When a matter in litigation proceeds to appeal, binding legal precedent may be set, affecting the client’s interest not only in that matter but in similar litigation for years to come.  Members of the BODELL BOVE LLC appellate practice group have an enviable record of success in persuading State and Federal appellate courts to rule in favor of our clients and have guided those courts in reaching precedent-setting decisions.

With decades of appellate experience among our attorneys, we have successfully briefed and argued appeals in cases across the legal spectrum, including important issues of product liability, professional liability, motor vehicle law, construction defects, and premises liability, including appeals involving:

• Dram shop and social host liability claims;
• Presumption of due care;
• The entitlement of a worker’s compensation subrogation lien holder to recovery from the proceeds of a tort settlement;
• Charitable Immunity;
• Product liability defenses when plaintiff abused or misused the product;
• An individual’s liability for wrongfully initiating legal proceedings;
• An employer’s liability for the unauthorized acts of its employees; and
• A financial institution’s right to pursue assets when seeking recovery on a judgment.

We routinely provide counseling to clients that only experienced appellate advocates can offer, such as:

• A fresh analysis of the case from the viewpoint of the appellate court – not that of the trial lawyer and trial court;
• A critical analysis as to whether to undertake an appeal, including realistic estimates of cost and chances of success;
• Compliance with often confusing procedural matters such as appellate bonds;
• Professionally crafted and persuasive briefs demonstrating mastery of both facts and applicable legal issues; and
• Skillful and persuasive oral arguments.

The BODELL BOVE LLC employment practice represents corporations, financial institutions, public entities and individuals in every type of employment lawsuit, including claims for sexual harassment, age discrimination, race discrimination, sex discrimination, disability discrimination, religious discrimination, “whistleblower” claims, defamation, and other civil rights claims arising from the employer-employee relationship. In addition to litigating those claims in the federal and state courts of Pennsylvania and New Jersey and before the Equal Employment Opportunity Commission, Pennsylvania Human Relations Commission, and Philadelphia Commission on Human Relations, we regularly counsel employers with respect to compliance with federal and state employment regulations.

The BODELL BOVE LLC tort defense practice is among the most highly regarded in the region. Our commitment to providing superior legal representation in a cost-effective manner is the primary reason we have one of the fastest growing defense practices in Pennsylvania, New Jersey, and Delaware. We handle a broad spectrum of cases, including those involving premises liability, claims against homeowners and commercial and public entities, vehicular accident claims, and intentional torts such as trespass, assault and battery, defamation, and other large exposure matters.

We have successfully defended a variety of bodily injury and emotional distress actions, including claims for libel, slander and malicious prosecution, on behalf of both individuals and businesses.

The diverse nature of our practice requires that we tailor the scope of our representation to the specific nature and complexity of each case. We make the utmost effort to evaluate the potential exposure as early as possible and to formulate a strategy appropriate to achieving the best possible result. We strive whenever possible to extract clients from litigation by early motion practice, including preliminary objections, demurrer, and summary judgment. We advocate early settlement, including alternative dispute resolution, where appropriate. However, when necessary, we try cases to verdict with an impressive record of success, including at the appellate level.

BODELL BOVE LLC has represented medical device manufacturers, pharmaceutical companies, and contractors in mass tort cases and product liability actions involving claims for personal injury, wrongful death, and property damage. Many of the cases we handle involve dozens, hundreds, and even thousands of claimants. We are involved in many single plaintiff/single defendant cases as well.

The central allegation in these cases is that the plaintiff (or deceased relative) was exposed to a toxic chemical agent or an allegedly defective product which resulted in the development of serious injuries, death, or extensive property damage. The most frequent types of injuries are cardiopulmonary disorder, orthopedic and/or neurological impairment, or other irritant-induced injury. The source of the exposure can be a work site, a consumer product, a medical product, a landfill, a manufacturing facility, or a general environmental release. The chemical products include various solvents, and the medical products include surgical devices.

Our understanding of the science and medicine on which these cases turn enables us to organize a comprehensive defense and to communicate effectively with clients. We have been successful at resolving many of these cases at an early stage through motion practice. We pay particular attention to, and have extensive experience in, exposing and excluding proposed “junk science” and expert opinion. We have also developed expertise in the field of indoor air quality and “sick building” syndrome.

Members of the firm have served as coordinating counsel and Multi-District Litigation (MDL) counsel in these matters, and we have also developed and maintain relationships with leading national experts including forensic toxicologists, oncologists, immunologists, and industrial hygienists.

The BODELL BOVE LLC product liability practitioners take seriously our responsibility to the manufacturers and distributors we represent. We take pride in the close working relationships we have developed with the corporate attorneys and risk managers of our clients. We are sensitive to the need to tailor the scope of our services to the size and complexity of the particular litigation, and encourage clients to work with us at the inception of the case to formulate a budget for each different phase of the litigation. We undertake an extensive evaluation of our client’s potential liability as early as possible, and we have a proven ability to extract our clients from litigation by summary judgment or other pre-trial motions.

Our product liability practice is diverse. We have extensive experience with cases involving medical devices and pharmaceuticals, and have served as regional coordinating counsel and Multi-District Litigation (MDL) counsel for manufacturers of products who have litigated on a national scale. We had a major role in the pedicle screw, fen-phen, PPA, and ephedra litigations, and represent clients who manufacture a wide variety of medical products. We have an impressive record of success in defending cases at trial, as well as reaching resolutions of matters prior to trial through motion practice or settlements.

In order to keep abreast of the rapidly evolving trends in product liability law, our attorneys take advantage of the continuing education offered by such organizations as the Defense Research Institute, Pennsylvania Defense Institute, and Philadelphia Association of Defense Counsel. Our attorneys have also shared their trial skills and knowledge of product liability law with our clients, their staff attorneys and risk managers, as well as other defense attorneys around the country, by teaching at seminars and numerous national organizations, including the National Judicial College.

From the outset of the explosive growth of legal malpractice claims in Pennsylvania, BODELL BOVE LLC has been on the forefront of the defense of attorneys, from pre-litigation strategy and negotiation through trial. Whether it is extricating counsel from a tangled and complex SEC investigation and related lawsuits, or vacating a judgment due to the indictment of the trial judge, our counsel have successfully defended some of the most high profile legal malpractice cases in the Commonwealth. Our attorneys were principally involved in the pivotal Pennsylvania appellate court rulings establishing the scope and extent of the statute of limitations defense in legal malpractice actions. We have litigated every aspect of the legal malpractice case, from the scope of the attorney-client relationship, privity and agency; the gamut of issues that arise in defending the “case within a case”; to defeating plaintiffs’ damages claims. We have consulted and advised on complex insurance coverage issues arising from legal malpractice claims as well.

The BODELL BOVE LLC retail, restaurant & hospitality practitioners work with small local businesses, regional chains, international companies and their insurance carriers to handle every type of matter that impacts the retail, restaurant and hospitality industry. We have extensive experience representing companies in matters involving customer injuries, wrongful death, trucking accidents, pharmacy claims, food-borne illness claims, Dram Shop/alcohol claims and security related issues.

Our retail, restaurant & hospitality attorneys also partner with clients to provide counseling and training outside of litigation.  We often assist with investigations immediately after an incident occurs, a service that leads to resolution of claims before suit. This practice likewise promotes more efficient and effective file handling of those claims that ultimately result in litigation, as our attorneys are already fully versed in the relevant facts and legal principles.  Our training sessions assist in-house counsel with policy development and improve the claim administration skills of every level of claims professional.

We also represent clients at administrative hearings in forums such as the Department of Public Health and the Department of Consumer Services, and work with store and property management to ensure compliance with codes, regulations and ordinances.