PENNSYLVANIA MARYLAND NEW JERSEY.

Transcription

1 PENNSYLVANIA MARYLAND NEW JERSEY

2 For over three decades, Thomas, Thomas & Hafer LLP has successfully protected the interests of clients and provided exceptional legal services with the highest standards of professional integrity. Thomas, Thomas & Hafer represents individuals, corporations and insurance carriers in a wide variety of matters including construction, general liability, healthcare, medical malpractice, insurance/bad faith, labor & employment, products liability, real estate, transportation, workers compensation, and many other areas. Our Success Explained What explains our ability to consistently deliver value and success for our clients? We aim for timely and effective resolution of legal disputes through settlement or trial. Experience counts and responsiveness is essential. We know that our clients legal matters are vitally important to them. Prompt communication and close attention to detail is the hallmark of our work. Benefits of Good Counsel Our practical understanding of the industries we serve helps us advise our clients in this ever-changing marketplace. The Thomas, Thomas & Hafer team offers in-depth experience and firsthand knowledge of the industries and interests we represent. We employ a strategy of promptly targeting cases which need to be tried and those that need to be settled, providing advice and guidance on litigation avoidance and aggressive representation in court when necessary. We have great familiarity with the courts and communities in which we serve and have earned their confidence and high regard. Trust, respect and proven ability are what set our firm apart.

3 Administrative Agency & Appellate Administrative hearings before state and federal agencies and bureaus Prosecute and defend appeals involving all of firm s litigated cases Construction, Surety & Design Professionals Representation of owners, developers, contractors, material manufacturers and suppliers in general construction matters Representation of design professionals in claims of professional negligence Representation of insurers and sureties in various insurance coverage matters as they relate to construction claims or issues Employment Law Consultation with employers regarding employment policies, personnel issues, compensation agreements, affirmative action, hiring and termination Litigation of various employment-related claims Labor arbitration and mediation General Liability Motor vehicle accidents Premises liability Products liability Uninsured/Underinsured motorists claims Admiralty/Maritime and recreational boating claims Governmental Entity & Civil Rights Representation of counties, townships, boroughs, school districts and other governmental authorities in all types of litigation Claims and cases involving Political Subdivision Tort Claims Act Representation of police and corrections officers Insurance coverage analysis related to public entity litigation Healthcare & Professional Licensure Medical malpractice defense for hospitals, physicians, long-term care facilities and others Professional license issues and defense General negligence cases Physician employment agreements Confidentiality and other medical records issues Joint venture agreements Medical billing issues Credentialing and staff privileges Insurance Coverage & Bad Faith Coverage analysis and position letters Declaratory Judgment actions Consultation and advice in avoiding bad faith Defense of bad faith claims against insurers Draft policy language for insurers Assist insurers in responding to market conduct reviews/ audits by State Insurance Departments Draft agency agreements and third-party vendor agreements Long Term Care Representation of nursing facilities, personal care homes, assisted living facilities and continuing care retirement communities Maintenance of regulatory compliance, licensure/certification Representation of licensed professionals before State Licensing Boards Response to day-to-day operational issues from admission through discharge Liability defense and prevention consultation Maximizing cash flow Real Estate Representation of residential, commercial and industrial clients Various real property transactions, including settlements, developing, zoning, financing and investing Subrogation Workers compensation Property losses Motor vehicle accident claims Products liability claims Premises liability matters Transportation Representation of drivers, trucking companies and their insurers in civil and/or criminal proceedings On call 24/7 for early intervention in and response to catastrophic accidents Coordinating and supervising the retention of appropriate experts Retrieving, documenting and securing important evidence Workers Compensation Trial and appellate representation of employers, insurers, agents and/or brokers in matters involving workers compensation, unemployment compensation and subrogation lien recovery Risk management and risk avoidance advice Analysis and advice concerning reserving and insurance policy interpretation

4 Governmental Entity & Civil Rights Attorneys at this firm have been engaged in the representation of public entities in litigation for the entire history of the firm. This representation increased significantly after the abrogation of governmental immunity by the Pennsylvania Supreme Court in the 1970 s. Representation of these entities has involved a broad variety of legal matters and various types of public entities such as counties, townships and boroughs, school districts, fire companies and other governmental authorities. We have handled substantial tort litigation under the Pennsylvania Political Subdivision Tort Claim Act, involving motor vehicle accidents, conditions of real estate, public sidewalks injuries, utility construction accidents, and claims related to street lighting and maintenance. In addition, cases involving constitutional and civil rights issues have become a substantial part of this practice, including police actions and practices, prison inmate litigation, land development issues, public transportation issues, student First Amendment and discipline issues and a wide variety of related matters. Finally, the firm has been engaged to represent public entities in a wide variety of employmentrelated actions including discrimination and harassment claims, hostile work environment claims, age discrimination suits and alleged whistle-blower law violations. In addition to directly handling litigation against public entities, the firm has been engaged on many occasions to provide insurance coverage analysis related to the public entity litigation. Prior to joining Thomas, Thomas & Hafer, a number of our attorneys have served as elected officials for government entities, local assistant district attorneys, police officers, as well as in the Office of the Attorney General of Pennsylvania. As a result of these experiences, our attorneys can place themselves in the shoes of the public entity or its officials when called upon to provide representation to them in those cases.

5 General Liability The foundation of our firm has been the defense of insureds, insurers and self-insured entities in connection with various General Liability matters. Our experience in this area ranges from the proverbial red car/blue car and grape on the floor cases to false arrests; assault and battery; defamation; premises and products liability; property damage and lead paint poisoning cases. The General Liability Practice Group also includes the defense of insurers in uninsured and underinsured motorists claims, which often have exposure for carriers into the millions of dollars. General Liability cases are litigated by experienced attorneys in each of our offices, covering Pennsylvania, Maryland and the District of Columbia. The General Liability Practice Group partners and senior associates are seasoned and well respected trial attorneys who have broad trial experience in both federal and state courts in all three states. Other matters are decided by arbitration or resolved through mediation, settlement or ADR. Our attorneys speak regularly to private clients and trade groups on topics varied as premises liability, limited tort, expert issues, handling catastrophic cases and the ever-changing law of uninsured/ underinsured motorists claims. We would welcome the opportunity to work with you in handling your General Liability litigation and we are available to give presentations or conduct training seminars on various General Liability topics.

6 Commercial & Business Litigation With a wealth of experience in litigation, ranging from representing individuals, partnerships, closely held and public corporations, other business entities, as well as governmental entities, our Commercial & Business Litigation Group has a reputation for success. Our strong litigation practice includes trial and appellate counsel, arbitrators, and mediators. Each matter receives resources that are commensurate with the needs of the client and the issues involved, and each case is managed to achieve a prompt, sensible, and cost-effective resolution. Our responsiveness to our clients has generated loyal and successful relationships in matters ranging from basic contract disputes to complex litigation, including disputes in the following areas: Administrative law Antitrust Appellate law Constitutional issues Contract disputes Construction Consumer finance Creditors rights Defamation Franchises and distributorships Fraud Insurance and reinsurance Products liability and other torts Real estate / property disputes Restrictive covenants Shareholder and securities suits Trade secrets Unfair competition Unfair trade practices White collar defense and internal investigations We recognize that litigation is not the only way to resolve legal controversies. Our skill and experience in arbitration, mediation, and other forms of alternative dispute resolution are widely recognized, and our lawyers will work with you to discuss the range of available strategies that can be pursued to accomplish the most efficient and effective results for your matter.

7 Insurance Coverage & Bad Faith Our Insurance Coverage & Bad Faith Group has represented and advised the insurance industry in coverage and extra-contractual matters since the inception of the firm. We have developed extensive experience in representing insurers before state and federal courts and administrative agencies. Our representation over the decades means that our attorneys understand and anticipate the development of the law as it relates to the insurance industry. The firm s attorneys provide sound analysis of coverage issues to national and regional insurers involving all types of standard and manuscript commercial and personal lines policies: general liability, property, professional liability, director and officer, automobile, trucking, garage, farm, homeowner, fidelity, surety, bond, excess, surplus lines, reinsurance, employer s liability, and worker s compensation policies. Our attorneys routinely represent insurers in complex, multi-party, first and third-party insurance coverage disputes involving uninsured and underinsured motorists coverage, construction, property damage, environmental, toxic and personal injury torts, intellectual property, investment fraud, transportation, and employment issues. We litigate all issues of policy interpretation and defend related bad faith suits seeking contractual and extra-contractual damages in state and federal courts. We also litigate and negotiate issues claims involving additional insured claims, indemnity and contract issues, deductibles and self-insured retentions. We assist in investigation and formulating strategies for property claims including flood, fire, theft, arson, business interruption, fraud, and pollution losses. We take examinations under oath and investigate suspicious claims. Our attorneys provide expertise in drafting policies and endorsements, revising policy language to reflect the insurer s intended assumption of risk. We routinely draft agency and other contracts related to the insurance industry, and provide assistance in drafting policy and procedural guidelines. We provide national advice to insurers as to jurisdictional differences and all aspects of coverage law and litigation. We also represent insurers in market conduct reviews and audits. We represent insurers on issues relating to policy cancellation, rescission and reformation issues in litigation or administrative proceedings. We welcome the opportunity to work with you in handling any insurance-related issue. We are available to give presentations or conduct training seminars as our attorneys routinely speak to private clients and at seminars for groups. We are pleased to field individual inquiries from the industry. In addition, our attorneys are available to speak on topics of interest regarding the law and good faith insurance practices.

8 Subrogation In addition to defending insureds on behalf of insurers, Thomas, Thomas and Hafer s attorneys also have vast experiences handling subrogation matters on behalf of insurance companies. Our Subrogation group brings the same tenacity, knowledge, and dedication utilized in defending insureds to help you recover the fullest amount possible from any responsible third parties after you have paid your claim to the insured. Our attorneys have handled high-value subrogation claims (often six and seven figures), and have gone to trial to successfully recover those amounts. We have handled fire losses, water losses, and other catastrophic claims, as well as motor vehicle accident claims, construction claims, and other types of losses. The attorneys in our Subrogation group have vast experience in pursing an insurer s subrogation rights, and can readily assist in evaluating the probability of success, as well as the likelihood of recovery of any judgment from the responsible third parties. Our staff of experienced attorneys is ready to assist you in identifying potential subrogation avenues and to pursue those claims from those who are ultimately responsible for a loss that you have paid. We are also available for seminars and presentations on a variety of subrogation topics, including preserving your subrogation rights and identifying coverage for potentially liable third parties.

9 Property Group & Special Unit Investigation Thomas, Thomas & Hafer s Property Group and SIU lawyers focus on property insurance issues including claim handling, misrepresentation, fraud and arson issues. Our attorneys are especially attuned to the particular legal issues presented with first-party property loss claims and SIU investigations. As such, we work closely with our clients in providing effective and comprehensive legal services in these areas. Our services include providing legal advice throughout the claim process; taking examinations under oath; evaluation of legal issues; and issuance of opinion letters and conducting and/or coordinating the investigation of complex and fraudulent claims. The cases involve both residential, as well as commercial claims. The scope of the claims handled by our attorneys often include not only property damage, but also loss of business income, extra expenses and other related aspects of coverage. In addition, our attorneys are frequently asked to become involved as counsel for the insurance company, once a claim has been denied and litigation results. Our attorneys are also experienced in handling fidelity claims, such as employee dishonesty claims. If appropriate, our attorneys will prepare Declaratory Judgment Complaints in an attempt to secure Court approval of a coverage decision. Our Property Attorneys frequently provide training and seminars to insurance companies and trade associations and have participated at both international and regional seminars of PLRB and IASIU. Additionally, our attorneys are often invited to address regional claims associations, such as the Philadelphia Loss Conference.

10 Construction, Surety & Design Professionals From building collapses to construction site fatalities to EFIS claims threatening an entire subdivision, the lawyers of the Construction, Surety & Design Professionals Practice Group have built a record of protecting the interests of owners, developers, general contractors, subcontractors, homeowners, material manufacturers and suppliers, design professionals, insurers and sureties in construction litigation matters. A number of the group s Partners have engineering degrees and others have technical backgrounds. This breadth and depth of experience helps us to understand the technical issues underlying the client s legal matter, prepares us for retaining and interacting with expert witnesses, and informs us when its time to roll-up our sleeves and fight for you in the courtroom. While construction and design professional disputes are often resolved through planning, negotiation, or various forms of ADR, the Group has completed hundreds of jury trials and is recognized throughout the region for trying and successfully resolving a variety of claims including subrogation, personal injury, death, property damage, business interruption, construction defect etc. Members of the Construction, Surety & Design Professionals Practice Group have also become recognized as regional leaders in the defense and resolution of toxic and non-toxic mold claims.

11 Administrative Agency & Appellate Since the inception of Thomas, Thomas & Hafer, in addition to litigating civil matters through jury and non-jury trials, its experienced attorneys also have represented clients before numerous administrative agencies and in appellate matters. The attorneys in our Administrative Agency & Appellate Practice Group have focused their practice on successfully representing clients during procedurally complex administrative agency matters and before Appellate Courts of Appeals, both state and federal. Appellate Group attorneys are experienced in defending or challenging verdicts before the Pennsylvania Superior Court, Commonwealth Court and Supreme Court and Maryland Appellate Courts. Our Appellate attorneys also represent clients in appeals venued in federal courts, including before the United States Supreme Court. We work closely with the trial attorneys in order to optimize the chances of success of the appeal. Our attorneys also are available to represent clients during post-trial litigation even when the prior litigation has been handled by other law firms. The Appellate Group s involvement ranges from drafting and filing briefs, motions and petitions. Our attorneys also appear before all of these Courts for oral argument and are experienced orators. Importantly, our Appellate Group is extremely familiar with the complex rules of appellate procedure, which if not complied with, can result in dismissal of an appeal. Our Administrative Agency specialists represent clients in a wide variety of administrative matters. For instance, our attorneys have successfully represented clients before the State Board of Medicine, State Board of Osteopathic Medicine, State Board of Nursing, State Board of Real Estate Appraisers, State Board of Funeral Directors, and State Board of Chiropractors. Our Group further has represented clients in Medicare appeals and other insurance-related hearings before the Administrative Appeals Office, such as appeals of cancellation of homeowners policies. Also included is representing insurers before state insurance departments, relating to reviews of insurers underwriting and/or claims processes. Our Administrative Agency Group s appeals in such matters has resulted in landmark cases such as Leon E. Wintermeyer, Inc. v. WCAB, 812 A.2d 478 (Pa. 2002), which resulted in the Pennsylvania Supreme Court essentially re-writing the rules for Appellate review of administrative decisions. Our attorneys also have filed amicus briefs on behalf of groups before our Appellate courts. We would welcome the opportunity to represent your interests in Administrative Agency or Appellate matters.

12 Employment Law The Employment Law Practice Group at Thomas, Thomas & Hafer has grown rapidly due to the ever-changing statutory framework applicable to employment relationships. With the adoption of numerous federal laws in this area, including Title VII, The Family and Medical Leave Act, the Americans with Disabilities Act, ADEA, and innumerable other federal, state and local laws, employers are increasingly the subject of litigation as a result of all types of employment decisions. We have a team of attorneys trained to counsel employers on how to make these decisions to avoid litigation, and to ensure compliance with employment-related statutes. Our attorneys regularly consult with clients on day-to-day employment matters including: drafting employee manuals and job descriptions; consulting on hiring practices, disciplinary and termination decisions; and investigation of claims of harassment and discrimination. We are experienced employee and management trainers on employment topics such as discrimination and harassment, hiring and firing, FMLA, and FLSA issues. Our attorneys routinely provide in-house training directly to clients, as well as seminars sponsored by industry groups. For many companies, avoiding litigation and its costs is priority number one, and our attorneys recognize that settlement is often desirable to our clients in these contentious cases, and are committed to communicating early and often with clients about the benefits and merits of settlement and negotiation. We are not proponents of settlements on the steps of the courthouse, after significant costs have already been accrued. We understand that clients legal fees are most affordable when the client is able to avoid litigation, and our first goal is to attempt to prevent a case from ever going to court through proper counseling, training and educating its client base in the intricacies that now dominate the field of employment law. When litigation cannot be avoided through negotiation or training, however, our team is fully equipped to handle litigation in federal and state courts, as well as administrative agencies such as the Human Relations Commission and the Equal Employment Opportunity Commission. We regularly appear in employment cases in federal district courts and federal appellate courts.

13 Workers Compensation Attorneys in the Workers Compensation Practice Group represent employers and carriers, as well as agents and brokers. We untangle the complex web of workers compensation and unemployment compensation laws and regulations; and work with our clients to achieve subrogation lien recoveries. This practice group complements and supplements our Employment Law, Subrogation and Insurance Coverage Practice Groups, giving us the expertise to effectively handle the entire gamut of coverage and employment-related issues. Our practice encompasses not only trial and appellate representation, but also risk management and risk avoidance advice, reserving, insurance policy interpretation, and representation of clients in securing self-insured status. We routinely appear before all relevant state and federal administrative agencies and departments, as well as in the state and federal courts throughout Pennsylvania, Maryland and the District of Columbia. Our offices throughout Pennsylvania and Maryland allow us to offer statewide coverage before all tribunals in these jurisdictions. With nearly 300 years of combined experience, our team has the expertise to efficiently evaluate claims and provide our clients with an early assessment of exposure. By identifying matters that require prompt disposition, we are able to concentrate the use of our clients valuable resources on matters that truly deserve to be tried and won. Our reputation with the tribunals before which we practice is unparalleled, so we encourage you to simply ask any judge in your area about us.

14 Transportation The Thomas, Thomas & Hafer Transportation Group handles all aspects of transportation matters, from emergency accident response to trial, and from cargo claims to insurance and coverage issues. Effective legal representation in the transportation industry requires experience. Our Transportation Group attorneys are distinguished by their unique experience, having handled hundreds of jury trials to completion. Unique Transportation Industry Experience: For many years, we have represented major trucking and bus companies and major insurers who provide insurance coverage for the transportation industry. As a result of these years of representation, we have developed a level of expertise in transportation cases. We understand the importance and significance of log books, Qualcomm records, engine control module (ECM) science, accident reconstruction, maintenance records, FMCSR regulations, drug testing, conspicuity and the myriad of other issues unique to transportation litigation. We have access to some of the most prominent experts in the field. Members of the group belong to TIDA, ABA, DRI, PDI, and USLAW, and frequently lecture on transportation law topics. 24/7 Emergency Response program experience: The Firm s Emergency Response program and protocol is battle tested and effective. The lawyers have dozens of emergency response calls under their belts. Lawyers can be reached 24/7 at the TTHLAW1 toll free number or through the lawyers personal numbers, which many clients already possess. We have access to some of the most prominent accident reconstruction, human factors, conspicuity, truck safety and vehicle maintenance and design experts in the field. Experience has proven that a committed and quickly deployed emergency accident response, with a high level client communication, leads to effective protection of drivers, evidence retention, risk assessment and protection of the company. Aggressive, yet practical approach to cases we consider it to be our job to carefully and thoughtfully analyze a case as early as possible to posture it for settlement or trial. In many cases involving fatal accidents, we have represented both the company in the civil action and the driver with regard to criminal charges arising from the accident.

15 Thomas, Thomas & Hafer Office Locations PENNSYLVANIA BETHLEHEM CrownePointe Corporate Center 3101 Emrick Boulevard, Suite 310 Bethlehem, PA PH FX HARRISBURG 305 North Front Street, Sixth Floor Harrisburg, PA PH FX PHILADELPHIA Four Penn Center 1600 JFK Boulevard, Suite 620 Philadelphia, PA PH FX PITTSBURGH One Oxford Centre 301 Grant Street, Suite 1150 Pittsburgh, PA PH FX WILKES-BARRE Cross Creek Pointe 1065 Highway 315, Suite 205 Wilkes-Barre, PA PH FX MARYLAND BALTIMORE Woodholme Center 1829 Reisterstown Road, Suite 200 Pikesville, MD PH FX NEW JERSEY CLINTON 14 Moebus Place Clinton, NJ PH FX

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