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German Gallagher & Murtagh is pleased to announce partner Andre J. Webb has been selected to become a member of the Federation of Defense and Corporate Counsel (FDCC)
German Gallagher & Murtagh is pleased to announce partner Andre J. Webb has been selected to become a member of the Federation of Defense and Corporate Counsel (FDCC). The FDCC is an exclusive, invitation-only international organization of civil defense attorneys in private practice, in-house counsel, risk managers, and insurance claims professionals.
Andre joins fellow GGM member Dean Murtagh, as well as a select group of 1,200 defense attorneys from the U.S., Australia, Canada, and Europe as part of the FDCC.
The FDCC, comprised of recognized leaders in the legal community who have achieved professional distinction, is dedicated to promoting knowledge, fellowship, and professionalism of its members as they pursue the course of a balanced justice system and represent those in need of a defense in civil lawsuits.
GGM Associate highlights work of local grief-support organization in Legal Intelligencer
Brian O. Sumner, an associate in GGM’s worker’s compensation group, co-authored an op-ed calling attention to the work of the Uplift Center for Grieving Children in the Philadelphia Juvenile Justice Center. Uplift provides grief support groups for children who have experienced a loss. The op-ed was published to coincide with National Children’s Grief Awareness Day and describes the work Uplift does with incarcerated youth, as well as youth in the wider Philadelphia community.
Grieving Youth in the Justice System: A Call for Help From the Legal Community
This Children’s Grief Awareness Day, attorneys should seek to understand the impacts of grieving youth in the juvenile justice system.
By Michelle Gonzalez, Samantha Anthony, Kristine Grady Derewicz and Brian O. Sumner
Today is Children’s Grief Awareness Day. How is this relevant to our legal community? Grief, a physiological and psychological response to loss, is often overlooked as a contributor to decision making. Many youth involved in the juvenile justice system have experienced a loss and are grieving. In Chicago, one study found the prevalence of loss due to death to be 88% for detained adolescents, while another in San Diego found the prevalence of loss to be 71.9%. We know that an estimated 5.6 million children in the United States will experience the death of a parent or sibling by age 18—not including the deaths of caregivers and other loved ones, reasonably suggesting that the number of grieving youth is actually much higher. The many ways that youth respond to loss can influence behaviors that land youth in the juvenile justice system. If we understand the impacts of grief, then we can identify and support grieving youth, particularly those involved in the juvenile justice system.
Philadelphia’s Uplift Center for Grieving Children provides free grief support services to youth at the Philadelphia Juvenile Justice Services Center who can range in age from 10 to 18. As lawyers, we should be aware of and support this important work as one component of a wholistic approach to addressing healthy development of the youth of our city.
All people experience grief in connection with the death of a loved one, or more ambiguously as a result of loss of connection, stability or physical presence. A grieving youth may be experiencing the loss of more than one person, and these deaths may be due to homicides, suicides, or natural causes, perhaps witnessed by the youth. A still-developing brain can contribute to the challenges youth experience when coping with the impact of grief. We re-grieve at every developmental stage, meaning the way we respond to grief over our lives may change as our brain development changes.
As stated, grief is often overlooked as a contributing factor to behavior. The U.S. Office of Juvenile Justice and Delinquency Prevention estimates that 424,300 juveniles were arrested in 2020, with a suggested recidivism rate of about 30% according to two studies. How many of those youth were grieving when they engaged in the behavior that resulted in an arrest? Some offenses which correlate with grief responses are assault, theft, and drug abuse violations. Research confirms that grief impacts the brain in ways that compromise the youth’s ability to make healthy and safe decisions. Grieving youth may engage in risky behaviors which can include drug and alcohol use. They withdraw socially and experience change in activity levels. Their concentration and productivity are affected. They are restless and often don’t sleep well. They often experience symptoms of depression, anxiety, and panic. Fundamentally, their decision-making capacity is affected as a result of grief.
Many grieving youth do not have support or resources to understand and manage their emotions, and as a result may engage in behaviors and make choices that lead to engagement with the juvenile justice system. Typical grief responses in youth—risk-taking and compromised cognitive processing primary among them—are exactly the behaviors that underlie many juvenile offenses. Their response to a loss may be the very thing that lands them in the juvenile justice system, perhaps more than once.
The Uplift Center for Grieving Children has been supporting the Philadelphia community with free grief services for over 20 years. The clinicians at Uplift, each of whom holds a master’s degree, work with youth who are housed at the Juvenile Justice Services Center. From June to October 2022, Uplift worked with 41 youths, approximately 22% of the youths housed in the JJSC, all of whom had experienced the death of someone significant to them. Uplift’s grief program at the PJSSC is an intentional and individualized program that creates a space for youth to make meaning of their grief experience and equip themselves with tools for coping with grief and other correlating mental health issues. The program focuses on exploring feelings, coping skills, honoring memories, and identifying supports. The youth do this through use of art therapy based activities as well as use of literature and exploratory writing. Youth who attend the program are provided a certificate of completion as a way of demonstrating their commitment to their journey of healing. Participation in mental health programs like Uplift’s peer grief support groups, may help reduce recidivism and help youth exit the criminal justice system earlier.
Outside of the juvenile justice system, Uplift provides peer-support for grieving youth throughout the city, partnering with the Philadelphia School District and community-based organizations, and offering services in its facility in East Falls. Uplift also operates the Philly HopeLine, connecting grieving youth with resources and support for navigating grief. On its website, Uplift provides resources for grieving youth, their families and caregivers.
At a time when our legal community is called upon to engage meaningfully in our civic discourse around crime prevention and minimizing recidivism, systemic collaboration between the justice system and the mental health system is integral in this work. The work of the clinicians at Uplift Center for Grieving Children is a key component of that conversation. To successfully rehabilitate youth involved in the juvenile justice system, we must also provide support for the grief in their lives. On this Children’s Grief Awareness Day, we invite our colleagues in the legal community to consider the effect of grief on youth and the meaningful impact that grief support services have for the affected youth and their families.
For more information, please visit www.upliftphilly.org.
Michelle Gonzalez is the senior bilingual clinician at Uplift Center for Grieving Children in Philadelphia. Samantha Anthony is a senior clinician at Uplift. Kristine Grady Derewicz is a shareholder at Littler Mendelson and an Uplift board member and Brian O. Sumner is an associate with German Gallagher & Murtagh and an Uplift young professionals board member.
Reprinted with permission from the November 17, 2022, edition of The Legal Intelligencer© 2022 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or reprints@alm.com.
GGM is pleased to announce its newest Litigation Associate Tamarrin J. Johnson
GGM is pleased to announce the addition of a new litigation associate, Tamarrin J. Johnson. At GGM Tamarrin will focus her practice on the defense of insured and self-insured entities in casualty and transportation matters. Before joining GGM, Tamarrin practiced in Philadelphia, Pennsylvania, concentrating on commercial and business litigation, including representing companies and entities in a broad range of civil matters in state and federal court.
Tamarrin graduated from the Villanova University Charles Widger School of Law. While in law school, she served as Associate Editor of the Villanova Environmental Law Journal and as Chief of Staff for the National Black Law Students Associations.
Andre J. Webb Achieves Directed Verdict on Behalf of Client
Defense Win!
On October 20, 2022, Andre J. Webb secured a directed verdict on behalf of his client after a one-week trial in the Philadelphia County Court of Common Pleas.
The trial involved a motor vehicle accident where liability was contested, and the plaintiff alleged injuries to the neck, back, shoulder, and knee. Following the completion of the plaintiff and defendants’ case in chief, Mr. Webb argued that there was insufficient evidence presented for a trier of fact to place any liability for the accident on his client. The judge agreed and granted the Motion For A Directed Verdict.
Jeffrey Laudenbach Presented at the ALFAI 2022 Annual Business Meeting
Jeffrey Laudenbach presented at the ALFAI 2022 Annual Business Meeting on October 20, 2022 in Dublin, Ireland. The presentation was entitled “MEMBER FIRM TIPS – THERE IS NO RULE AGAINST PERPETUITY, SUCCESSION PLANNING FOR TOMORROW WITHIN ALFAI”. The panel presented strategies and discussed the advantages of involving and investing in the future leaders of ALFAI and the return it will have for your firm. This presentation was followed by a roundtable discussion on methods you can share with other ALFAI members on how to better strengthen their bench. For more information, please reach out Mr. Laudenbach at laudenbachj@ggmfirm.com.
Andre J. Webb served as Program-Chair of ALFA International’s 2022 Future Leaders Forum Seminar
Andre J. Webb served as Program-Chair of ALFA International’s 2022 Future Leaders Forum Seminar held at the Omni Hotel in Louisville September 21-22nd. Entitled “A Peek Behind the Curtain: See the Future of Our Legal Practice,” the conference featured ALFA International member firm attorneys and clients from a wide range of companies and corporations speaking on many topics with a forward-focused lens, homing in on areas such as the future of litigation, the future lawyer’s toolbox, how to keep future lawsuits from spinning out of control and preparing a client for a 30(b)(6) deposition. For more information, please reach out to Mr. Webb at webba@ggmfirm.com.
Matthew McColgan will present at the ALFA International’s 2022 Future Leaders Forum Seminar
Matthew McColgan will present at the ALFA International’s 2022 Future Leaders Forum Seminar on Thursday, September 22, 2022. The presentation is entitled “The Future Lawyer’s Toolbox,” the program will look at how we, as a practice, have utilized the recent technological developments to achieve success in defending and advocating for our clients. The program will also explore what the future generation of practitioners should aim to master to support their position at trial as plaintiff and defense tactics advance and evolve. For more information, please reach out Mr. McColgan at mccolganm@ggmfirm.com.
Matthew McColgan and Francis Bovio Successfully Obtained the Dismissal of a National Transportation Client Following a Motion to Dismiss in the Philadelphia County Court of Common Pleas
Highlighting a recent trend in federal courthouses that have applied the principle, Matthew and Francis argued that duplicative claims of an employer-defendant’s negligent entrustment, supervision, and training (“NEST claims”) should not stand for trial when the employer-defendant has admitted in responsive pleadings that the employee-defendant was acting within the course and scope of employment at the time of the alleged negligent conduct. The Court’s holding precludes an employer-defendant from appearing on a verdict sheet, leaving only the alleged negligence of the employee-defendant to be assessed by a fact finder. This outcome continues the development of the defense in commercial vehicle accident cases in an effort to manage inflammatory jury verdicts and minimizing the company’s potential exposure to duplicate and redundant claims.
PA Supreme Court Rescinds Medical Malpractice Venue Restriction Effective January 1, 2023
On August 25, 2022, the Supreme Court of Pennsylvania, upon recommendation of the Civil Procedural Rules Committee, issued an Order amending the Pennsylvania Rules of Civil Procedure related to venue. Most significantly, the amendments remove the rule that required medical malpractice cases to be filed in a county where the cause of action arose. The Order also suspends the statutory venue provision in the MCARE Act. The committee’s Adoption Report contains a synopsis of its reasons for recommending an end to the venue limitation on medical malpractice cases.
Under the amended Rule 1006, an action against an individual may be brought “in a county where: (1) the individual may be served; (2) the cause of action arose; (3) a transaction or occurrence took place out of which the cause of action arose; (4) venue is authorized by law; or (5) the property or part of the property, which is the subject matter of the action, is located provided that equitable relief is sought with respect to the property.” As before, an action may be brought against all defendants in any county in which venue is proper as to any one defendant; the exception for medical malpractice cases was removed. The prior restriction for medical malpractice cases was similarly removed from the venue rules pertaining to partnerships (Rule 2130), unincorporated associations (Rule 2156), and corporations (Rule 2179).
The amended Rule 1006 maintains the provisions for transferring venue for the convenience of the parties and witnesses (Rule 1006(d)), and the requirement to raise improper venue by preliminary objection (Rule 1006(e)). New subsection (g) of the amended rule requires the Civil Procedural Rules Committee to reexamine the amendments two years after the effective date.
The amendments take effect January 1, 2023. A copy of the Order, amendments, and committee’s report can be found here. In light of the new rules, healthcare defendants should evaluate all complaints filed on or after January 1, 2023 to determine if venue should be challenged through preliminary objections and/or a motion to dismiss based on forum non conveniens.
Defense Verdict for Radiologist
On August 22, 2022, Jacqueline Schneiders and Jack Shusted obtained a defense verdict on behalf of their client, a radiologist, after a four-day trial in the Court of Common Pleas of Montgomery County in Norristown, Pennsylvania.
Plaintiff claimed that the radiologist failed to identify a fibula fracture on an x-ray and to recommend further imaging studies. Several weeks later, Plaintiff was found to have a displaced, comminuted fibula fracture. Post-surgery healing was delayed for several years due to nonunion.
Mrs. Schneiders and Mr. Shusted showed the jury how the radiologist met the standard of care in reading and reporting on the x-ray, and that there was no causal connection to the subsequent displaced fracture.
