Joseph F. McNulty (Retired)
Contact Info
P: 484.408.0301
F: 484.550.7992
E: jmcnulty@fhmslaw.com
Allentown Office
4949 Liberty Lane, Suite 330
Allentown, Pa. 18106.
Education
- Dickinson School of Law (J.D., Cum Laude, 1981)
- St. Joseph’s College (B.A. in Politics, Cum Laude, 1978)
Bar Memberships
- Pennsylvania, 1981
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals, Third Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the Western District of Pennsylvania
Affiliations
- Lehigh County Bar Association
- Northampton County Bar Association
- Pennsylvania Bar Association
- Lehigh County Inn of Court
- International Association of Arson Investigators
Clerkships
- President Judge Lee F. Swope, Court of Common Pleas, Dauphin County, Pennsylvania
- Judge J. Sydney Hoffman Pennsylvania Superior Court
Speaking Engagements
- Homeowner’s Fraud –The Sequel
- 2011 Pennsylvania Insurance Fraud Conference, April 25, 2011, Hershey, PA
- Homeowner’s Fraud – Homeowners Application and Claim Fraud Strategies
- 2010 Pennsylvania Insurance Fraud Conference, April 20, 2010, Gettysburg, PA
- Fraud Begins at Home
- 12th Annual Seminar of the Delaware Valley Chapter of the International Association of Special Investigation Units (DelVal IASIU), Horsham, PA (May 18, 2006)
- Fighting Fraud in the Face of Bad Faith
- 11th Annual Delaware Valley IASIU Seminar, Horsham, PA (May 19, 2005)
- Fighting Fraud in the Face of Bad Faith
- National IASIU Conference, Pittsburgh, PA (September 14, 2004)
- Light My Fire: The 5 ‘Ws’ of Arson Investigation
- Delaware Valley Regional IASIU (May 13, 2004)
Community Activities
- Youth Soccer Coach
- Youth Basketball Coach
Joseph F. McNulty is a founding partner and managing partner of the firm’s Allentown Office. He has practiced exclusively in the area of casualty defense litigation for more than 30 years and has handled all aspects of product, property, general liability and motor vehicle cases. Mr. McNulty has developed an area of knowledge in the investigation and defense of cases involving fire. He has lectured statewide on issues of fire investigation and spoliation. Mr. McNulty successfully defended in a civil jury trial the electrician accused of having caused a multi-million dollar fire at the West Shore Farmer’s Market in Harrisburg and has been involved in the investigation and/or litigation of countless fire losses, both catastrophic and lesser. He is frequently retained in the early stages of fire claims to assist in the investigation and development of the claim, including the investigation of potential arson. Similarly, he has been called upon to assist in the investigation of non-fire related fraudulent claims and has lectured at both national and local Special Investigative Unit training seminars.
Mr. McNulty has been called upon to investigate and/or defend trucking and motor vehicle losses involving catastrophic injuries and fatalities.
Mr. McNulty represents a number of municipalities and school districts as well as their employees involving issues ranging from casualty defense claims to civil rights violations. He has served as counsel to retail owners in defense of accidents, false arrest, and other premises-related issues for shopping malls and other properties. He has served as local counsel in products liability cases involving firearms as well as counsel to manufacturers of electrical appliances, durable medical products and other products.
Beyond the Lehigh Valley area, Mr. McNulty routinely handles matters in the Scranton/Wilkes-Barre area and the surrounding counties of Northeastern Pennsylvania. Mr. McNulty has been consistently awarded the AV or highest rating in Martindale-Hubbell Peer Review Ratings.
- Represented a Fortune 100 Defense Contractor arising out of the murder of an employee by an independent security guard, who also committed suicide on the company premises. Assisted in the pre-litigation investigation and then handled the defense of the subsequent litigation in the Federal Court in Northeastern Pennsylvania. Following more than 30 depositions, obtained Summary Judgment against Plaintiff/victim at the Trial court level. On appeal, the Third Circuit entered judgment on behalf of the employer and against the Security Company on the contractual indemnification issue resulting in the entire counsel fees and costs being borne by the Security Company.
- Represented a local Lehigh Valley water amusement park in litigation involving an attorney/Plaintiff who sustained a significant knee injury on a purportedly defective water trampoline. Immediately following Plaintiff’s deposition, where the issue of his knowledge and understanding of the release and waiver that he had signed was explored in depth, Plaintiff dropped his $300,000 demand to the park and entered into a joint tortfeasor settlement for $2,500 and continued his action solely against the manufacturer.
- In a 2013 trip and fall trial defending a local Allentown hotel, saved a motion to preclude Plaintiff’s liability expert until the second day of trial while the expert was on the stand. Was able to show that the expert had the incorrect location of the fall and other inaccuracies and was able to preclude the witness from testifying and plaintiff from meeting her burden.
- Retained on the day of the accident to lead the investigation into a pedestrian fatality in Northampton County. Obtained expert review, located witnesses and scheduled and completed a successful mediation with Plaintiff counsel representing the surviving widow who had witnessed the accident within two months of the day of the accident.
- Retained immediately following the loss by oxygen concentrator manufacturer to lead the investigation into a house fire in western Pennsylvania purportedly caused by the product. Examined the product and fire scene with cause and origin and mechanical experts to examine the location and product along with Plaintiff’s subrogation counsel and his experts. Convinced opposing counsel to take the product to an independent product expert who promptly examined the product in the presence of both counsel and determined it to have been a victim of the fire, not a cause of the fire. No subrogation was pursued.
- Retained immediately by carrier for electrician to lead the investigation into a fire in central Pennsylvania. Prompt and thorough investigation by counsel and cause and origin and electrical experts revealed that the scene had been changed significantly from the time of the fire to the time of the inspection just days later. The failure to identify and preserve all of the relevant evidence was set forth in detail and no subrogation was pursued because of the spoliation.
- Represented a high school teacher in the Lehigh Valley who was accused of violently pulling a student from his seat in the classroom, allegedly causing significant knee injury. Deposed dozens of students with wildly disparate recollections of what occurred. Tried to a defense verdict following a week of testimony.
- Jury trial in York County involving 3 consolidated cases as a result of a fire destroying multiple show horses, the stable and entire riding facility. The fire, purportedly started as a result of spontaneous combustion of our clients’ hay, was the subject of extensive testimony among multiple fire and origin experts. Multiple horse valuations also testified as well. Defense verdict was returned for the hay farmer.