MARKS O’NEILL’S NEW JERSEY OFFICE OBTAINS SUMMARY JUDGMENT FOR NURSING HOME FACILITY

December 3, 2023

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Fabio A. Sciarrino and Bernadette Irace of MOODK’s New Jersey office obtained summary judgment dismissing all claims with prejudice against their client, a nursing home facility.  Plaintiff was working as a nurse at the client’s facility when she slipped on a wet floor causing injury.  As a result of the injury, Plaintiff received Workers’ Compensation Benefits. In New Jersey, it is well settled that the Workers’ Compensation Act bars employees from recovering in a civil suit against their employers for injuries sustained on the job. In this case, Plaintiff argued that since she was hired by and received her paychecks from a staffing agency and not the client’s facility, the agency was her employer, and she was not barred from recovering from the facility in a separate lawsuit.  The case centered on the issue of whether Plaintiff was a special employee of the facility and thus limited to the exclusive remedy of workers’ compensation benefits.  The staffing agency provided administrative human resources services to the client’s facility such as hiring and issuing the Plaintiff weekly paychecks, while the client’s facility controlled every other aspect of Plaintiff’s employment.   Notwithstanding Plaintiff’s attempts to categorize the staffing agency as Plaintiff’s employer, MOODK attorneys successfully established that Plaintiff was a special employee of the client’s facility, and because Plaintiff received worker’s compensation for her injuries, her claims against the client’s facility were barred by the Workers’ Compensation Act.

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SNOWY SHOWDOWN: MOODK NEW JERSEY OFFICE OBTAINS SUMMARY JUDGMENT UNDER NEW JERSEY’S ONGOING STORM RULE

August 30, 2023

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Philip J. Degnan and Kandace R. Brackins of MOODK’s New Jersey office obtained summary judgment dismissing all claims with prejudice against their client, a snow removal company.  Plaintiff alleged that the snow removal company negligently failed to treat ice during a snowstorm causing her to slip and fall. Despite a gallant effort to establish liability through multiple rounds of depositions, Plaintiff did not prevail.  As a result of strong motion practice and oral arguments, MOODK attorneys successfully argued, pursuant to New Jersey’s Ongoing Storm Rule, that no duty existed to remove snow or treat ice during an ongoing snowstorm.

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

March 27, 2023

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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 Jersey, Delaware, 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.

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Diversity & Inclusion

May 19, 2021

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Diversity & Inclusion

Mission Statement:

At Marks, O’Neill, O’Brien, Doherty & Kelly, P.C. we value and respect the strengths and differences among our employees, our clients, and the communities where we work. We are dedicated to fostering an environment that promotes equity and cultivates a culture of inclusion where everyone has an opportunity to excel. Our commitment is consistent with our recognition that it is the exceptional people within the firm who have always been a source of our strength. In furtherance of our continued intent to embrace diversity and inclusion, Marks O’Neill is committed to recruiting, retaining, and promoting diverse attorneys and staff. We believe a diverse and inclusive workplace fosters diverse perspectives, skills, ideas, and experiences which help us continue to provide the highest level of service to our clients and foster personal satisfaction among our attorneys and staff.

 

The Mansfield Rule:

Marks O’Neill has joined Midsize Mansfield Rule 4.0 to expand the firm’s commitment to equity and inclusion. The Mansfield Rule, administered by Diversity Lab, addresses the dearth of female and diverse attorneys in positions of law firm leadership by setting benchmarks to measure whether firms have affirmatively considered at least 30 percent female lawyers, lawyers of color, LGBTQ+ lawyers, and lawyers with disabilities for leadership and governance roles, equity partner promotions, formal client pitch opportunities, and senior lateral positions. Marks O’Neill is one of 70 midsize law firms participating in the program.
 
At Marks, O’Neill, O’Brien, Doherty & Kelly, P.C. we value and respect the strengths and differences among our employees, our clients, and the communities where we work. We are dedicated to fostering an environment that promotes equity and cultivates a culture of inclusion where everyone has an opportunity to excel.
 
Marks, O’Neill is honored to join the 2021-2023 midsize cohort and we are excited for the opportunity to collaborate with other member firms under the expert guidance of the Diversity Lab to not only reach new goals in our own firm but to also be a leader for others.
 
Diversity Lab works with participating firms to measure their outcomes annually to ensure that the goal of diversifying firm leadership is approached with inclusion and diversity at the forefront of our process.

 

 

Initiatives:

As a part of our effort to advance Marks O’Neill’s commitment to diversity, equity and inclusion throughout the firm, we have undertaken the following initiatives:

  • Supporting our diversity initiatives through a Diversity & Inclusion Committee comprised of attorneys and staff from across our offices.
  • Providing diversity and inclusion trainings to all attorneys and staff.
  • Participating in opportunities outside the firm to explore diversity and inclusion initiatives and to engage in our communities to support those efforts.
  • Directing recruitment, retention and development of diverse talent at all levels in the organization.
  • Improving the level of diversity within the firm’s leadership positions, committees and professional development efforts.
  • Marks O’Neill is dedicated to promoting the professional and personal development of our female professionals and business partners.  We recognize that women face unique challenges in our industry and offer internal and external networking programs which provide a forum for meaningful discussions about the future of our firm and the community. 

Most recently, the entire firm participated in a three hour seminar entitled Diversity, Equity and Inclusion Foundational Learning Experience, facilitated by Marion Biglan of Illuminate Coaching and her co-presenter Natalie Basham.

 

Community Engagement:

Since Cristo Rey High in Philadelphia began, the Philadelphia Office has been a job partner. Cristo Rey High School is a college preparatory, Catholic school for students of all faiths, which nurtures and challenges young people to recognize and realize their full potential as they learn to love others, grow in their faiths, and serve the common good. The school’s mission is devoted to working with students from economically disadvantaged families preparing them for college and beyond. As a job partner, Marks O’Neill employs four students through-out the school year who work in the firm as part of their high school curriculum.  Marks, O’Neill is looking to expand our involvement with Cristo Rey and plans to welcome students from Cristo Rey High School in Baltimore to our Towson office.

In honor of Martin Luther King Day, the Philadelphia, New Jersey and Delaware offices collected supplies and donations for the Bethesda Project, which is a nonprofit organizations that offer supportive services to individuals experiencing homelessness in the areas surrounding the firm’s offices. The Pittsburgh office also collected supplies for a local agency serving the needs of the homeless.

In honor of Women’s History Month, the New York offices collected donations for Bottomless Closet, a non-profit organization that empowers New York City women in need to enter the work force, by offering clothing, accessories, resume assistance and interview preparation.

Over the winter holidays, the firm participates in various events, including sponsoring a family in the annual St. Malachy’s Christmas Drive, collecting gifts and gift cards for families in need and making donations to local charities such as Philabundance.

As part of the firm’s endeavors, we have also collaborated with Pennies for Peace, World Bicycle Relief for Girls, Water for South Sudan, The Trevor Project, Dancing While Cancering, Susan G. Koman and various community youth athletic organizations.

Marks O’Neill participated in the Delaware and Philadelphia Diversity Job Fair.

 

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DESPITE SECOND BITE AT THE APPLE, LEGAL MALPRACTICE CLAIMS REMAIN DISMISSED NOW WITH PREJUDICE

March 20, 2020

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Sean Kelly of Marks O’Neill’s New Jersey office was successful in obtaining dismissal of legal malpractice claims arising from our client’s representation of the plaintiff in complex commercial litigation.  Following that ruling, Plaintiff filed an amended complaint seeking to cure the causation deficiencies recognized by the District Court between our client’s representation and the alleged damages.  The Amended Complaint sought damages in excess of $50 million dollars.  We sought dismissal of the Amended Complaint arguing that Plaintiff’s claim that a court would have ruled differently but for the alleged negligence of our client failed to establish a proximate causal relationship.  The District Court agreed and dismissed the Amended Complaint with prejudice.

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