MOODK ATTORNEYS SECURE DISMISSAL IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF DELAWARE

|

PHONE
EMAIL

Dawn C. Doherty and Brett T. Norton of MOODK’s Delaware office obtained dismissal of all charges against a medical provider and their staff. Plaintiff initiated an action in the U.S. District Court for the District of Delaware alleging medical negligence on behalf of their deceased parent who passed away due to complications from COVID-19. Plaintiff asserted that Defendants, who were all medical providers within the state of Delaware, caused decedent’s death because a member of their nursing staff allegedly contracted the virus and did not wear a mask while treating decedent, thereby causing decedent to contract COVID-19, ultimately causing her death.

A District Court will have jurisdiction if the action involves two citizens of different states and the controversy exceeds $75,000.00. Here, Plaintiff asserted complete diversity as she was a resident of Georgia and all Defendants were citizens of Delaware. However, because survivorship claims require the Plaintiff to assume the citizenship of the decedent, the Court did not have jurisdiction over the matter because decedent was also a citizen of Delaware.

MARKS, O’NEILL, O’BRIEN, DOHERTY & KELLY WELCOMES NEW LITIGATION ATTORNEYS TO NY AND NJ OFFICES

|

PHONE
EMAIL

 

 


Marks, O’Neill, O’Brien, Doherty & Kelly is proud to welcome it’s new litigation attorneys to our NY and NJ offices. This group of professionals includes well-respected and accomplished attorneys across all of our practice groups, each possessing unique skills and experiences, and ready to move our firm to its next chapter.  

“Our firm’s growth is solidified by deep and long-standing loyalties of clients whose moral compass sets a powerful industry standard. Our resilience and resurgence is fueled and cultivated from true character, by capable and ethically-driven practitioners,” shares Marks O’Neill shareholder, Joseph O’Neill.

New York City, NY:

Emily Marczak 

 

Tarrytown, NY:

Chris Caiazzo

Susan Finkenberg

William Murphy IV

Aisha Scholes

 

New Jersey:

Kandace Brackins 

Jeff Daman 

Bernadette Irace

Paul Kelly

Mark Leavy

 

“It’s a privilege to work with such talented and conscientious professionals. What sets us apart is our ability and willingness to do what is hard, and do it better than others,” says Dawn Doherty, Marks O’Neill shareholder.

Marks, O’Neill, O’Brien, Doherty & Kelly has been at the forefront of defense litigation for over thirty years representing the interests of corporations, carriers and individual clients.  With offices in Pennsylvania (Philadelphia and Pittsburgh), New JerseyDelaware, New York (Manhattan and Westchester County) and Maryland, Marks, O’Neill, O’Brien, Doherty & Kelly offers our clients a regional approach to their litigation needs.

SWIFT AND ZEALOUS DEFENSE BY MOODK ATTORNEYS LEADS TO EARLY DISMISSAL OF ALL CLAIMS AGAINST CLIENTS IN MULTI-MILLION DOLLAR CASE

|

PHONE
EMAIL

MOODK Philadelphia attorneys, Kevin J. O’Brien and Casey G. McCurdy, obtained early dismissals for their clients involving a tragic accident on Broad Street which resulted in the amputation of both of Plaintiff’s legs. Plaintiff was unloading furniture on Broad Street outside of a condominium complex when he was struck full-speed by another vehicle. Plaintiff sued the condominium association and property management company asserting negligence and arguing that both defendants failed to provide a usable area to load/unload furniture that was not on Broad Street, and failed to implement safety measures on Broad Street to protect residents unloading/loading vehicles. Plaintiff sought millions of dollars in damages. Attorneys O’Brien and McCurdy filed preliminary objections arguing that neither the association nor the property management company owed a duty to Plaintiff, even if their employees directed Plaintiff to park on Broad Street (as was alleged in the Complaint). The attorneys argued that the accident occurred entirely on Broad Street, which is considered a State highway that is maintained by the Commonwealth. They further argued that under Pennsylvania law, an adjacent landowner to a public highway is not liable for physical harm caused to travelers upon the highway or persons lawfully using the highway. The attorneys argued that there was nothing on their clients’ property which contributed to and/or caused the injuries and damages to Plaintiff. They further argued that prior knowledge of others parking in an active lane of traffic on Broad Street in the past was irrelevant, since the area is not controlled or maintained by their clients. The Court agreed with the attorneys’ reasoning and issued an Order dismissing all claims against their clients, with prejudice.

MOODK PHILADELPHIA ATTORNEYS OBTAIN VOLUNTARY DISMISSAL OF ALL DISCRIMINATION CLAIMS

|

PHONE
EMAIL

Patricia A. Fecile-Moreland and Michael J. Joyce of MOODK’s Philadelphia office obtain early voluntary dismissal of discrimination claims under the Americans with Disabilities Act following the honorable discharge of a police officer due to PTSD, which was determined at arbitration to be non-service related. Plaintiff sought damages for the denial of the service-related pension, because he claimed the PTSD was a service injury and that the denial was discriminatory. The EEOC made a probable cause determination in plaintiff’s favor, but MOODK’s client did not want to conciliate the case. The plaintiff filed suit in the Eastern District of Pennsylvania. Through early and aggressive brief writing in support of a motion to dismiss, the attorneys argued that the case must be dismissed for plaintiff’s failure to timely exhaust his administrative remedies with the EEOC and for improperly pleading a claim for an ERISA violation. Upon the filing of the briefs, the plaintiff’s attorney agreed to dismiss the claims with prejudice prior to the filing on an Answer to the Complaint, the exchange of formal discovery between the parties, and the incurrence of significant defense costs on behalf of the client.