Burns White Members T.H. Lyda and Edwin B. Palmer co-authored an article titled, “Dealing with uninvited company: A brief guide to preparing for and surviving a government inspection” for the March issue of The PIOGA Press, a monthly newsletter of the Pennsylvania Independent Oil & Gas Association. Click here to read the full article.
T.H. Lyda, Co-chair of the Transportation Practice Group, and local counsel Larry Bailey recently received a defense verdict on behalf of a major railroad client in a 2.5-week Federal Employers Liability Act (FELA) case trial in state court in Albany, NY.
The plaintiff engineer alleged that poor locomotive ride quality, ergonomically inadequate and badly maintained seats led to the development of advanced degenerative changes in his lumbar spine and subsequent spinal fusion. Plaintiff boarded roughly $200,000 in wage losses and alleged a 25% permanent disability.
The defense team argued that it provided a reasonably safe place to work and that the plaintiff’s back degeneration was due to a preexisting congenital pars defect that progressed due to years of participation in track and field throwing events at the high school and college level.
The jury found that the railroad did not violate the Locomotive Inspection Act and further found that our client provided the plaintiff with a reasonably safe place to work under FELA.
Christine R. Hardy, an Associate in the Transportation Group, was successful in obtaining an order granting the defendants’ motion in limine to preclude the plaintiff’s causation testimony and a motion for summary judgment in favor of two major railroad clients in the Court of Common Pleas in Philadelphia, Pennsylvania.
The plaintiff, a 58-year-old former railroad worker, sued the defendants under the Federal Employers’ Liability Act (FELA), demanding over $350,000 in damages for injuries to his wrists, elbows, shoulders, neck, back and knees. After substantial trial preparations and with jury selection scheduled to occur in less than a week, the court reviewed defendants’ motions in limine, and on February 13, 2012, granted defendants’ motion to exclude the testimony of the plaintiff’s medical expert who intended to offer testimony that the plaintiff’s work with the railroad had caused or contributed to his injuries. On February 14, 2012, the court reconsidered the defendants’ motion for a summary judgment and entered judgment in the matter in favor of the defendants.
This year, nine Burns White attorneys received an AV Preeminent-Top Rated Lawyers® rating by their peers, reflecting a combination of achieving very high general ethical standards and legal ability. Lawyers receiving this rating, compiled by Martindale-Hubbell, represent the highest level of professional excellence. Congratulations to: Jeffrey S. Adler, Michael W. Burns, David A. Damico, Robert S. Forster, Andrew Fylypovych, Valerie H. Lieberman, T.H. Lyda, William J. Mundy and David B. White.
PITTSBURGH, February 22, 2012 — Healthcare defense litigator Kara C. White recently joined the Philadelphia office of Burns White’s Healthcare and Long-Term Care Practice Group. Prior to joining the firm, Ms. White was an Associate at McCumber Daniels.
A registered nurse in Pennsylvania since 1999, Ms. White brings a unique perspective and understanding to medical and long-term care legal matters. Her practice involves defending hospitals, physicians and long-term care facilities against professional and general liability claims.
Ms. White, named to the Pennsylvania Super Lawyers® “Rising Stars” list from 2010-2011, is Vice Chair of the Medical Malpractice Committee of the Professional Liability Defense Federation (PLDF), an organization whose mission is to enhance the stature and effectiveness of professional liability defense professionals.
Ms. White received her Juris Doctor from Widener University School of Law in 2002, where she served as President of the Health Law Society, an Interscholastic Competitor of the Moot Court Honor Society and Editor of the Medical-Legal Watch publication. Prior to attending law school, Ms. White received her Bachelor of Science from the Pennsylvania State University, where she was a member of the Sigma Theta Tau, Beta Sigma Chapter, Honor Society for the School of Nursing. Ms. White served on the Penn State School of Nursing APG Board of Directors for two terms, and since then, has been a guest lecturer for students and faculty at Penn State School of Nursing, Hershey Medical Center on various legal topics for nurses.
Nichole E. Humes and Stephie-Anna Kapourales Ramaley were selected amongst attorneys across Pennsylvania to be recognized as unsung heroes by The Legal Intelligencer for their pro bono efforts. Recipients will be featured in the upcoming March 28 issue of the publication and will be honored at a breakfast on April 12 in Philadelphia. To view the full list of those being recognized, visit: http://thelegalintelligencer.typepad.com/tli/2012/02/the-legals-unsung-heroes.html
Burns White Member T.H. Lyda and Associate Amanda Sargent coauthored an article titled, “Many Happy Returns: Ensuring You Are Meeting Your RRB Tax Obligations” for the First Quarter 2012 issue of Legal Tracks, a publication of the American Short Line and Regional Railroad Association’s General Counsel Committee. Click here to download the article.
PITTSBURGH, January 30, 2012 — Burns White hired healthcare defense litigator, Stuart T. O’Neal, as a Member of the firm’s Philadelphia office to further strengthen and expand its Healthcare and Long-Term Care Practice Group. Prior to joining Burns White, he served as a shareholder at McCumber Daniels.
Named a 2010 and 2011 Pennsylvania Super Lawyer® Rising Star by Philadelphia Magazine, Mr. O’Neal handles professional liability, corporate compliance and general liability matters in defense of medical facilities, long-term care facilities, as well as hospitals, physicians and non-profit entities. He also manages a wide variety of commercial, employment and contractual disputes.
Mr. O’Neal is a Board Member and current President of the Professional Liability Defense Federation (PLDF), an organization based in Minneapolis, Minn. that is comprised of more than 235 members.
Additionally, Mr. O’Neal was named to the Pennsylvania Healthcare Association (PHCA) and their companion organization the Center for Assisted Living Management’s (CALM) Tort/Liability Committee, where Burns White serves as tort counsel. Mr. O’Neal, in that capacity, assists the committee in drafting and formulating legislative initiatives in an attempt to reform nursing home litigation in the Commonwealth. He also assisted in drafting the Amicus Brief on behalf of PHCA, CALM, LeadingAge PA, and the American Healthcare Association to the Pennsylvania Supreme Court to fight the extension of corporate liability to certain healthcare providers and their corporate entities.
Mr. O’Neal obtained his undergraduate degree from Dickinson College and his Juris Doctorate from the Villanova University School of Law.
PITTSBURGH, January 23, 2012 — In observance of the firm’s 25 years of providing quality legal services and expert counsel to businesses nationwide, Burns White is making a monetary contribution to the Allegheny Landing park restoration project being coordinated by Friends of Allegheny Landing and Riverlife this month.
The firm’s donation to the park, located off Isabella Street adjacent to Burns Whites’ corporate office in the North Shore, will be used for phase one of the project which will focus on restoring its upper portion, as well as adding additional plant life and lighting to the area. The renovation will consist of three phases, with an expected start date in the spring of this year.
“Over the past 25 years, our commitment to representing our clients with excellence has helped our firm grow from a staff of five lawyers to that of nearly 100,” said David White, a founding Member of Burns White. “To celebrate this milestone, it was important for us to give back to our North Side community. We’d like to see it continue to thrive for years to come.”
The firm opened its doors, Jan.1, 1987 at one Riverfront Center with a staff of 15 and later moved to occupying two floors at Fifth Avenue Place before purchasing the building at the firm’s current Pittsburgh location at Four Northshore Center in 1996.
“We chose the North Side because we liked the area’s setting, its close proximity to Downtown, as well as the building’s history — it was a warehouse for many years before it became an office building,” said White. “But the area looked completely different then than it does now. There was very little development at that point.”
In 1997, the firm opened up its second office in Wheeling, W.V., followed by offices in Philadelphia, Pa.; Princeton, N.J.; Wilmington, Del.; Cleveland, Ohio; Harrisburg, Pa. and Cherry Hill, N.J.
Once primarily known for its national work in railroad litigation, Burns White is now recognized as a full-service law firm that provides corporate, litigation and consulting counsel to clients operating across a broad spectrum of industries nationwide. With eight offices crossing five states, the firm specializes in 17 practice areas, including banking and financial services, construction, healthcare, litigation, long-term care, oil and gas, products liability and toxic tort, white collar and government enforcement, and workers’ compensation.
PITTSBURGH, January 20, 2012 — Burns White LLC recently added two new associates to the firm: Ryan A. Hauck of the Pittsburgh office and Scott D. Josephson of the Philadelphia office.
Mr. Hauck, a 2011 graduate of Duquesne University School of Law, is an Associate of the Workers’ Compensation Practice Group at Burns White, focusing his work on defending employers and insurance companies against workers’ compensation claims. Prior to joining the firm, Mr. Hauck worked as a law clerk at a business law firm in Pittsburgh, assisting with trial preparation, as well as researching and writing on various matters relating to school and municipal law, tax law, real estate, family law, estate planning and bankruptcy.
Mr. Josephson brings trial work experience in personal injury, employment and workers’ compensation-related matters to the Healthcare and Long-Term Care practice group at Burns White, where he specializes in medical malpractice defense. A graduate of Villanova University School of Law, he served in a similar capacity for other defense-oriented firms in the Philadelphia area before taking on his position at Burns White.
