Wade Clark Mulcahy LLP

James D. Dudley Associate Pennsylvania jdudley@wcmlaw.com 257 665 0755 Professional Experience James Dudley handles a wide variety of litigation matters, including personal injury, construction defect, defamation, and premises liability. He attended Villanova University for both his undergraduate and law degrees. Prior to attending law school, he served as a surface warfare officer in the U.S. Navy. News I'm a paragraph. Click here to add your own text and edit me. It's easy. Download Education J.D., Villanova University School of Law B.A., Villanova University Bar Admissions New Jersey Pennsylvania

Jonathan H. Adams Counsel Louisiana jadams@wcmlaw.com (504) 203-4393 Professional Experience Jonathan has significant experience in casualty, medical malpractice and civil rights defense. He has extensive knowledge of all aspects of litigation, including strategy, budgeting, discovery, pre-trial motion practice, settlement negotiation, witness preparation and trial. In his free time, Jonathan enjoys reading, playing with his dogs, and visiting his grandchildren. Honors and Distinctions J. Stanford Levy Best Brief Competition, , Loyola University School of Law Certified Litigation Management Professional (CLMP) Professional Activities New Orleans Bar Association, Member Louisiana State Bar Association, Member Claims & Litigation Management Alliance, Member News I'm a paragraph. Click here to add your own text and edit me. It's easy. Download Education Spring Hill College, B.S., Magna Cum Laude Loyola University School of Law, J.D., Cum Laude Bar Admissions Louisiana Court Admissions U.S. District Court Eastern District of Louisiana U.S. District Court Middle District of Louisiana U.S. District Court Western District of Louisiana U.S. Court of Appeals 5th Circuit

Filter by: Filter by: Filter Pennsylvania Florida Louisiana Texas Attorneys Partner Associate Counsel Of Counsel Jonathan H. Adams Counsel Admitted LA E. Alexis Bevis Partner Admitted LA Michael A. Bono Executive Partner Admitted NY, NJ, PA Joseph A. Capone Associate Attorney Admitted NJ, NY Robert J. Cosgrove Executive Partner Admitted NY, NJ, PA James D. Dudley Associate Admitted in PA Brian Gibbons Partner Admitted NY Ryan Hunsicker Senior Associate Admitted PA, NJ Jordan Korb Associate Admitted NY Pablo O. Madriz Counsel Admitted NY, CA Brian T. Noel Partner Admitted NY, PA, NJ Alexander Rabhan Senior Associate Admitted NY Corey Stein Associate Admitted NY Jessica Whelan Associate Admitted PA Patrick J. Argento Counsel Admitted NY Abed Z. Bhuyan Partner Admitted NY Harris D. Bresowsky Associate Admitted in NY Christopher Chau Associate Admitted in PA, NY Maria E. Dalmanieras Partner Admitted FL Charles N. Frank Associate Admitted in PA Laina T. Goldwin Associate Admitted in PA, NJ Elizabeth A. Isser Counsel Admitted NJ & NY Jason Laicha Counsel Admitted PA, NY Taylor Mitarotonda Senior Associate Admitted NY Janette Nweme-Singley Associate Admitted NY Peter R. Restani Partner Admitted FL Anand P. Tayal Associate Admitted PA, NJ Gina M. Arnedos Partner Admitted NY Teresa G. Bohne Partner Admitted TX Nicole Y. Brown Managing Partner Admitted NY, NJ Georgia Coats Partner Admitted NY D.J. Dawson Partner Admitted PA Hannah M. Garber Associate Admitted in PA William A. Healy IV Counsel Admitted NY Nishall N. Jairam Counsel Admitted FL, NY Zachary Lawrence Associate Attorney Admitted in NY Marc D. Mory Counsel Admitted NJ, NY Nicholas A. Ozorowski Associate Admitted PA Christopher Roppolo Associate Admitted NY, PA Dennis M. Wade Partner Admitted PA, NJ, NY Sri L. Balijepalle Associate Admitted PA, NY Garrett Bolton Associate Admitted in NJ Clay Brown Associate Admitted NY, KY Ashley R. Corcoran Associate Admitted in NJ, NY Chynna S. Demas Associate Admitted LA, AL, TN , NY Chip M-P George Of Counsel Admitted FL Simone N. Henderson Associate Admitted in PA Jennifer Corbett Kerrick Associate Admitted PA Scott A. Lazar Partner Admitted NJ, NY Caroline G. Nelson Associate Attorney Admitted PA & NJ Sarah Polacek Senior Associate Admitted PA, NJ James W. Scott Jr. Partner Admitted PA, NJ Emily C. Walpole Of Counsel Admitted NY New York New Jersey Long Island England

Filter by: Filter by: Partner New York Pennsylvania Counsel New Jersey Florida Paralegal Operations Of Counsel Associate Long Island Louisiana England Texas Filter Law Clerk Jonathan H. Adams Jonathan H. Adams Counsel Admitted LA E. Alexis Bevis E. Alexis Bevis Partner Admitted LA Michael A. Bono Michael A. Bono Executive Partner Admitted NY, NJ, PA Joseph A. Capone Joseph A. Capone Associate Attorney Admitted NJ, NY Robert J. Cosgrove Robert J. Cosgrove Executive Partner Admitted NY, NJ, PA Chynna S. Demas Chynna S. Demas Associate Admitted LA, AL, TN , NY Chip M-P George Chip M-P George Of Counsel Admitted FL Shonette K. Greene Shonette K. Greene Law Clerk Elizabeth A. Isser Elizabeth A. Isser Counsel Admitted NJ & NY Jason Laicha Jason Laicha Counsel Admitted PA, NY Pablo O. Madriz Pablo O. Madriz Counsel Admitted NY, CA Caroline G. Nelson Caroline G. Nelson Associate Attorney Admitted PA & NJ Sarah Polacek Sarah Polacek Senior Associate Admitted PA, NJ Christopher Roppolo Christopher Roppolo Associate Admitted NY, PA Mark Turner Mark Turner Market Representative Jessica Whelan Jessica Whelan Associate Admitted PA Patrick J. Argento Patrick J. Argento Counsel Admitted NY Abed Z. Bhuyan Abed Z. Bhuyan Partner Admitted NY Harris D. Bresowsky Harris D. Bresowsky Associate Admitted in NY Christopher Chau Christopher Chau Associate Admitted in PA, NY Maria E. Dalmanieras Maria E. Dalmanieras Partner Admitted FL James D. Dudley James D. Dudley Associate Admitted in PA Brian Gibbons Brian Gibbons Partner Admitted NY William A. Healy IV William A. Healy IV Counsel Admitted NY Nishall N. Jairam Nishall N. Jairam Counsel Admitted FL, NY Zachary Lawrence Zachary Lawrence Associate Attorney Admitted in NY Eileen McGlyn Eileen McGlyn Paralegal Brian T. Noel Brian T. Noel Partner Admitted NY, PA, NJ Alexander Rabhan Alexander Rabhan Senior Associate Admitted NY James W. Scott Jr. James W. Scott Jr. Partner Admitted PA, NJ Rachel A. Wade Rachel A. Wade Director of Human Resources Gina M. Arnedos Gina M. Arnedos Partner Admitted NY Teresa G. Bohne Teresa G. Bohne Partner Admitted TX Nicole Y. Brown Nicole Y. Brown Managing Partner Admitted NY, NJ Georgia Coats Georgia Coats Partner Admitted NY Helene E. Dalmanieras Helene E. Dalmanieras Paralegal Charles N. Frank Charles N. Frank Associate Admitted in PA Laina T. Goldwin Laina T. Goldwin Associate Admitted in PA, NJ Simone N. Henderson Simone N. Henderson Associate Admitted in PA Jennifer Corbett Kerrick Jennifer Corbett Kerrick Associate Admitted PA Scott A. Lazar Scott A. Lazar Partner Admitted NJ, NY Taylor Mitarotonda Taylor Mitarotonda Senior Associate Admitted NY Janette Nweme-Singley Janette Nweme-Singley Associate Admitted NY Jenny Rajkowski Jenny Rajkowski Paralegal Corey Stein Corey Stein Associate Admitted NY Dennis M. Wade Dennis M. Wade Partner Admitted PA, NJ, NY Sri L. Balijepalle Sri L. Balijepalle Associate Admitted PA, NY Garrett Bolton Garrett Bolton Associate Admitted in NJ Clay Brown Clay Brown Associate Admitted NY, KY Ashley R. Corcoran Ashley R. Corcoran Associate Admitted in NJ, NY D.J. Dawson D.J. Dawson Partner Admitted PA Hannah M. Garber Hannah M. Garber Associate Admitted in PA Michelle B. Gonsoulin Michelle B. Gonsoulin Chief Operating Officer Ryan Hunsicker Ryan Hunsicker Senior Associate Admitted PA, NJ Jordan Korb Jordan Korb Associate Admitted NY Alexandra McShane, Pa.C.P. Alexandra McShane, Pa.C.P. Litigation Paralegal Marc D. Mory Marc D. Mory Counsel Admitted NJ, NY Nicholas A. Ozorowski Nicholas A. Ozorowski Associate Admitted PA Peter R. Restani Peter R. Restani Partner Admitted FL Anand P. Tayal Anand P. Tayal Associate Admitted PA, NJ Emily C. Walpole Emily C. Walpole Of Counsel Admitted NY Team Members

Filter by: Filter by: England Law Clerk Long Island Florida New Jersey Paralegal New York Pennsylvania Filter Helene E. Dalmanieras Paralegal Eileen McGlyn Paralegal Michelle B. Gonsoulin Chief Operating Officer Jenny Rajkowski Paralegal Shonette K. Greene Law Clerk Mark Turner Market Representative Alexandra McShane, Pa.C.P. Litigation Paralegal Rachel A. Wade Director of Human Resources Professional Staff

Wade Clark Mulcahy LLP attorneys represent clients who rely upon our success as advocates and our practical, results oriented advice and recognized expertise as trial and appellate lawyers across a broad spectrum of insurance, commercial and coverage matters. While we practice from our offices in New York City, New Jersey, Pennsylvania and Long Island, our clients regularly call upon us to manage risk in jurisdictions across the country. Our growth has been driven by client referrals. Results Speak for Themselves We are litigators who think practically not abstractly. We are trial lawyers who understand coverage and coverage lawyers who try cases. We are advisors who help you manage your risk. PRACTICE AREAS Our Practice Areas Retail & Hospitality Dram Shop Commercial Auto & Trucking Products Liability Cybersecurity & Data Privacy Premises Liability Insurance Coverage Fraud Investigation and Prosecution First Party Property Fine Art and Specie Employment Law Education and Not for Profit Law Construction Litigation Commercial Litigation Casualty Defense Appellate Subrogation and Recovery Sports and Recreational Liability Professional Liability Retail & Hospitality Dram Shop Commercial Auto & Trucking Products Liability Cybersecurity & Data Privacy Premises Liability Insurance Coverage Fraud Investigation and Prosecution First Party Property Fine Art and Specie Employment Law Education and Not for Profit Law Construction Litigation Commercial Litigation Casualty Defense Appellate Subrogation and Recovery Sports and Recreational Liability Professional Liability OUR VISION What sets Wade Clark Mulcahy apart Wade Clark Mulcahy LLP attorneys represent clients who rely upon our success as advocates and our practical, results oriented advice and recognized expertise as trial and appellate lawyers across a broad spectrum of insurance, commercial and coverage matters. While we practice from our offices in New York City, New Jersey, Pennsylvania, Long Island, Florida, Louisiana, and Texas, our clients regularly call upon us to manage risk in jurisdictions across the country. Our growth has been driven by client referrals. ATTORNEYS Latest News Experienced Parter Scott A. Lazar Joins Wade Clark Mulcahy LLP’s New Jersey Office First Department Affirms Major Coverage Ruling for Specie Market, Holding the “Unattended Vehicle” Exclusion Applies to Goods on Consignment New York's Highest Court Affirms WCM's Victory Regarding Tenders in Public Sidewalk Cases First Department Reaffirms Litigants’ Right to Move Without Prior Judicial Approval WCM Selected as Law Firm of the Year by Pennsylvania Defense Institute First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases DJ Dawson and Sarah Polacek secure a Trial Victory in Philadelphia Jason Laicha Promoted to Senior Associate Mike Bono to Present at IFASIC Conference in Budapest WCM Wins Major Coverage Ruling for Specie Market: Classic “Unattended Vehicle” Exclusion Applies to Goods on Consignment When Making a Notice of Claim, Make Sure to Include EVERY Claim the First Time LIABLE, UNTIL PROVEN INNOCENT: How Landlords Must Be Clear About the Transferring of Possession and Control When Leasing Property How “Serious”’ Means Serious Injury Even Though He Couldn’t See, it’s Defendant’s Fault Subcontractor’s Insurer Must Reimburse General Contractor For Defense Costs in Workplace Injury to Subcontractor’s Employee Cards Against Humanity Sues SpaceX Over Texas Trespass No Duty to Defend: Insurers Off the Hook in "Ghost Gun" Sales Case Navigating the Affirmative Negligence Exception in Trip and Fall Cases Against the City What is Considered Adequate Inspection Of An Establishment? Balancing the Scales: The Role of Res Ipsa Loquitur in Pennsylvania Negligence Cases Experienced Parter Scott A. Lazar Joins Wade Clark Mulcahy LLP’s New Jersey Office First Department Affirms Major Coverage Ruling for Specie Market, Holding the “Unattended Vehicle” Exclusion Applies to Goods on Consignment New York's Highest Court Affirms WCM's Victory Regarding Tenders in Public Sidewalk Cases First Department Reaffirms Litigants’ Right to Move Without Prior Judicial Approval WCM Selected as Law Firm of the Year by Pennsylvania Defense Institute First Department Rules that Circumstances Do Matter in Evaluating AI Tenders in Public Sidewalk Cases DJ Dawson and Sarah Polacek secure a Trial Victory in Philadelphia Jason Laicha Promoted to Senior Associate Mike Bono to Present at IFASIC Conference in Budapest WCM Wins Major Coverage Ruling for Specie Market: Classic “Unattended Vehicle” Exclusion Applies to Goods on Consignment When Making a Notice of Claim, Make Sure to Include EVERY Claim the First Time LIABLE, UNTIL PROVEN INNOCENT: How Landlords Must Be Clear About the Transferring of Possession and Control When Leasing Property How “Serious”’ Means Serious Injury Even Though He Couldn’t See, it’s Defendant’s Fault Subcontractor’s Insurer Must Reimburse General Contractor For Defense Costs in Workplace Injury to Subcontractor’s Employee Cards Against Humanity Sues SpaceX Over Texas Trespass No Duty to Defend: Insurers Off the Hook in "Ghost Gun" Sales Case Navigating the Affirmative Negligence Exception in Trip and Fall Cases Against the City What is Considered Adequate Inspection Of An Establishment? Balancing the Scales: The Role of Res Ipsa Loquitur in Pennsylvania Negligence Cases

News PA Appellate Court Clarifies Insured’s Right to Own Counsel. August 8, 2011 < Back Share to: In the case of Eckman v. Erie Insurance, Solid Waste Services sued Eckman for false statements made during a local election campaign. Eckman presented the claim to its homeowner’s carrier, Erie. Erie assigned defense counsel under a reservation of rights. The ROR noted that intentional acts and punitive damages were excluded from coverage. Eckman rebuffed Erie’s assigned counsel and instead demanded counsel of its own choosing. When that offer was rejected, Eckman commenced a declaratory judgment action and sought injunctive relief to force Erie to provide Eckman with counsel of Eckman’s choosing. In making its argument, Eckman relied upon admittedly non-binding Pennsylvania case law and suggested that “a conflict of interest is a conflict of interest, exclusive of Pennsylvania case law.” Eckman argued that any attorney selected by an insurer under a reservation of rights, and paid by that insurer, would ipso facto breach his or her obligations to the insured/client. Eckman’s claim was rejected both by the trial court and the Superior Court. In a good result for insurers, the court reasoned that a conflict of interest (such to support the assignment of independent counsel) must be proven and cannot merely be presupposed. This decision is consistent with controlling PA precedent and as the court rightfully noted, it is bound to “follow controlling precedent as long as decision has not been overturned by the Supreme Court.” So, in Pennsylvania at least, a reservation of rights does not automatically trigger a right to independent counsel. If you have any questions about this post, please contact Bob Cosgrove at rcosgrove@wcmlaw.com . Previous Next Contact

News Spiderman, Spiderman -- Does Whatever a Lawyer Can? February 14, 2011 < Back Share to: The artistic and technical problems of the new Spiderman musical are well-chronicled -- http://www.huffingtonpost.com/2011/02/09/spider-man-reviews_n_820640.html. And, it is certainly a good thing that NY's Labor Law does not apply to actors' falls from heights -- http://abcnews.go.com/Entertainment/wireStory?id=12446206. But, since the odds of some kind of lawsuit ultimately arising are, at least, decent, Saturday Night Live has decided to have some fun -- http://www.nbc.com/saturday-night-live/video/spider-man-lawsuit/1291746/. If only, there wasn't some truth to the absence of professional standards. For more information about this post, please contact Bob Cosgrove at rcosgrove@wcmlaw.com . Previous Next Contact

News Pennsylvania Supreme Court Weighing Bad Faith (PA) November 27, 2019 < Back Share to: Back in April, we noted all eyes were on the PA Supreme Court to further clarify the bad faith standard with respect to insurance coverage in the lawsuit captioned: Berg v. Nationwide Mut. Ins. Co., Inc. On Thursday, November 21, oral arguments were finally held in this matter. During arguments, the PA Supreme Court was asked to consider whether the PA Superior Court abused its discretion by reweighing evidence relied upon by the trial court in its finding of bad faith on the part of an insurance carrier. By way of background, this lawsuit stems from a 1996 car accident involving Sharon Berg which led to well over a decade of litigation between Berg and her automobile insurer. The insurance company chose to send the vehicle for repairs rather than deem it totaled. Berg sued her insurer on the premise that the repairs were defective and the car was no longer crashworthy. One of the hotly contested issues became whether the insurer had, in bad faith, decided to repair the vehicle because it was half the cost of rendering it totaled, although the car was in fact totaled. A Berk’s County jury found almost entirely in favor of the insurer and only found it should pay $295 for violating the Pennsylvania Unfair Trade Practices and Consumer Protection Law. However, the trial judge found bad faith on the part of the insurer and added $18M in punitive damages and $3M in counsel fees to Berg’s verdict. Specifically, the trial judge cited to the insurer’s later decision to deem the car totaled, its failures to disclose information about the vehicle’s condition, abusing the discovery process, and its failure to negotiate in good faith. On appeal, the Superior Court found the evidence relied upon by the trial judge to be unconvincing and reversed the trial court’s verdict. Specifically, it found that there was no evidence that the insurer knew the vehicle was not safe to be put back on the road nor that it acted in bad faith, stating, “The trial court simply ignored a large body of evidence that rendered is finding unsupported.” In addition, the appellate court found bias on the part of the trial judge because of language in the judge’s opinion that appeared to condemn the insurance industry in broad terms. On Thursday, the PA Supreme heard oral arguments after granting Berg’s appeal. It will issue its decision on, among other things, whether the appellate court abused its discretion “by reweighing and disregarding clear and convincing evidence introduced in the trial court upon which the trial court relied to enter a finding of insurance bad faith.” Continue to stay tuned for the PA Supreme Court’s ruling and its impact on PA bad faith litigation. Thank you to Priscilla Torres for her contribution to this post. Please email Colleen E. Hayes with any questions. Previous Next Contact

News Mere Presence Of A Hazard Does Not Create Liability August 18, 2011 < Back Share to: In Atashi v. Fred-Doug 117, LLC, the First Department reaffirmed the lower court’s dismissal of the plaintiff’s compliant, holding that the defendants did not create the alleged dangerous condition that caused the plaintiff’s accident, nor did they have actual or constructive notice. Atashi, a security guard at the defendants’ building, tripped and fell over a large flatbed dolly that tenants sometimes borrowed from the building staff. The court held that the presence of the dolly alone did not equate liability onto the defendants. Atashi conceded that the dolly was not in the hallway five hours prior to the accident, and he would have been the only employee on site that day responsible for inspecting the location on the defendants’ behalf. Thus, absent any evidence to establish that the defendants created the condition, or would have been made aware of the condition by another building employee, his complaint had to be dismissed. Thanks to Lora Gleicher for her contribution to this post. http://www.courts.state.ny.us/reporter/3dseries/2011/2011_06290.htm Previous Next Contact

News WCM Partner Speaks to Academy of Experts in London. March 23, 2018 < Back Share to: On March 14, 2018, WCM Partner Bob Cosgrove spoke to The Academy of Experts at Gray’s Inn, Inns of Court, London, UK. His presentation was entitled “I’m a Bit of an Expert: The Use of Experts in US Litigation.” The seminar explained the differences between US and UK approaches on experts and how that impacts the ultimate outcomes of litigation. For more information about this post please e-mail Bob Cosgrove. Previous Next Contact

News In NY, a Tender Requires Support. August 12, 2011 < Back Share to: In Admiral Ins. Co. v. State Farm Fire & Cas. Co., the plaintiff insurer sought a declaration that the defendant insurer was obligated to defend and indemnify plaintiff P&K Contracting in the underlying personal injury action. The relevant facts of that tender are as follows. In October 2002, an employee of Shahid Enterprises, a subcontractor retained by P&K, was injured when he fell from a ladder. In 2003, the employee commenced a lawsuit. On September 22, 2003, United Claims Service, as authorized representatives of the plaintiff, sent a tender letter to Shahid demanding defense and indemnification. On December 17, 2003, UCS sent Shahid a follow up letter with copies to State Farm, Shahid’s insurer. In the letter, UCS did not indicate when it first received notice of the incident or lawsuit. State Farm claimed it did not receive this letter until January 22, 2004, because the letter was forwarded to an inactive claims office. On February 5, 2004, State Farm wrote to UCS and P&K requesting a copy of the file since it had no information on the accident. On March 19, 2004, State Farm sent UCS, plaintiff, P&K, and Shahid a letter wherein it reserved its right to deny defense and indemnity based on late notice. By letter dated April 13, 2004—now 113 days after UCS’ December 17, 2003 follow up letter—State Farm disclaimed coverage based on P&K’s failure to give prompt notice. Both plaintiff and defendant moved for summary judgment and both motions were denied, as the Supreme Court found that triable issues of fact existed as to whether State Farm disclaimed coverage as soon as was reasonably possible. In affirming the trial court's decision, the First Department focused on the fact that the December 17, 2003 follow up letter did not provide State Farm with any information regarding when P&K received notice of the incident or suit, and thus did not make it “readily apparent” that State Farm had the right to disclaim coverage. In reaching that conclusion, the court noted its disapproval of the policy of disclaiming now and investigating later. The moral of the story is -- if you're pressing a tender, make sure you provide enough information for the tender to be analyzed. Otherwise, you're going to be fighting a long legal battle. Special thanks to Gabe Darwick for his contributions to this post. For more information about it, or WCM's coverage practice, please contact Bob Cosgrove at rcosgrove@wcmlaw.com . Previous Next Contact