CONSTRUCTION
 

• coating claim, roof water- retention claim, and shoring claim in connection with addition to embassy;

 

• damage claim for failure of exterior insulation and finish system on residential high rise;

 

• acceleration damages claim by general contractor against precast concrete subcontractor for failure to keep contract schedule;

 

• multi-contractor dispute arising from construction of Liberty Place, a major Philadelphia business and retail center;

 

• condominium association suit against declarant developer of historic building to condominiums $5 million of construction defects;

 

• dispute between subcontractors in construction of Marriott Hotel;

 

• mold contamination in dormitories, failure to maintain and inspect central HVAC;

 

• building structure collapse, failure of spandrel beam weighted with precast concrete flooring;

 

• upheaval of shopping center due to use of slag as backfill;

 

• foundation settlement on Department of General Services project for State Agency, excavation and backfill issues;

 

• dispute between owner of $40 million home and New York, London and Paris interior design firm;

 

• property damage to mid-town NYC high-rise commercial structure due to blasting;

 

• a high stakes, in terms of financial exposure and working relationships, pre-litigation dispute between a private school, its contractors, designers and insurance carriers due to collapse of outdoor ice hockey arena;

 

• home owner association action against architect, developer and general contractor for cracking of walls and ceiling due to erosion and subsidence of soils in condominium project;

 

• dispute between City, general contractor and subcontractors over reconstruction of historically registered 19th century urban water works;

 

• design failure of HVAC in 5000 square foot, $4million Jersey Shore home;

 

• improper curb cut and site design dispute involving owner, architect, environmental design company and general contractor;

 

• gas line explosion demolishing historic church and adjacent structures;

 

• suit by school involving structural engineer, architect, soils engineer and soils mover based on improper backfill resulting in deflection of retaining wall;

 

• failure of ninth level of multi-story parking garage attached to hospital, leading to dispute between owner, general contractor and concrete subcontractor; and

 

• dispute involving $300,000 state Department of Environmental Regulation fine for failure to obtain stream relocation permit and siting of berm without obtaining code-mandated variance. 

 

• dispute between subcontractor and general contractor over approval for use of sub-base material and bituminous concrete after subsidence of parking lot.

 

 

EMPLOYMENT AND LABOR
 

• whistle blower claim by nurse in mental health facility, terminated by her employer for accessing patient records;
   

• ERISA §510 claim by executive of Fortune 100 company for Executive Severance Plan benefits;

 

• failure to pay overtime in violation of FLSA;

 

• fact-finding in school district sexual harassment claim;

 

• Title VII racial harassment, discrimination and retaliation claim against regional railroad employer;

 

• Enforcement of non-compete against account executive in biotechnology and pharmaceutical executive search firm;

 

• termination of Physician-In-Charge of hospital medical practice;

 

• bank president’s claim for unvested stock options after separation from employment;

 

• negotiation of removal of tenured full professor from academic department at college;

 

• whistle blower complaint by IT Senior Network Engineer, alleging he was severed from employment for reporting black mold, averred by University that severance was for insubordination;

 

• retaliatory firing for serving as a witness in complaint filed under Sarbanes-Oxley;

 

• ADEA claim by former head of security of a Fortune 500 company;

 

• age discrimination and retaliatory firing charge by Ph.D. in University’s Department of Social Services;

 

• claim by tenured faculty member under the Americans With Disabilities Act for failure to accommodate Multiple Sclerosis;

 

• denial of tenure to university hospital physician in Dept. of  Psychiatry;

                            

• gender discrimination in university business school;

 

• de-listing of disciplined physician from Preferred Provider Organization roster;

 

 

• sexual harassment, constructive discharge and battery claims by assembly line specialty worker;

 

• sexual harassment claim by employee in national food franchise;

 

• gender and religious discrimination, interference with contractual relationship claims surrounding termination of tenured chairman of department nuclear medicine;

 

• claim to EEOC by union member major newspaper mail-room employee for failure to accommodate diabetes;

 

• claim by IT director for failure of hospital to accommodate IBS syndrome;

 

• hostile environment claim by two female employees of regional utility company;

 

• age discrimination claim by 61 year old parts manager terminated from auto dealership;

 

• age discrimination claim by manager fired for favoritism shown to female employee;

 

• sexual harassment claim by Human Resources Director against president and major shareholder of family owned business;

 

• claim for $500,000 severance benefits by executive terminated after executive entered plea agreement with U.S. Attorney;

 

• age discrimination claim by 55 year old skilled long-term employee for negative review;

 

• denial of benefits to manager under ERISA governed change in control plan after merger;

 

 

• long term manager’s claim for continuing employment in Fortune 1000 company after downsizing;

 

• wrongful termination claim by department manager employed under written contract;

 

• sexual harassment by chain restaurant manager;

 

• sexual harassment and retaliation claim by hotel chain employee;

 

• claim for reinstatement and back pay by banquet manager fired for rumored drug use;

 

• reverse race discrimination and scape-goating charge by machine operator;

 

 

• sex, disability and age discrimination claim by psychiatrist against medical university;

 

• discrimination claim by female partner terminated from law firm;

 

• sex and race discrimination charge by executive against national bank;

 

• ADA claim against United States Air Force by civilian employee;

 

• disputed obligation(s) of terminated manufacturer’s representative;

 

• ADA claim by blind employee of against not-for-profit corporation;

 

• age discrimination claim by terminated department head of publishing house;

 

• quid pro quo sexual harassment and hostile environment claim against obstetrician/gynecologist clinic director;

 

• wrongful discharge of executive in employment-at-will state violating implied terms of employment contract;

 

• age discrimination claim by female newscaster against news network;

 

• sexual harassment claim by college intern; and

 

• on referral from USDC, Eastern District Pennsylvania, sexual harassment and retaliatory termination claim by female assembler.

 

 

TORTS

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TORT, PRODUCTS LIABILITY, WRONGFUL DEATH & PERSONAL INJURY
 

• public figure libel case [losing side of breach of contract action libeled attorney who represented winner];

 

• alleged liability of brokerage firms due to inappropriate investments, in one case, of the $500,000 savings of a retired couple, and, in another case, a $2.5 million divorce settlement;

 

• President and Chairman of Board suit against corporation for defamation and malicious prosecution;

 

• Cessna Silver Eagle plane crash death of father and son due to defective gearshaft part;

 

• death of father and son, wife/mother surviving as amputee, in action against construction company, trucking company and Department of Transportation;

 

• electrocution of child at private resort and conference facility;

 

• death of retarded 21-year old woman in custody of residential care facility;

 

• death of driver in sudden acceleration of vehicle due to failure of manufacturer to install shift interlock device;

 

• electrocution of electrician in flash fire ignited by air conditioning compressor;

 

• wrongful death action alleging theories of product liability against manufacturer, and negligence against inspection agent in burn death of plant worker in explosion of pressure vessel;

 

• death of young mother and four year old daughter, husband/father surviving, due to carbon monoxide poisoning from furnace;

 

• death and survival actions arising from malfunction of crawl space heater resultingin destruction of house and fatal burns to father/husband;

 

• death of plumber overcome by toxic fumes from sulfuric acid;

 

• death of invalid due to burns and smoke inhalation in course of robbery and arson committed by attending health care professional from licensed agency;

 

• death of adolescent male in swimming hole drowning on private property;

 

• death of adolescent female in boating accident at private club premises;

 

• death of industrial worker in explosion of sterilization enclave;

 

• death of restaurant chef in motor vehicle accident, involving suit against state transportation agency in process of re-paving state highway;

 

• drowning of deaf, blind and profoundly retarded young woman by not-for-profit custodial institution;

 

• §1983 civil rights action against police department for out-of-policy high speed chase resulting in deaths of occupants of chased car;

 

• sexual abuse of 11-year old altar boy by Catholic parish priest;

 

• sexual solicitation and rape of 11 year old girl by school swim coach;

 

• sexual abuse of freshman plebe in military school by upper classmen;

 

• sexual abuse of freshman by private high school basketball coach;

 

• American in Tunisia who became a C4 incomplete quadriplegic in touring accident;

 

• lawn mower back-over of three year old child requiring total amputation of left foot and medial partial amputation of right;

 

• civil rights section 1983 action by paraplegic and permanently psychologically disoriented youngwoman passenger in carinvolved inhigh speed chase by municipal police department;

 

• college student rendered quadriplegic diving into swimming pool at private graduation party at motel;

 

• high school student paralyzed in performing improper racing dive into shallow end of pool at school district swim meet;

 

• ninety convention guests made ill at hotel by bacterially contaminated drinking water;

 

• multiple plaintiffs sued dairy egg producers and restaurant for salmonella poisoning;

 

• severe crush injury and partial amputation of distal phalanx [thumb] left hand;

 

• Legionnaires Disease outbreak from improper cleaning/maintenance ofhospital cooling towers;

 

• industrial site accident in application of a geosynthetic membrane alternative daily cover at solid waste landfill;

 

• permanent facial scarring of child due to melt down of plastic container, alleging product liability and failure to warn;

 

• Sizzler Restaurant personal injury claims by assignment from United States Bankruptcy Court in Sizzler Chapter 11 proceeding;

 

• destruction of warehouse due to spontaneous combustion of improperly cured /packaged red peanut skins;

 

• destruction of residence and personal injury husband/wife from gas explosion due to failure to lock gas line riser;

 

• injury to concert violinist performing at restaurant; and

 

• inoperable disc injury suffered by worker instructed to climb down manhole and ladder detached from wall.

 

 

MALPRACTICE

 

MALPRACTICE ISSUES:  LEGAL, ACCOUNTING & MEDICAL

 

ACCOUNTING MALPRACTICE

 

• actuarial malpractice in termination of Defined Benefit Employee Pension Plan;

 

• failure of securities broker to disclose risks in highly leveraged Variable Universal Life policy;

 

• valuation under Rev. Rul. 59-60 of intertwined closely held corporations         subsequent to leveraged buy-out;

 

• detrimental reliance by lender on financial statement prepared by certified public accounting firm which overvalued assets of borrower;

 

• CPA misinterpretation of application of Subchapter T of the Internal Revenue Code, and attending regulations, resulting in IRS audit of and assessment against agricultural cooperative;

 

• improper formula used to value manufacturer inventory, leading to over­valu­ation and reliance by major lender, default of manufacturer on line of credit forcing manufacturer into Chapter 11 reorganization followed by suit by manufacturer against accounting firm; and

 

• CPA failure to detect on-going embezzlement by law firm manager of firm receivables.

 

 

LEGAL MALPRACTICE
 

• failure of attorney to understand and/or advise client of terms of Joint Tortfeasor Release which reduced $2.5 million verdict to $400,000;

 

• failure of attorney to advise client that General Release barred ERISA claim for long term disability;

 

• failure to discover value of privately owned companies in marital dissolution;

 

• attorney malpractice for failure to register stock offering;

 

• attorney malpractice at criminal trial of client by failure to present expert testimony, resulting in guilty verdict and imprisonment of client;

 

• failure of attorney to perfect registration of trademark of female singing group, resulting in rival group registration of name; and

 

• attorney malpractice founded on irreconcilable conflict of interest.

 

MEDICAL MALPRACTICE

 

• whether therapeutic radiation to treat Hodgkins disease caused cerebellar paraneoplastic degeneration;

 

• craniectomy and removal of brain stem meningioma in 53 year old male corporate executive, subsequent death due to undetected cerebral hemorrhage;

 

• labial burn by early activation of cautery tool in course of  hysterectomy, causing continuing pain and loss of consortium;

 

• surgery on child’s left leg with subsequent vascular deterioration requiring above the knee amputation of left leg;

 

• multiple back surgeries resulting in permanent paralysis of patient;

 

• emotional trauma resulting from sexual involvement of psychologist with patient;

 

• failure to detect cervical cancer in PAP smear, subsequent death of thirty-two year old mother;

 

• misreading of PAP smear slides, failure to detect cervical cancer for two years and destruction of slides in violation of federal law;

 

• labial cautery burn during hysterectomy, resulting in loss of consortium;

 

• diagnosis of radiation colitis and subsequent surgeries and colostomy when proper diagnosis contended to be Crohn’s disease treatable by steroids; and

 

• misdiagnosis of vasculitis, failure to do proper diagnostic tests to locate embolizing atrial myoma causing stroke in 30 year old male.

 

INSURANCE COVERAGE DISPUTES AND BAD FAITH ISSUES
 

• declaratory judgment determining event triggering coverage obligations of carrier for additional insured;
   

• allocation of punitive damage settlement award between worker’s comp carrier and medical consulting corporation;
   

• declaratory judgment action determining whether a single deductible covers “interrelated wrongful acts” or whether each act is subject to its own deductible;
   

• urologist’s claim under five disability policies for inability to perform complex surgeries due to medical condition;

 

• reservation of rights/declination of coverage in attorney malpractice action:

 

• false representation of no UIM coverage, 3 ½ year delay, arbitration award on UIM claim of $925,000;

 

• acknowledgment of liability but failure to make any offer of settlement in UM case;

 

• bad faith action against carrier for calculated delay in offering full value of first party claim; and

 

• bad faith offer after resolution of UIM claim.

 

ICANN DISPUTES

 

• Arbitrated domain name disputes.

 

FRANCHISE & MOTOR VEHICLE MFG/DEALER DISPUTES
 

• franchisee suit for failure of franchisor to offer right of first refusal on second franchise and unfair competition;

 

• vehicle manufacturer/dealer dispute before Board of Vehicle Manufacturers alleging fraudulent advertising, sales practices, and accounting violations;

 

• permanent arbitrator of disputes arising under franchisor/franchisee national class action settlement;

 

• triggering of franchisor right of first refusal on offer of sale of shares by sole shareholder;

 

• protest of RV dealer for failure of manufacturer to accept revocation of acceptance of top-of-the-line RVs;

 

• protest of intention to terminate car and truck dealership agreement;

 

• protest of establishment of new motor vehicle dealership; and

 

• protest of buy/sell and relocation of automobile dealership;

 

• protest of siting of new dealer eroding market share of existing dealer.

 

CLASS ACTION

 

• mediator & arbitrator in national class action alleging fraudulent sales practices in the placement of life insurance.
   

BANKRUPTCY

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• mediator in 11 U.S.C. Section 547 preference avoidance actions.

UM/UIM CASES

 

• service as neutral in 3 person arbitration panels hearing uninsured and under-insured motorist claims.
   

INTERPLEADER ACTIONS

 

• Mediator interpleader action, four claimants to death insurance proceeds.

 

COURT APPOINTMENTS
 

• Philadelphia Commerce Court Arbitrator in Construction Case

• Discovery Master, Commonwealth v. TAP et alia, AWP suit against major pharma companies doing business in PA

• Referee, Reliance Insurance Company Liquidation

• Judge Pro Tem, Commerce Court Philadelphia

• Special Master, E-Discovery Panel for the US District Court for the Western District of Pennsylvania

• Mediator, US Bankruptcy Court for the District of Delaware

• Mediator, US Court of Appeals for the Federal Circuit

• Arbitrator & Mediator, USDC Eastern District of Pennsylvania