Benjamin N. Cardozo School of Law.

Since 2005, Mr. Mundy has been rated a Super Lawyer in the area of professional liability: defense. Co-chair of the firm’s Healthcare and Long-Term Care Practice Group, his practice focuses on the representation of long-term healthcare providers and the defense of medical malpractice and professional liability claims. Mr. Mundy obtained a B.A. from the Pennsylvania State University and a J.D. from Villanova University.

On the Rising Stars list since 2010, Mr. O’Neal received Super Lawyer status this year for his work in personal injury defense: medical malpractice. He handles professional liability, general liability, employment and corporate matters on behalf of various healthcare providers; is an advocate for the personal care home industry and has represented providers of all sizes at the administrative level. Mr. O’Neal earned a B.A. from Dickinson College and a J.D. from Villanova University.

The Pennsylvania Rising Stars rating is a distinction given to no more than 2.5 percent of the top up-and-coming attorneys in the state who are either 40 years old or younger, or in practice for ten years or less. Mr. Smith, Chair of the Medicare Compliance Group and Rising Star recipient in 2008 and 2010-2011, was named for his work in addressing Medicare issues in workers’ compensation and liability settlements. Mr.Wissinger, Co-chair of the Construction and Environmental Groups, earned this distinction in the area of construction litigation in 2007-2008 and 2011.

An annual rating service of the Thomson Reuters, Legal division, the Super Lawyers list selection process consists of a statewide survey of lawyers in more than 70 practice areas, independent research to identify outstanding lawyers, evaluation of candidates based on 12 indicators of peer recognition, a panel review by practice area and a discipline check of each candidate. The Pennsylvania listings will be published in the annual Pennsylvania Super Lawyers publication and in a special supplement in the June 2012 issues of Pittsburgh Magazine and Philadelphia magazine respectively.

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Burns White adds five associates to offices in Pennsylvania and West Virginia

PITTSBURGH, May 17, 2012 — Burns White LLC recently added healthcare associates Jeffrey R. Bailey to the Pittsburgh office and Elizabeth A. Stefanski to the Philadelphia office, workers’ compensation associates Ryan M. Carroll in Pittsburgh and Erin A. Padovani in Philadelphia and litigation associate Ryan M. Mick to the Wheeling office.

Mr. Bailey, a healthcare defense litigator, concentrates in medical malpractice, healthcare and general liability litigation. Prior to joining the firm, he served as an associate attorney at Thomson, Rhodes & Cowie, P.C. Mr. Bailey earned a J.D., magna cum laude, from the University of Pittsburgh School of Law in 2006, a B.S. in Information Systems from Slippery Rock University in 1998 and a B.A. from Grove City College in May 1997.

Experienced in complex state and federal litigation matters, Ms. Stefanski’s practice focuses on the defense of healthcare facilities and medical professionals. After graduating from Widener University School of Law in 2009, she worked as an associate at Kent & McBride, P.C., where she represented and defended corporations, medical device manufacturers, hospitals, construction companies and individuals in the areas of general liability, products liability, medical malpractice and construction defect matters. Ms Stefanski received a B.A. in Political Science from Villanova University in 2006.

As a former Allegheny County Assistant District Attorney, Mr. Carroll brings a wide breadth of trial and negotiation experience to the Workers’ Compensation group at Burns White, where he primarily defends employers and insurance companies in Pennsylvania. He obtained his J.D., cum laude, in 2007 from the University of Pittsburgh and received a B.S. in Finance from the Pennsylvania State University in 2001.

Ms. Padovani defends insurance companies, self-insured employers and third-party administrators against workers’ compensation claims. Prior to joining the firm, she was an associate at Carpenter McCadden & Lane, LLP. Ms. Padovani received a J.D., cum laude, in May 2010 from Widener University School of Law and a B.A. in English from Ursinus College.

Mr. Mick practices in the areas of civil and criminal law, with a focus in general liability litigation, healthcare law, products liability and employment law matters. He graduated from West Virginia University School of Law in 2010, where he worked at West Virginia University’s Legal Clinic representing clients in divorce, child custody and adoption proceedings. Mr. Mick received a B.A. in Political Science, summa cum laude, from West Virginia University in 2007.

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Nicholas Varischetti Appointed to Intergovernmental Cooperation Authority Board

PITTSBURGH, May 14, 2012 — Last week, Associate Nicholas Varischetti was appointed by the Pennsylvania Senate President Pro Tempore to serve on the Intergovernmental Cooperation Authority Board (ICA). Formed in March 2004 by Gov. Ed Rendell, the ICA’s primary task is to find solutions to Pittsburgh’s financial struggles. Visit http://www.pghica.org/index.php for more information.

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NACD Responsible Distribution Workshop presentation on what to do post-inspection is now available for download

Members T.H. Lyda and Chad A. Wissinger gave a presentation to members of the National Association of Chemical Distributors (NACD) Responsible Distribution Workshop, April 2-3, 2012 in Houston, Texas. A follow up to their webinar on how to survive an EPA inspection, “After the Panic Subsides – What Should You Do When the Inspector Leaves?” addressed steps that should be taken after experiencing a bad inspection. Click here to download the presentation.

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William J. Mundy publishes article on arbitration agreements in long-term care in New Jersey Law Journal

Burns White Member, and Healthcare and Long-Term Care Group Co-Chair William J. Mundy published an article in the March 26, 2012 issue of the New Jersey Law Journal. The write-up looked at the impact of the Federal Arbitration Act and recent U.S. Supreme Court opinions addressing unconscionability on New Jersey arbitration agreements in long-term care. Click here to read the complete article.

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Healthcare litigator Stuart T. O’Neal obtains defense verdict for professional liability corporation

In March 2012, Healthcare and Long-Term Care litigation Member Stuart T. O’Neal obtained a defense verdict in Montgomery County on behalf of a professional liability corporation in a matter where the plaintiff alleged defamation, as well as outrageous and reckless conduct that allegedly warranted punitive damages. The court found in favor of the defense and dismissed the plaintiff’s claims outright.

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