PRACTICE AREAS

Led by Member Nicholas Cummins, our Appellate Advocacy Practice Group has won successful resolutions for our clients in federal and state courts across the country. Under Nick’s leadership, our talented team of appellate attorneys offer careful and thorough research skills in a variety of complex matters to obtain victories when it matters most. Our precise legal analysis and sophisticated briefing techniques have been published in court opinions and amicus briefs to create and shape lasting legal precedents. The team’s strategic and persuasive oral advocacy skills have proven effective and determinative in our post-trial motions and appeals.

The team maintains a symbiotic relationship with our other practice groups to handle appellate work in a wide range of substantive areas of the law. We pay careful attention to the ever-evolving legal landscape, staying abreast of developments as they occur in the courts to benefit our clients with the most up-to-date and relevant case law.

The Appellate Advocacy team at Bennett, Bricklin & Saltzburg also offers critical counseling and guidance to determine if and when an appeal is in our client’s best interests, always staying mindful of the potential impacts Superior and Supreme Court decisions may have on a practice area. Nick successfully authored the Petition for Certification to the Supreme Court of New Jersey in Townsend v. Pierre, 221 N.J. 36 (2014), as well as the underlying brief in the Appellate Division, obtaining a reversal for his client before the Supreme Court of New Jersey. Nick’s other notable appellate accomplishments include co-authoring the amicus curiae brief to the Supreme Court of Pennsylvania on behalf of the Pennsylvania Defense Institute in Babcock & Wilcox Co. v. American Nuclear Insurers, 2015 WL 4430352 (Pa. Jul. 21, 2015), which was quoted in the lead opinion.

For more information about our Appellate Advocacy Practice Group, please contact
Member Nicholas Cummins at cummins@bbs-law.com or 215-665-3328.

Led by Members Beth Carter, Daniel Moraglia and Michael Saltzburg, this group handles virtually every aspect of automobile litigation, including liability, uninsured and underinsured motorist and first party benefits cases. Additionally, the firm regularly provides its automobile insurance clients with advice on automobile policy coverage issues. The firm’s experience in automobile litigation reaches back to its origins and continues through passage of the commonwealth’s first No-Fault Act in the 1970's to the advent of the Pennsylvania Motor Vehicle Financial Responsibility Law twenty years later and, most recently, statutory modification of joint and several liability in Pennsylvania.

This group regularly holds seminars for its clients concerning the changing landscape of automobile insurance law as well as best practices for handling automobile claims so as to avoid issues under Pennsylvania’s “bad faith” statute. When new developments warrant and will not await a seminar, the section members provide written legal updates to clients and respond to inquiries concerning them, all at no cost to the client.

For more information, contact Members Daniel Moraglia at moraglia@bbs-law.com or 215-665-3366, Michael Saltzburg at saltzburg@bbs-law.com or 215-665-3340 or Beth Carter at carter@bbs-law.com or 215-665-3311.

Class action matters have been handled primarily by Member James T. Moughan. Mr. Moughan has been defending class actions since approximately 1990, when he was a partner at the firm of Duane Morris. The class action cases have been litigated at the trial level in both the state and federal courts, and Mr. Moughan has also personally appeared and argued on behalf of class action clients in the Pennsylvania Superior Court, the Pennsylvania Supreme Court, and the Federal Courts.

In several of these cases Mr. Moughan has both argued on behalf of his client and acted as lead counsel on behalf of a group of defense lawyers with similar and related cases, sometimes consolidated for trial and appeal purposes.

We have had significant experience and great success working with other firms in these matters and are well positioned to continue to do so. We are proud of our representation of ourcorporate clients in these class action defense matters.

The following are cases from prior representation of class action clients. Please note that each case is unique and has specific legal and factual circumstances which affect the result. These cases are provided for informational purposes only and are in no way a guarantee of a particular result in a future case.

Successfully represented auto insurer in a federal court medical payments class action andnegotiated a statewide non-monetary class-wide settlement.

Successfully defended fire insurer in a case challenging the right to deduct depreciation inpartial losses. The case was consolidated with 8 other class actions against other carriersand Mr. Moughan was lead counsel in presenting argument before the trial court and the appellate court.

Defended auto insurer against class action claim for unpaid interest on late paid medicalbills. Mr. Moughan presented argument for all parties at the trial court, Superior Court and Supreme Court level.

Successfully defended auto insurer against a class action seeking payment of loss of wages or salary per diem for insureds asked to attend arbitration or trials. We argued that the class representative lacked standing to pursue the claims since his individual claims were time-barred. The Court granted our preliminary objections to all claims except for a section 8371 bad faith claim holding that a six year statute of limitations applied to that claim. We were successful in petitioning for allowance of appeal of that ruling, arguing that the proper statute of limitations for a section8 371 claim is two years and not six years, which subsequently became the law of Pennsylvania. While our appeal was pending, the individual plaintiff withdrew the case with leave of court in as much as the only claim remaining was the bad faith claim.

Represented fire insurer in a homeowner’s claim challenging the withholding of overhead and profit in all actual cash value payments. We were successful at the trial court level in arguing that overhead and profit are not a part of an actual cash value payment until incurred. That decision was reversed at the Superior Court level, but we were able to achieve a result in which the Court held that the payment of overhead and profit should be a case-by-case determination depending upon the facts of the loss at issue and that a reasonableness standard should apply as to when overhead and profit ought to be paid as part of actual cash value. This opinion has subsequently been very helpful in defending against both class certification issues in these types of cases as well as the substantive claim.

Represented fire insurer against claim alleging that overhead and profit should be paid whenever more than one building trade is necessary to repair a loss. We obtained summary judgment at the trial level, which was affirmed on appeal.

Represented auto insurer in medical payments class action alleging misapplication of Pennsylvania’s fee schedule to out-of-state medical providers not licensed in Pennsylvania. The case was voluntarily dismissed with prejudice by plaintiffs following the successful presentation of the insurer’s corporate designee and the conclusion of discovery.

Represented auto insurer in class action alleging improper pricing of DME not listed on any other applicable fee schedule. The case was successfully defended through argument to the Pennsylvania Supreme Court, on certification of the key question from the Third Circuit Court of Appeals and judgment in favor of the insurer was affirmed.

For more information please contact Member James Moughan at moughan@bbs-law.com or 215-665-3402.

The attorneys of this practice group, led by Member Michael Dolich, represent a number of insurance carriers and their planned community development association and property management company insured's in Pennsylvania and New Jersey in a wide range of matters. We understand the unique nature of community living and the impact of litigation on these communities and the associations which govern them.

We have handled litigation involving a variety of issues pertaining to condominium and homeowners’ associations and their insurance policies, including property damage claims, premises liability suits, directors and officers errors and omissions claims, waiver of subrogation claims, shareholders derivative actions and defamation suits. Among our representative cases are the following:

We successfully obtained summary judgment on behalf of a homeowners association in a suit filed by a unit owner who alleged there was an unfair board election. The claim was defeated by arguing that the unit owner did not have standing to sue. This is a strategy that corporations have used to obtain dismissals of shareholder derivative actions. In the context of community associations, the individual unit owner is analogous to a shareholder in a corporation. We argued, and the court agreed, that an aggrieved unit owner is not entitled to individually seek to remedy an association wide issue unless the claim could be brought as a derivative action. As the matter proceeded, it became apparent that other association members were not aggrieved by the issue about which the plaintiff complained. Thus, the matter was dismissed.

We obtained a defense verdict on behalf of a homeowners association in a CEPA whistle-blower case. A former employee of the association had alleged that she was constructively terminated after disclosing what she viewed as an improper business relationship between a board member and a vendor of the association. The plaintiff presented evidence that the board member had not obtained three bids for the work, as required by the by-laws, but rather, had awarded association business to his friend, who had not submitted a bid. The jury found that the plaintiff was not constructively
discharged and entered a verdict in favor of the board.

We successfully obtained summary judgment, which was affirmed on appeal, on behalf of a business condominium association based on a waiver of subrogation provision in the by-laws. The suit arose from a claim that the association was negligent in maintaining a common water pipe that leaked,
causing water damage to the unit below. The appellate court had to determine the rights and responsibilities of the parties. The association’s by-laws required the association to carry insurance on the building and required the unit owners to carry insurance on their personal property. All policies were required to waive subrogation rights, cutting off the rights of the insurance companies to pursue actions against the parties responsible for damage. The court concluded that these provisions demonstrated that the condominium by-laws were validly drafted with the intent of preventing unit owners and the association from suing each other over damage to their respective properties.

For more information, contact Member Michael Dolich at dolich@bbs-law.com or 856-673-3462.

Led by Member Warren F. Sperling and Member Nicholas A. Cummins, the Construction Defect Litigation Practice Group represents and advises construction company owners, general and subcontractors, developers, and insurers in an array of construction claims.  Several of our attorneys who work in this practice area are OSHA 10 certified. Our expertise in defending against claims of design, material and construction deficiencies, as well as operation and maintenance claims has proven invaluable to our clients in this high-stakes area of litigation. Our team has a focus on risk mitigation and transfer through the aggressive pursuit of claims for contractual indemnification and additional insured coverage through downstream contractors.

Our team stresses proactive management for our clients to quickly and accurately identify and control litigation costs and avoid further disruption to business. We advise our clients on the importance of prompt issue identification and employ creative and cutting edge loss prevention techniques to help anticipate, avoid, and contain claims prior to litigation. We counsel construction professionals confronted with complex contracting, regulatory and financing issues and provide comprehensive and strategic risk management and claim handling advice.  

In addition to our comprehensive counseling and advising services, we also aggressively defend major property loss, serious personal injury, defective design, loss of business, delay and disruption claims, mechanics liens and lien foreclosures and more on behalf of our clients. We help our clients navigate intricate issues of coverage, assess and interpret exclusion concerns, and identify key issues in project and contract documents to provide an aggressive defense. With decades of combined experience, our team’s skill and precision in negotiations, arbitrations and mediations produces excellent results for our clients in these difficult cases.

Our clients know that the right expertise is critical in avoiding construction defect claims, and that is exactly why they choose the Construction Defect Practice Group at Bennett, Bricklin & Saltzburg LLC for their legal defense needs.

For more information, please contact Members Warren Sperling at sperling@bbs-law.com or 215-665- 3334 or Nicholas Cummins at cummins@bbs-law.com or 215-665-3328.

Warren F. Sperling chairs the firm’s Construction Litigation and Premises Liability Department. The New Jersey group is headed by Member Michael Dolich. This practice group handles premises liability, construction and building collapse and numerous other types of cases arising most often under commercial general liability and homeowner policies. Several of our attorneys who practice in this group are OSHA 10 certified.

In premises liability cases handled by the firm, the team utilizes early, intensive discovery fashioned for the particular case, surveillance when appropriate, site photographs and inspections and procedural motions to maximize the client’s defense. All of these efforts are designed to permit the client to determine as quickly as possible whether the claim should be defended or settled and the value of the claim.

Under the umbrella of general liability claims, the firm has handled a variety of other unusual matters as well. The firm has represented several clergy accused in civil cases of sexual assaults against minors. The firm has also defended a number of celebrities as well as private individuals against claims of libel, slander, defamation and other torts.

For more information, contact Members Warren F. Sperling at sperling@bbs-law.com or 215-665-3334 or Michael Dolich at dolich@bbs-law.com or 856-673-3462.

Our employment law practice group led by Member Daniel Moraglia will work with your company to ensure compliance with the latest developments in employment law and regulations. As outside counsel, we will work with your human resource personnel to draft employment handbooks and sexual harassment policies. We can conduct sexual harassment training and liability audits to prevent problems from arising which could result in expensive and protracted litigation. Even if you already have such policies in place, we can make certain they are up to date and in compliance with state and federal regulations. We also oversee sexual harassment investigations and will provide advance consultation on employment issues to reduce or eliminate the possibility of future litigation.

The group’s trial expertise is always available should the need arise. We have tried cases in both the state and federal courts and have experience defending discrimination claims based on race, sex, age, reprisal, disability and hostile work environment, as well as claims arising out of the enforcement of non-compete and non-disclosure agreements. We provide the same level of quality representation as one would expect from the largest firms. We strive to perform our services as economically as possible while helping our clients to focus on their businesses instead of worrying about ever-changing employment laws and regulations.

For more information, contact Member Daniel Moraglia at moraglia@bbs-law or 215-665-3366.

Led by Member Michele E. Turner, the group combines our sophisticated legal prowess with medical and scientific expertise to defend our clients in complex environmental and toxic tort claims. We defend manufacturers, suppliers, distributors, contractors, land and building owners, employers and insurance carriers in a variety of related matters.

Our team’s broad range of experience includes defending claims involving hazardous materials, chemicals, environmental exposure and contamination, air contamination and sick building suits. The Environmental and Toxic Tort Practice Group often works closely with outside experts and our firm’s complementary practice groups that handle insurance coverage, products liability, construction and workers’ compensation to achieve optimal and efficient results for our clients.

Our teams work together to address and defend issues of indemnity and insurance coverage arising from underlying claims and when necessary defend actions in courts in multiple jurisdictions. Our team’s goal always is to provide the best possible defense consistent with each client’s objectives. That includes mounting an aggressive defense and taking cases to trial when the client wishes to do so, or promptly getting cases in a posture for settle mentor an ADR proceeding when the client feels that would be in its best interest. In all matters, our focus is on what the client wants to achieve, and we provide whatever counseling may be required for our clients to formulate their objectives.

Regardless of the client’s objectives, we utilize first-class information technology and efficient use of personnel to meet our clients’ needs in a cost efficient manner. Our proficiency with our information technology system, which we believe is second to none when it comes to data security and privacy protection, allows us to effectively store, analyze and utilize large amounts of data.

Under the leadership of Members Victoria Komarnicki and Michael Dolich, this practice group defends against allegations of negligent and/or intentional acts brought against nursing homes, long term care facilities, assisted living facilities, mental health and behavioral facilities, medical centers, ambulance companies, pharmacies, group homes and schools. Our proactive approach to defending our clients is both effective and practical.

Our team routinely consults with our clients to address the needs and challenges unique to employees, owners, and administrators in the health and human services field. We advise our clients on policy and procedure development, as well as develop and train our clients on best care practices, clinical standards, fall prevention and other premises liability avoidance programs to maintain and deter the often costly litigation that arises in these facilities. These preventative crisis management measures prove invaluable to both avoiding litigation and aggressively defending lawsuits once they arise. We maintain close relationships with clinical teams to establish trust and open lines of communication to foster meaningful facility and procedural improvements and safeguards.

In addition to our important proactive work, we also aggressively defend lawsuits brought against health and human services providers and facilities. We thoroughly investigate and defend claims involving abuse, neglect, exploitation, negligence, and asset mismanagement. We prepare witnesses for deposition and trial, handle arbitration, mediation and alternative dispute resolution hearings and litigate through trial.

For more information on this practice group, please contact Members Victoria Komarnicki at komarnicki@bbs-law.com or 215-665-3303 or Michael Dolich at dolich@bbs-law.com or 856-673-3462.

Our team appreciates the great risks associated with serving alcohol and the potentially devastating consequences on business owners and insurance carriers in these high-exposure cases. We handled first and third party Dram Shop cases involving claims for wrongful death and serious injuries such as quadriplegia, significant scarring, and closed head injuries. Our team advises bars, nightclubs, casinos, hotels, restaurants, social clubs, caterers, special events, and other establishments in proper training and security protocols and conducts intensive internal investigations to avoid and effectively respond to often costly and stressful dram shop actions. We employ critical litigation strategies in mediation, arbitration and trial courts to protect our client’s assets as well as reputations. We fully appreciate that public relations is an important component of any successful business and we work hard to protect all of our clients’ interests.

In addition to our advising and training services, we also aggressively defend against assault and battery, wrongful death, sexual assault, and personal injury dram shop claims. Our attorneys’ trial skills and courtroom acumen are unparalleled and prove invaluable to our clients in these often catastrophic cases.

For more information on our Hospitality and Liquor Liability Practice Group, please contact Members Beth Carter at carter@bbs-law.com or 215-665-3311 or Stephany L. Gordon at gordon@bbs-law.com or 215-665-3335 .

Led by members Katherine Cole Douglas and Nicholas Cummins, this group of members and associates is at the forefront of bad faith, extra-contractual and coverage litigation. Although active in these arenas for many years, the firm's practice grew dramatically with the 1990 passage by the Pennsylvania Legislature of a statute specifically allowing bad faith causes of action against insurers.

Since that time the team has helped shape the developing law pertaining to the scope of the bad faith statute; comparative and reverse bad faith; standing; bifurcation and severance; statutes of limitations; and scope of discovery and trial evidence. In addition, the team has developed and presented numerous seminars to professional organizations and clients discussing legal developments in this area, and outlining procedures that can be utilized to minimize the risk of exposure to a bad faith claim.

In addition to focusing on issues involving allegations of bad faith, members of the team concentrate on preparing insurance coverage opinions for clients and, when appropriate, litigatingthose issues in declaratory judgment and related proceedings. Such opinions usually arise from disputed portions of commercial general liability, homeowner and automobile policies. An example is the firm's involvement in a series of matters litigating the availability of coverage in sexual molestation and similar abuse cases.

For more information, please contact Members Katherine Cole Douglas at douglas@bbs-law.com or 215-665-3364 or Nicholas Cummins at cummins@bbs-law.com or (215) 665-3328.

Our Medicare Set-Aside (MSA) Practice Group led by Members Beth Carter and David Porter, provides strategies to clients for managing discovery and settlement under the Medicare Secondary Payer Act and amendments to the act. We also provide guidance to clients on the following: Medicare legal reviews and medical cost projections; submissions to Medicare’s lead contractors; verification of conditional payments made by Medicare; requests for reconsideration of Medicare decisions relating to conditional payments; Social Security verification; facilitating the settlement process; and developing settlement language and workers’ compensation analysis and allocation preparation. We provide education for our clients and attorneys on MSA issues and requirements.

From the inception of a case, we are able to verify whether Medicare’s interests are implicated. Throughout the course of litigation, our attorneys monitor Medicare’s threshold requirements in relation to the facts of a case so that strategies can be developed to terminate or minimize Medicare’s interests if possible, or to ensure consideration of Medicare’s interests, when necessary.

We have been successful in reducing conditional payment liabilities by offering proof of a missing nexus between the payments and the litigation at issue. When Medicare’s interests are implicated in a case, we are able to verify whether Medicare has made any conditional payments for medical services that must be reimbursed to Medicare in order to avoid additional liabilities. Our MSA Practice Group is dedicated to educating our clients on Medicare requirements and compliance issues in the ever-changing MSA arena.

For more information, contact Members Beth Carter at carter@bbs-law.com or 215-665-3311 or David Porter at porter@bbs-law.com or 215-665-3393.

Bennett, Bricklin & Saltzburg LLC represents municipalities, government employees, school districts, police departments and other local government agencies against a wide variety of liability claims. Headed by Michele Turner, Nick Cummins, and Ed Bradley our municipal law attorneys have an in depth understanding of the Tort Claims Act, civil rights actions arising under "Section 1983" and the unique needs of government defendants. We routinely defend government agencies against premises liability, automobile accident, property damage and related tort claims arising under state law, focusing on the stringent requirements of the Tort Claims Act, and successfully trying these cases to verdict. We frequently represent police officers and municipalities in police liability claims, including claims for false arrest, malicious prosecution, excessive force, denial of access to the courts, and Monell liability, as well as non-police employees in attempts to assert constitutional claims based upon their work on behalf of the municipality.

Claims against municipalities and their employees present special challenges and implicate unique areas of the law.  Bennett, Bricklin & Saltzburg has the experience and knowledge to brings those claims to a successful conclusion.

For more information, please contact Michele Turner at mturner@bbs-law.com or 215-665-3344 or Nick Cummins at cummins@bbs-law.com or 215-665-3328 Ed Bradley at bradleye@bbs-law.com or 215-665-3343.

This group handles a wide variety of products liability litigation in the state and federal courts of Pennsylvania and New Jersey. Bennett, Bricklin & Saltzburg LLC has defended manufacturers and sellers of virtually every type of product, including food products (an area of particular expertise in the firm), household and industrial machinery, trucks, garage doors, prescription and nonprescription drugs, cosmetics and beauty aids, medical and surgical devices, pre-engineered buildings, building materials, pumps and valves, all-terrain vehicles, sports equipment, chain saws, electrical devices, spreaders, cranes, baby clothing, toys, furniture, and flammable fabrics. In addition, the firm has been involved in virtually every significant segment of toxic tort litigation in the region in the past thirty years, including asbestos, DES, lead paint, benzene, pesticides, breast implants, nursing bottle syndrome, and latex gloves. The firm is well-known for its ability to handle complex lawsuits in a cost-effective manner, with positive and practical results.

We believe that it is crucial that we develop and maintain an understanding of our clients’ needs and concerns throughout the litigation process. The group recognizes that what we do, from the time of the initial response to a lawsuit through the discovery process and trial or settlement, reflects on the client and may impact the client’s interests in other litigation. One of the trial techniques used by the group is to personalize the product manufacturer to the jury. This technique, among others, has been very successful. Moreover, although the group - with the client's permission - will employ any resources necessary to win a case and will present a defense as thorough as those provided by larger firms, it does so at a considerably lower cost than larger firms handling similar matters. The group repeatedly demonstrates that the cost of defense, unlike the merits of the claim, need not be a predominant factor in deciding whether to settle.

This practice group understands the practical considerations that affect product design and manufacture and the untenable position in which manufacturers often find themselves as they try to comply with legal requirements while also meeting customers’ needs and specifications. These issues were addressed by now retired Paul Lantieri in articles published in DRI’s For the Defense, “Customer Specifications in Design Defect Claims,” and in P.D.I.’s Counterpoint, “Contract Terms Determine Duty to Address Safety Concerns,” both of which can be found in the publication section of this website.

For more information, please contact Member Michele E. Turner at mturner@bbs-law.com or 215-665-3344.

Under the leadership of Members Yolanda Konopacka DeSipio and Robert Grolnick, the Property Litigation group provides specialized representation in a wide range of claims arising out of homeowner and commercial property policies. These claims often risk millions of dollars in exposure to a carrier and can jeopardize a client’s critical branding interests. With so much at stake, our highly experienced team delivers exceptional results that defend and protect all of our clients’ concerns.

Our property litigation group has successfully arbitrated, negotiated, and tried to verdict countless residential and commercial property matters. We provide litigation defense strategies in first party property and attendant bad faith claims while collaborating as necessary with our Special Investigations team to draw on a wealth of knowledge and experience in insurance coverage and investigation. We are always mindful that property litigation defense involves uniquely personal and direct contact with insurers and insureds. Our team works hard to maintain meaningful relationships as we fight to protect our clients’ interests.

In addition to providing a robust defense in the courtroom, our team stresses that the best defense is a strong offense. Our group provides pre-suit training and guidance to carriers, their adjusters, in-house counsel and frequently presents to the Pennsylvania Bar Institute (PBI) and Defense Research Institute (DRI) on legal issues arising in property litigation. Our team also assists with developing claim handling guidelines and protocols for carriers, drafting and evaluating coverage forms and working closely with carriers to draft and refine policy language.

In addition, based upon our expertise in the analysis of complex residential and commercial property policy language and issues, we are frequently called upon to provide our clients with investigation assistance in the form of examinations under oath, as well as detailed coverage evaluations and opinions. With regard to litigated matters, we are mindful that preparation and knowledge in this specialized practice area is critical. To provide our clients with the most comprehensive defense possible, we regularly conduct detailed meetings with relevant claims personnel and attend inspections of the insured locations during discovery. Each team member is well-versed in the relevant Insurance Department and statutory requirements, as well as in the technical knowledge and understanding needed to assess detailed construction estimates and the principles of construction to be advocated.

Moreover, our vast experience has made us highly equipped to manage and advise our clients with regard to complex discovery issues including retrieval and production of electronic discovery and corporate documents involving confidential and trademark concerns. We have prepared and defended numerous clients for corporate designee depositions. We also have a considerable network of experts in various construction trades, engineering and forensic investigative fields to assist in our defense of claims for coverage, physical damages, contents, loss of use, business income and extra expense. Our depth and breadth of experience in these matters translates into invaluable guidance for our clients that lasts well beyond the life of the suit.

For more information on the services of our Property Litigation Group, please contact Members Yolanda Konopacka DeSipio at desipio@bbs-law.com or 267-654-1116 or Robert Grolnick at grolnick@bbs-law.com or 267.654.1146.

The attorneys at Bennett, Bricklin & Saltzburg LLC treat retail liability and food law as a distinct and separate area of law requiring focused expertise. Our food law team, headed by Members Victoria Komarnicki and Beth Carter know that it is crucial to develop and maintain a understanding of our client’s needs and concerns throughout the litigation process. This group recognizes that what we do, from the time of the initial response to a claim through the discovery process and trial or settlement, reflects on the client and may impact that client’s reputation an interests in other litigation. As such, this team knows the importance of forging a close persona relationship with the client and becoming knowledgeable in every aspect of the client’s policies and procedures, including the food preparation, maintenance and service of food and beverages.This relationship and knowledge
are vital tools in defending these cases.

The team represent food manufacturers, distributors, and other members of the quick service and casual dining industry in the defense of matters involving alleged infestation and contamination by foreign objects, foodborne illness, including an e-coli breakout. Beth and Vicky have litigated many slip and fall and foodborne illness cases. They have become knowledgeable in the medicine involved and have a network of qualified experts to assist in the defense of these cases. Although the retail restaurant defense team aggressively defends these cases and will present a defense as thorough and well-prepared as those provided by a larger firm, it does so at a considerably lower cost than larger firms handling similar matters.

The group repeatedly demonstrates that the cost of defense - unlike the merits of the case - need not be the predominant factor in the decision whether to settle. Personalized attention to specific client’s needs and a working knowledge of the client’s business are the keys to giving this team an edge over their adversaries and competitors. Our team defends cases for clients throughout Pennsylvania and New Jersey as well as the New York metro area.

For more information, contact Members Victoria Komarnicki at komarnicki@bbs-law.com or
215-665-3303, Beth Carter at carter@bbs-law.com or 215-665-3311.

The sexual misconduct liability (SML) team led by Members Victoria Komarnicki and Michael Dolich, handles the investigation and defense of claims for clients including high profile commercial organizations, sports teams, homeowners, hotels, educational institutions, charitable and social services organizations and more. These claims often involve third party criminal acts, children and the elderly and other complicated areas that use precision and skill to navigate successfully. Our attorneys have considerable experience in the analysis, implementation and evaluation of written sexual assault and molestation policies and procedures, as well as the investigation and preparation of corporate representatives, current and former employees and other witnesses for deposition and trial. We approach each case with sensitivity to the nuanced and correlated legal issues that arise in ever-changing employment environments.

Our attorneys draw on their well-developed relationships with investigators, security experts, psychologists and physicians in the investigative, security, medical, psychology and psychiatry fields to aid in defending these delicate and often high exposure claims. We vigorously protect our clients’ confidentiality given the sensitive nature of these cases while simultaneously balancing an aggressive defense, with the often sensitive nature of these cases. Our team has tried several suits to verdict and has also obtained successful resolutions via summary judgment and other motions, all while managing our clients’ important privacy, public relations and policy concerns. Our team is also well-versed in alternative resolutions to these claims including mediation and arbitration.

We understand the wide-ranging and long-lasting impact that SML claims have on our client's businesses, including the possibility of related suits involving defamation, discrimination, hostile work environment, sexual harassment and other claims. We protect our clients’ businesses and reputations while also providing peace of mind.

For more information, contact Members Victoria Komarnicki at komarnicki@bbs-law.com or 215-665-3303 or Michael Dolich at dolich@bbs-law.com or 856- 673-3462.

Established by Member Edward J. Bradley, Jr., a former assistant district attorney and cochaired by fellow Member Charles J. Lanzalotti, this group represents a number of large insurers in their ongoing fight against fraudulent and suspicious claims. Litigating cases carefully selected by our clients and this team, the group employs a confrontational yet professional style. It leaves no stone unturned in its efforts not only to defeat illegitimate claims, but to expose and hold accountable the claimants as well as the doctors and lawyers with whom these litigants are frequently involved.

The team utilizes a variety of resources, including Mr. Bradley’s experience as a former assistant district attorney and contacts in local police departments, District Attorney's offices and NICB as litigation tools.

Frequently, the firm is requested by its clients to obtain statements under oath from claimants. Through intensive questioning and use of in-depth background investigation, this strategy has resulted several times in the voluntary withdrawal of pending claims and litigation. Additionally, this team has compiled an impressive record of trial victories.

For more information, contact Members Edward J. Bradley, Jr. at bradleye@bbs-law.com or 215-665-3343 or Charles J. Lanzalotti at lanzalotti@bbs-law.com or 856-673-3471.

Led by Members Beth Carter and Victoria Komarnicki, this group concentrates its practice in the representation of truck manufacturers against claims of product defect, and common carriers and freight forwarders against claims of negligent operation of the vehicle or failure to comply with statutory requirements. We have represented truck manufacturers, trucking companies, waste disposal companies, multi-modal and maritime transporters, brokers, shippers, freight forwarders and expediters for more than 25 years.

We often represent vehicle manufacturers in defending alleged design defects for Class 8 tractors and smaller trucks. These claims defended include cab structures, driver ingress and egress systems, brakes, suspension, visibility and engine performance. For clients in the trucking industry, we defend claims for property damage, cargo damage/loss and personal injury, and provide general advice with regard to emergency response coordination, accident response, investigation and planning. We are prepared to respond to events and accidents on a 24/7 basis, utilizing a team of accident investigators, accident reconstructionists, first responders environmental response and remediation companies.

We also provide advice to and litigate on behalf of freight forwarders and expediters, defend and prosecute claims for cargo loss delay and damage under the Carmack Amendment, the Carriage of Goods by Sea Act (COGSA) and for driver and operator violations of the Federal Motor Carrier Safety Regulations (FMCSR). In addition, other group members have provided advice to transporters regarding overseas operations in the Middle East and overseas operations and international regulations and agreements governing international shipments.

For more information, contact Members Beth Carter at carter@bbs-law.com or 215-665-3311 or
Victoria Komarnicki at komarnicki@bbs-law.com or 215-665-3303.

Member David A. Porter heads the firm’s Workers’ Compensation practice group, with the assistance of Member Richard K. Tavani who manages this practice group’s New Jersey division from our Marlton office. Our Workers’ Compensation team is devoted exclusively to the representation of employers, insurance carriers and third-party administrators. We are well versed in the complexities of workers’ compensation litigation, and well established and respected within the courts that we practice.

Our attorneys are involved in all aspects of workers’ compensation, from the infancy of a claim through practice in the appellate courts. We are vigorous litigators who also recognize that litigation is not always the primary focus of an employer's successful workers’ compensation program. We provide a wide range of risk management services and can help reduce costs by becoming involved during the pre-litigation phase. Through effective management of workers’ compensation claims and innovative strategies, significant monetary savings can be achieved.

Our focus is to not only aggressively defend against claims when they arise, but to educate and work with our clients to implement appropriate policies and procedures designed to minimize the occurrence of claims. We remain committed to developing new strategies to address changes in the law that will best serve our clients.

For more information, contact Members David A. Porter at porter@bbs-law.com or 215-665-3393 or Richard K. Tavani at tavani@bbs-law.com or 856-673-3476.