Representative Cases

Since trials resumed post covid, our firm has tried 9 cases in Pennsylvania with 8 defense verdicts (1 was a directed verdict) and 1 very favorable verdict

Government Services / Municipal Law

Philadelphia:

Summary Judgment

In the matter Faggiolo v. County of Delaware, U,S.D.E.Pa. NO. 23-1904, Michael Schleigh successfully obtained the dismissal of a civil rights case brought by a taxpayer against a Municipal Tax Collector and Various County Officials for lack of subject matter jurisdiction by the application of the Federal Anti-Tax Injunction Act (“the Act”), 28 U.S.C. § 1341.

Michael F. Schleigh – Recent Successes

Mike obtained judgment on the pleadings on the Defendant’s counterclaim in the matter County of Delaware v. O’Leary Funeral Home, Del. Cnty. PA No. CV-2022-001702. In this matter, County of Delaware was seeking payment of various cremation permit fees owed by the funeral home over an extended period of time. The funeral home counterclaimed for breach of contract claiming that it had an oral contract with the County where it would not have to pay cremation permit fees if it performed pauper’s cremations. The Court agreed that this oral contract supposedly reached with the Medical Examiner’s solicitor, was never approved by the County Council or any designated county personnel, and as such would be ultra vires (or without proper authority) and was accordingly dismissed as non-binding and unenforceable. The Plaintiff’s claims are not yet resolved. In the same case, Mike later obtained summary judgment on his client’s affirmative claims and obtain a judgment in excess of $70,000.00. The Court specifically found that statutes of limitations do not apply to claims made by governmental agencies in Pennsylvania, and was able to obtain judgment on claims that were nearly a decade old.

Construction Law

In July of 2016, Kenneth J. Hardin II, Esq., obtained a directed verdict for his client in a personal injury action sounding in negligence, strict liability, and loss of consortium following a five-day jury trial

Auto Liability

In early 2013, 46-year old female Plaintiff was rearended while stopped at an intersection, in York, Pennsylvania. She had been waiting at a stop sign when her minivan was struck from behind by a car.

 

Jacob Deane and Ken Hardin won a defense verdict in a 9-day civil trial in Philadelphia Court of Common Pleas wherein the jury deliberated for two days and came back with a no cause verdict.

First-Party Property

In October 2023, Susan L. Loughran, Esq. obtained summary judgment in favor of a church in the Court of Common Pleas of Elk County, Pennsylvania, in a case alleging downstream property damage from alleged excess stormwater runoff.

 

In December of 2021, the Circuit Court of the Twentieth Judicial Circuit of Florida entered an order granting summary judgment on behalf of the firm’s insurance carrier client in a Hurricane Irma loss.

Premises Liability

Case Result: Martinez-Foglia v Woodridge Industrial Property, LLC

Outcome: Summary judgment obtained in favor of client.

Details: Michael F. Schleigh successfully obtained summary judgment in favor of his client, affirming that a patrolling security company bore no duty to prevent a slip and fall incident on ice at an industrial complex.

Case Result: Defense Verdict in Arbitration

Outcome: Secured a defense verdict in favor of our clients, a location restaurant and contracted security guards stationed at the location.

Details: The arbitration, held in Ocean County, New Jersey, concluded with a favorable outcome for our clients, affirming their position in the case.

Arbitration Location: Ocean County, NJ

Date: June 2024

 Ian Watt represented a Pennsylvania homeowner in a premises liability matter involving a house guest that was allegedly knocked down by the homeowner’s dogs. The Plaintiff and their spouse had been out to dinner with our client and their spouse before the group returned to our client’s home to continue to hang out, as they were good friends. Plaintiff alleged that our client created and failed to warn of a dangerous condition by releasing his dogs from their crates after he returned home from dinner.

 Tampa:

Defense Verdict

Matthew Miller and Therese Adipietro represented a local restaurant in a premises liability matter involving a trip and (almost) fall. Plaintiff alleged that our client created and failed to warn of a dangerous condition by seating the Plaintiff too close to an open set of French doors which were located behind the area where the Plaintiff was seated.

In October 2023, Kenneth J. Hardin II, Esq and Jacob A. Deane Esq , represented our clients a local pizza shop and the landlords of the building, where the shop operated. They secured a directed verdict in their favor in the Philadelphia Court of Common Pleas.