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Burns White welcomes six Associates to four offices in Pa. and N.J.

PITTSBURGH, March 16, 2016 — Burns White LLC welcomes six Associates with practices spanning Medicare compliance, employment, insurance coverage litigation and healthcare and long-term care to its offices in Pittsburgh, Philadelphia and Wilkes-Barre, Pa. and Cherry Hill, N.J.

Pittsburgh

Medicare Compliance

Rachel M. Maldonado concentrates her practice in Medicare compliance issues that arise in workers’ compensation and general liability settlements. A registered attorney with the U.S. Social Security Administration, she has vast knowledge of and experience with Medicare, Medicare Set-Asides and workers’ compensation law in Pennsylvania. Ms. Maldonado received a J.D. from Duquesne University.

Employment

Katherine J. McLay represents employers and businesses of all sizes in employment and commercial litigation. Prior to joining Burns White, Ms. McLay served as a judicial clerk to the Honorable Mary Jane Bowes of the Superior Court of Pennsylvania, where she assisted in the disposition of both criminal and complex civil matters. She received both J.D. and M.B.A. degrees from the University of Pittsburgh.

Philadelphia

Insurance Coverage Litigation

Kathleen P. Dapper represents insurers in a variety of insurance bad faith and insurance coverage disputes throughout Pennsylvania. Prior to joining Burns White, she practiced bad faith and insurance coverage litigation at a civil litigation firm in Philadelphia. Ms. Dapper graduated cum laude from Villanova University School of Law.

Healthcare and Long-Term Care

Roger P. Cameron defends long-term care providers and professionals in medical malpractice litigation. Both a trial attorney and a litigator, Mr. Cameron has over 10 years of experience managing complex litigation in both state and federal courts, including professional malpractice, major personal injury, medical device and pharmaceutical mass tort litigation, products liability and business actions. He graduated from the University of Pennsylvania School of Law.

Wilkes-Barre

Healthcare and Long-Term Care

Amy Redington Riley maintains a diverse civil litigation practice, with an emphasis on defending hospitals, physicians and long-term care facilities in professional and general liability claims. Prior to returning to her hometown in Northeastern Pennsylvania, Ms. Riley was a litigation attorney in Boston, Mass. for nearly ten years with the majority of her time dedicated to the defense of medical malpractice, legal malpractice, construction site injury and premises liability cases. She graduated from Boston University School of Law.

Cherry Hill

Healthcare and Long-Term Care

Lauren S. Angeles focuses her practice on medical and nursing home malpractice defense. Prior to joining Burns White, Ms. Angeles defended physicians and physician practice groups in medical malpractice litigation throughout Pennsylvania. She earned a J.D. from Widener University School of Law in Wilmington, Del., where she obtained a Health Law Certificate with honors.

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T.H. Lyda weighs in on likelihood of copycat cases in light of $4.2 million fracking verdict for Law360

In an article yesterday for Law360, Member and Chair of the Environmental Group T.H. Lyda was one of several lawyers to weigh in on the likelihood of copycat cases emerging due to a recent federal jury’s award of $4.24 million to two families alleging that natural gas drilling contaminated their water supply in Dimock Township, Pa. Dimock was one of the communities featured in Oscar-nominated “Gasland,” a 2010 documentary that aimed to expose possible hazards of domestic natural gas drilling.

“There is always a concern from a defense standpoint that an adverse verdict could lead to ‘blood in the water’ and attract new claims. Alternatively, settling cases and not vigorously defending them when the scientific evidence is in the company’s favor can have the same result,” he said. “Some juries have a hard time processing scientific testimony when a sympathetic plaintiff is pursuing a claim against a large company that has suffered many setbacks in the media and the problems in the area have been widely reported on.”

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Two Burns White attorneys named to 2016 New Jersey Rising Stars list

CHERRY HILL, N.J., March 11, 2016 — Burns White Associates Ahsan A. Jafry and Brian D. Pagano of the Cherry Hill office were named to the Rising Stars list in the 2016 edition of New Jersey Super Lawyers.

Mr. Jafry has been selected by his peers for inclusion in the New Jersey Rising Stars for the past five years. He defends physicians, nurses, dentists, hospitals, nursing homes, assisted living facilities and other medical providers in medical malpractice matters. In addition, he teaches trial advocacy at Rutgers School of Law – Camden. Mr. Jafry also served on the New Jersey Supreme Court’s Committee on Model Civil Jury Charges from 2010-2014. He graduated from Temple University James E. Beasley School of Law.

Named to the New Jersey Rising Stars list since 2014, Mr. Pagano focuses his litigation practice on long-term care and medical and nursing home malpractice defense. Prior to joining Burns White, he practiced in the areas of professional liability and healthcare litigation, municipal and public entity litigation and employment litigation. Mr. Pagano also served in the United States Army and the New Jersey National Guard. He received his J.D. from Rutgers University.

Rising Stars is an annual rating service of the Thomson Reuters, Legal division. To be eligible for list inclusion, a candidate must be either 40 years old or younger, or in practice for 10 years or less. The selection process for Rising Stars 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.

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Burns White attorneys receiving Best Lawyers in America ranking appeared in Pittsburgh Post-Gazette supplement

The following Burns White attorneys appeared in the March 4, 2016 Best Lawyers in America supplement in the Pittsburgh Post-Gazette. First published in 1983, Best Lawyers® is based on a peer-review survey where more than 52,000 attorneys cast nearly 5.5 million votes on the legal abilities of other lawyers in their practice areas and geographic locations.

Commercial Litigation, Pittsburgh

Insurance Law, Pittsburgh

  • Robert E. Dapper, Jr.

Litigation — Construction, Pittsburgh

Litigation — Insurance Pittsburgh

  • Brian S. Kane*

Litigation — Labor and Employment, Pittsburgh

  • Michael W. Burns

Mass Tort Litigation / Class Actions— Defendants, Pittsburgh

  • Michael W. Burns

Media Law, Pittsburgh

  • Michael W. Burns

Medical Malpractice Law — Defendants, Pittsburgh

Personal Injury Litigation — Defendants, Pittsburgh

  • Michael W. Burns
  • Robert E. Dapper, Jr.

Railroad Law, Pittsburgh

Workers’ Compensation Law — Employers, Pittsburgh

* Indicates lawyers who are listed for the first time in Best Lawyers.

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Stuart T. O’Neal and M. Sean Maravich obtain a defense verdict for a hospital client in Philadelphia County

Members Stuart T. O’Neal and M. Sean Maravich obtained a complete defense verdict on behalf of Chestnut Hill Hospital in the Court of Common Pleas of Philadelphia County. The trial, which lasted close to two weeks, was presided over by the Honorable Denis P. Cohen. The matter was a professional liability and medical malpractice matter, with direct claim of corporate liability against the hospital as well.

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

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Superior Court of Pa. reverses trial court decision ruling in favor of Burns White client demanding specific performance for purchase of real estate

The Superior Court of Pennsylvania recently reversed a decision by the Court of Common Pleas of Butler County denying our client’s post-trial motion to remove a compulsory non-suit in a breach of contract claim asking for specific performance. Our client entered into a sale of real estate contract for the purchase of a 71-acre tract of land located in Butler County. The client brought an action in the Court of Common Pleas when the sellers refused to close on the transaction and convey the property to the client. The lawsuit sought the remedy of “specific performance,” meaning that he was seeking the Court to order the sellers to transfer the property to our client. Following a non-jury trial, the Court of Common Pleas ruled that a valid contract existed and that it had been breached, but granted a non-suit on the client’s claim for specific performance, ruling that our client had not proven that a remedy of money damages would be inadequate as a matter of law.

After the trial court denied the post-trial motion to remove the non-suit, the client retained Burns White to handle the appeal to the Superior Court. Our team, led by Member Ira L. Podheiser, argued that the trial court abused its discretion after finding a valid and enforceable contract of sale, but not granting specific performance directing transfer of the property. The Superior Court agreed, and in a unanimous, published opinion, found that the trial court erred in denying specific performance, the appropriate remedy, when our client clearly established that his remedy at law was inadequate given the circumstances. In addition, the Superior Court clarified and reaffirmed the long-established doctrine holding that “land is unique,” and that specific performance for a purchaser of real estate was the normal remedy for a breach and should only be denied if it would be “inequitable” to do so. As a result, the Court reversed the judgment, and remanded for the entry of judgment on the client’s claim for specific performance.

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

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Burns White adds four professional liability attorneys with a healthcare industry focus to its Pittsburgh office

PITTSBURGH, Jan. 27, 2016 — Burns White hired Joseph A. Macerelli and John A. Bass as Members, as well as Ralph M. Monico and Russell D. Giancola as Associates to its Pittsburgh office. Formerly from Grogan Graffam, P.C., all four are experienced trial attorneys with a professional liability focus serving the healthcare and legal industries.

This marks the firm’s second lateral hire in the professional liability area of practice in the past six months. At the end of August 2015, Burns White brought on board legal malpractice defense Members James R. Schadel and Scott R. Eberle. The firm furthered its local bench strength through merging with boutique litigation firm Dapper, Baldasare, Benson, Behling & Kane, PC at the beginning of this year.

“We’re committed to growing and adapting our practice offerings with top-notch talent to meet our clients’ evolving legal and business needs in Pittsburgh and beyond,” said Executive Committee Member David B. White. “We’re very pleased to have Joe and his esteemed team joining the firm—which will greatly complement our expanding professional liability practice.”

“For us, it was just the right time to connect with Burns White,” said Mr. Macerelli, Former Chair of Grogan Graffam’s Professional Liability Group. “From the breadth and scope of practice offerings to the geographic footprint, there’s just amazing growth potential.”

Following are highlights of each attorney’s background:
Mr. Macerelli concentrates his practice in the areas of medical malpractice and other professional liability, personal injury, insurance and products liability defense. A seasoned trial attorney, he has more than 35 years of experience representing medical professionals, hospitals and other healthcare providers in state and federal courts. Mr. Macerelli is Past President of the Academy of Trial Lawyers of Allegheny County and the Pennsylvania Defense Institute. He also held a three-year term as the Pennsylvania State Representative for the Defense Research Institute.

Mr. Bass also focuses in medical malpractice and nursing home defense. An experienced trial attorney, Mr. Bass has successfully defended hospitals, physicians and other healthcare providers in a wide range of matters in both common pleas and appellate courts of Pennsylvania. He is an appointed member of the Academy of Trial Lawyers of Allegheny County, as well as a board member of the Neighborhood Legal Services Association. In addition, Mr. Bass is a former member of the Allegheny County Bar Association’s Civil Division Council.

Mr. Monico is experienced in a wide range of commercial and civil litigation, with a focus in professional liability defense and licensure matters. He has also defended numerous clients in premises liability, automobile insurance law, products liability, construction litigation, excess indemnity liability and other insurance defense and insurance coverage litigation. In addition, Mr. Monico has represented school districts, a borough and several municipal authorities in a variety of contract matters and litigation as a former Township Solicitor.

Mr. Giancola defends hospitals, long-term care facilities, physicians and other healthcare providers in medical malpractice and other professional liability litigation, and general liability litigation. Prior to joining Burns White, he practiced professional liability litigation, products liability, insurance defense and commercial litigation. Mr. Giancola is a Duty Officer of the Professional Ethics Committee of the Allegheny County Bar Association and Co-Chair of the Professional Liability Committee of the Pennsylvania Defense Institute.

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Burns White promotes three attorneys to membership status

PITTSBURGH, Dec. 16, 2015 — Burns White LLC is pleased to announce the promotion of three attorneys to Member in its Pittsburgh and Philadelphia offices, effective Jan. 1, 2016.

Pittsburgh

Jenna R. DiFrancesco joined Burns White in 2014 as an Associate, after spending several years building and managing Rice Energy’s title department. Ms. DiFrancesco’s practice focuses on a wide range of transactional and property matters in the coal, oil and gas industry, including due diligence review, drafting certified title opinions, and curing title defects for clients operating in the Marcellus and Utica Shale. She also has significant abstracting experience and is Vice-President and Chief Operating Officer of Chain of Title Land Services, LLC, an abstracting and property research company operating in the Appalachian Basin. Ms. DiFrancesco received her J.D. from the University of Louisville.

Philadelphia

Steven E. Sinkway, who joined the firm as an Associate in 2005, handles general insurance defense, errors and omissions matters, and long-term care/medical malpractice litigation. Prior to joining Burns White, Mr. Sinkway practiced medical malpractice defense, as well as Federal Employers’ Liability Act litigation involving repetitive stress injuries and occupational illnesses. He graduated from Duquesne University School of Law.

An Associate at Burns White since 2013, M. Sean Maravich has more than 20 years of experience in medical malpractice defense. A seasoned litigator, Mr. Maravich represents physicians, nurses and healthcare institutions in all facets of litigation throughout eastern Pennsylvania and New Jersey, as well as in various alternative dispute resolution formats including mediation and arbitration. He obtained a J.D. from Temple University School of Law.

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Burns White welcomes seven attorneys to offices in Pa.

PITTSBURGH, Dec. 3, 2015 — Burns White LLC welcomes one Of Counsel and six Associates with practices spanning commercial litigation, design and construction, healthcare and long-term care, and workers’ compensation to its offices in Pittsburgh and Philadelphia.

Pittsburgh

Commercial Litigation

Kenneth N. Schott, III is an Associate practicing in the areas of commercial litigation, employment law, financial services and legal malpractice defense. Mr. Schott graduated from Duquesne University School of Law, where he was a member of the Duquesne Law Review and served as its Production Editor.

Workers’ Compensation

Associate Douglas J. Keil defends self-insured employers, insurance companies and third-party administrators in workers’ compensation litigation. Prior to joining the firm, Mr. Keil was engaged in the practice of personal injury, workers’ compensation and Social Security disability litigation. He graduated from the University of Louisville Brandeis School of Law.

Philadelphia

Design and Construction

Associate Tiffany R. Marini defends design professionals and property owners in professional and general liability claims. Ms. Marini graduated from Villanova University School of Law, where she was a Staff Writer and Associate Editor for the Jeffrey S. Moorad Sports Law Journal.

Healthcare and Long-Term Care

Marcy B. Tanker represents clients in a wide range of complex civil litigation matters, with a primary focus on the defense of medical professionals and hospitals in malpractice litigation. She is currently Of Counsel at the firm. Prior to joining Burns White, Ms. Tanker practiced civil litigation involving a variety of personal injury, commercial and medical malpractice cases. She was also a Founding Partner of Fitzpatrick and Tanker. Ms. Tanker graduated from the University of Pennsylvania Law School.

Michael B. Reese is an Associate focusing on the defense of long-term healthcare providers in medical malpractice and professional liability litigation. Prior to joining Burns White, Mr. Reese’s practice involved the defense of complex medical malpractice claims on behalf of health systems, hospitals, physicians, nurses and other healthcare providers. Mr. Reese earned his J.D. from Temple University Beasley School of Law.

Workers’ Compensation

Chad B. Gordon is an Associate who works with third party administrators, insurance carriers and self-insured employers in Pennsylvania and New Jersey to help them achieve expeditious and favorable solutions to their workers’ compensation claims. Prior to joining Burns White, Mr. Gordon was a Litigation Associate with a focus on consumer fraud, civil rights and employment law. Mr. Gordon graduated from Nova Southeastern University – Shepard Broad College of Law.

Associate John J. O’Donnell defends employers and insurers in workers’ compensation litigation throughout Pennsylvania. Mr. O’Donnell has more than 15 years of experience representing both employers and claimants before workers’ compensation judges, the state Workers’ Compensation Appeals Board and the Pennsylvania Commonwealth Court, giving him a unique understanding of claimant strategies and approaches. He is a graduate of Widener University School of Law.

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