News

Joseph Fowler, Gregory Hirtzel, and Andrew Spaulding have each been recognized in the 2026 edition of The Best Lawyers in America®. Inclusion in Best Lawyers is based on peer recognition and is held as an industry standard for measuring legal integrity and excellence in practice. Less than 5% of lawyers in the United States are… Read More ❯

Quinn M. McCusker of the New Jersey office of Fowler, Hirtzel, McNulty & Spaulding secured an Appellate Division decision confirming the trial court’s Order granting Summary Judgment on behalf of the firm’s client, a subcontractor and the injured Plaintiff’s employer. The Plaintiff sustained significant injuries on a work site after falling into an open hatch…. Read More ❯

On February 26, 2025, Joe Fowler and Sam Garson obtained a defense verdict in a commercial auto accident case after a six-day trial in the matter of Fleurelus v. Howard, et al. in the Philadelphia County Court of Common Pleas. Attorneys Fowler and Garson represented Silvi Concrete of Philadelphia and its driver, Chrisian Howard. Plaintiff,… Read More ❯

Benjamin Novak successfully defended the firm’s client, a municipality, in a 5-day jury trial, culminating with a defense verdict. Plaintiffs in that case alleged that the municipality failed to prevent sinkholes from developing close to their properties. Plaintiffs also claimed that the municipality engaged in construction activities that caused repeated flooding in their properties. More… Read More ❯

Alison Fleming and Matthew Vodzak obtained a compulsory nonsuit at trial in a construction accident case. The plaintiff sued FHMS’s clients after he sustained an ankle injury from a trip and fall in a stairwell of a construction site. Plaintiff’s demand to settle was $900,000. Fleming and Vodzak defended the owner, construction manager, and a… Read More ❯

Damian Taranto secured an Order granting summary judgment on behalf of multiple defendants, property owner and leasee, in an alleged slip-and-fall incident in Lehigh County. Plaintiff’s Complaint alleged that she was a business invitee and was injured as a result of improper and/or untimely snow and ice removal services at the business location.   As… Read More ❯

Lee Eckell obtained a dismissal on behalf of a large residential homebuilder in a construction accident case in Essex County, NJ.  Plaintiff, an employee of a subcontractor’s vendor, tripped and fell while delivering drywall to a home under construction.  Plaintiff alleged a significant knee injury as a result of the fall.  Plaintiff sued Eckell’s client, the developer of… Read More ❯

Damian Taranto and Matt Vodzak were retained to represent a corporate defendant in a wrongful death action filed in Philadelphia County. Attorneys Taranto and Vodzak filed venue preliminary objections arguing that all of the corporate defendants and the property owner were all located and solely conducted business outside of Philadelphia. Further, they argued that puffery… Read More ❯

Please join us for a complimentary webinar on Thursday, October 17, 2024 from 12:30 PM – 1:30 PM Eastern Time on When Will the Cars Drive Us? AI, Automation, and the Transportation Landscape. The webinar is part of the monthly lunch and learn series from The Gavel Nationwide Claims Defense Network. This one hour webinar… Read More ❯

Joseph Fowler, joined by Liz Loperfido and Gracemarie Mende, presented at the Claims and Litigation Management Alliance (CLM) Spotlight: Transportation seminar. His panel, Immediate Response and Accident Investigation: Why it Matters, addressed post-accident procedures and how post-accident investigations can preserve critical information, avoid spoilation, and put a company in a favorable position to have an… Read More ❯

Ben Novak of the Lancaster office for FHMS Law recently won summary judgment for the firm’s client, a municipal water authority, in a construction dispute involving claims of unforeseen conditions and project delays. The plaintiff, a municipal utility contractor, installed a water main in the municipality, but claimed to have encountered unforeseen conditions, which allegedly… Read More ❯

Restaurant franchise obtains $700 net verdict in difficult liability case where Plaintiff’s future care expert estimated Plaintiff’s future medical expenses could exceed $285,000. Attorneys Gregory Hirtzel & Benjamin Novak   Plaintiff sustained a non, or minimally, displaced fracture to her left elbow and soft tissue injuries when she fell in the lobby of the Defendant… Read More ❯

Lee Eckell and Megan Gallagher secured an Order for Summary Judgment on behalf of their client, a general contractor, in a case in which the Plaintiff, an employee of a subcontractor, injured himself on a work site with a chain saw. The motion for summary judgment argued that the subcontractor was required under the terms… Read More ❯

Andrew Spaulding and Alison Fleming recently obtained summary judgment in a products liability matter. Plaintiff claimed that she was struck with pieces of an automotive battery powering a vegetable lift that exploded while she was working in a food plant. Following the incident, the battery was discarded. Plaintiff not only failed to preserve the battery… Read More ❯

Congratulations to our FHMS attorneys who were named 2022 Pennsylvania Super Lawyers and Rising Stars: Joseph Fowler – Super Lawyer Gregory Hirtzel – Super Lawyer Joseph McNulty – Super Lawyer Andrew Spaulding – Super Lawyer Francis X. Simpson – Super Lawyer Dennis Chow – Rising Star Alison Fleming – Rising Star Zachary Fowler – Rising Star Benjamin Novak – Rising Star Matthew Vodzak – Rising Star Super… Read More ❯

FHMS is excited to announce that Temple Law students, Daisy Mase and Arjun Nair will be joining the third year of our firm’s clerkship program. FHMS’ summer clerk program is led by Partner, Alison Fleming, to give future lawyers the opportunity to experience every aspect of litigation. Under supervision of our attorneys, the law clerks… Read More ❯

Jury returns net verdict of $8,670 in case of clear liability where plaintiff was alleging cervical disc herniation and Boarded $31,000. Greg Hirtzel, with the assistance of Ben Novak, recently had a jury in West Chester, Pa., return a verdict in the gross amount of $10,200 reduced by the assessed comparative negligence of the wife… Read More ❯

By: Joseph R. Fowler and Matthew D. Vodzak The Supreme Court of the United States shows interest in a case about preemption of state tort lawsuits against freight brokers. FHMS Partners, Joseph Fowler and Matthew Vodzak, discuss the case in their recent article. Click here for the full article. 

In the matter of Eisenhower v. Pottsgrove School District, et al., Plaintiff student alleged injuries to her surgically repaired foot when she jumped off the back of the school bus during a required school bus evacuation drill run by an independent third party bus company.  FHMS filed Preliminary Objections on behalf of the District arguing… Read More ❯

Partners, Andrew J. Spaulding and Matthew D. Vodzak, provide a brief overview of the federal government’s recently announced plan to direct the Occupational Safety and Health Administration issue an Emergency Temporary Standard for all employers with 100 or more employees to require vaccines or negative COVID-19 test. Click here to read the full article.

Partner, Joseph Fowler, was nominated and recognized for his professional excellence in the 28th Edition of The Best Lawyers in America for his work in personal injury defense litigation. The Best Lawyers in America highlights the top 6% of private practicing attorneys in the U.S. and is based on more than 8 million evaluations and… Read More ❯

FHMS Partner, Joseph Fowler, joined Michelle Leighton, David Cades, Daniel Deitch and John Messersmith for the annual Claims and Litigation Management Alliance (CLM) Conference in Atlanta to present the human factors edge in reviewing videos in liability cases. The panel addressed post-accident investigations, how to protect and preserve evidence and response times. For more information… Read More ❯

Congratulations to our attorneys who were named 2021 Pennsylvania Super Lawyers and Rising Stars: Joseph Fowler – Super Lawyer Gregory Hirtzel – Super Lawyer  Joseph McNulty – Super Lawyer Andrew Spaulding – Super Lawyer  Jeremy Abidiwan-Lupo – Rising Star  Dennis Chow – Rising Star  FHMS attorneys have been recognized as Super Lawyers and Rising Stars… Read More ❯

Matthew Vodzak was recently appointed as Co-Chair of the Amicus Committee of the Philadelphia Association of Defense Counsel (PADC). PADC is a nonprofit association of approximately 300 lawyers from the five-county Philadelphia area. Organized in 1947, PADC is the oldest continuously operating local defense organization in the United States. PADC protects and advances the interests… Read More ❯

FHMS partner Gregory Hirtzel and associate Benjamin Novak‘s article, A Case for Why the First Manifestation Rule Should be Applied in Construction Defect Cases, was recently selected for publication on The Gavel. The Gavel is a National claims defense network that provides verdicts, news, and resources for claims and risk professionals. Click here to read… Read More ❯

By: Matthew D. Vodzak and Maximillian A. Santiago, Jr. In reference to the matter of Bogdan v. American Legion Post 153, the Pennsylvania Superior Court allowed appellate review of insurer intervention to determine indemnity. The Superior Court has given clarification on the range of an insurer’s responsibility to indemnify when a lawsuit against an insured… Read More ❯

By: Gregory Hirtzel, Frances Lettieri, and Benjamin Novak FHMS attorneys Gregory Hirtzel, Frances Lettieri, and Benjamin Novak recently secured a dismissal in a federal case involving an alleged breach of insurance contract. The decision reinforces the rule that coverage under a liability insurance policy is not triggered unless there is a claim by a third… Read More ❯

By: Gregory S. Hirtzel and Benjamin P. Novak The first manifestation rule is straightforward to apply, derived from policy language, and consistent with the notion that insurance exists to cover fortuitous losses. Recently, however, there has been a push in Pennsylvania to replace the first manifestation rule with the “continuous” or “triple” trigger rule in construction… Read More ❯

FHMS Partner Joseph Fowler was chosen to lead the Transportation Group of The Gavel, a national claims defense network. The group consists of vetted attorneys throughout the country who have significant experience defending transportation cases. Under his leadership, the Transportation Group plans to be a collaborative resource for advancing the defense of these cases across… Read More ❯

FHMS partners Lee Eckell and Andrew Spaulding presented a webinar on the basics of premises liability law in Pennsylvania and New Jersey. The webinar provided attorneys and insurance industry claims handlers with basic knowledge on how to defend premises liability claims. Mr. Eckell and Mr. Spaulding used real case examples to discuss topics such as… Read More ❯

Last month, FHMS partners Frances Lettieri, Dennis Chow, and Allan Molotsky presented two webinars to insurance professionals. The first webinar was given on December 15, 2020. Ms. Lettieri, Mr. Chow, and Mr. Molotsky presented the latest case law updates and discussed coverage litigation trends. On December 16, 2020, Ms. Lettieri, Mr. Chow, and Mr. Molotsky… Read More ❯

FHMS partners Frances Lettieri and Dennis Chow presented a webinar to insurance professionals reviewing Director and Officer’s coverage for condominium and homeowners associations.  This presentation was designed as a training program to provide an overview for the handling of such claims.

By: Matthew Vodzak The Pennsylvania Supreme Court will decide whether Pennsylvania’s long arm personal jurisdiction statute is constitutional. That statute permits Pennsylvania to exercise general personal jurisdiction over foreign companies that are registered to do business in Pennsylvania. FHMS Partner Matt Vodzak provides insight on how the Pennsylvania Supreme Court might rule. Click here to… Read More ❯

On Tuesday, December 8th, FHMS Partner Joseph Fowler presented a 2-hour webinar to Lancer Insurance Company. Mr. Fowler was joined in presenting the webinar by David Farina, Esq. of Cray and Huber of Chicago, Il. Mr. Fowler and Mr. Farina discussed how to effectively use biomechanics experts to defend cases, how to document and preserve… Read More ❯

On Friday, December 4th, FHMS Partner Joseph Fowler participated in a live webinar presentation to commercial vehicle insurance company, Carolina Casualty. Fowler was joined by six other members of the Gavel Network. The CLE-accredited webinar featured three sessions and ended with a trucking potpourri. Fowler, alongside Michael Hostetter of Nall & Miller, led the first… Read More ❯

On Thursday, December 3rd, Gregory Hirtzel, Dennis Chow, and Benjamin Novak presented a lunchtime webinar on some of Pennsylvania’s most recent court decisions regarding auto case law and UM/UIM coverage. The topics discussed included coverage election forms, UM and UIM coverage exclusions, whether the admissibility of future medical bills are subject to the MVFRL’s cost… Read More ❯

On Thursday, November 19th, partners Gregory Hirtzel and Frances Lettieri presented a webinar on Reservation of Rights. Hirtzel, a seasoned litigator in all manner of high exposure casualty claims whose practice crosses over into risk transfer and insurance coverage matters and Lettieri, a partner in the firm’s Insurance Coverage and Bad Faith practice, provided a… Read More ❯

FHMS Partner Joseph Fowler will participate in a live webinar presentation to Northfield and Northland insurance companies on Wednesday, October 28. The webinar will include six attorneys from the Gavel Network. In addition to Fowler, John Messersmith (Kalbaugh Pfund & Messersmith), Daniel Santaniello (Luks Santaniello Petrillo & Cohen), Derrick Dewitt (Dewitt Paruolo & Meek), Michael… Read More ❯

Joseph Fowler and Damian Taranto of FHMS, along with Justin P. Schorr, Ph.D., Lt. Col. Bryan J. Smith, P.E., and Robert Kinder, Jr. of DJS Associates, recently presented a webinar on catastrophic incidents. The three-hour webinar educated attendees on how to avoid, prepare for, and react to these incidents. The speakers used data, collection technology,… Read More ❯

On July 24, 2020, the Supreme Court of Pennsylvania decided a matter of first impression: whether an otherwise eligible claimant seeking unemployment benefits is “self-employed” and therefore ineligible for those benefits while working as an Uber driver. The Court’s opinion analyzed the appropriate test for determining self-employment under the Pennsylvania Unemployment Compensation Law (“Act”)[1] and… Read More ❯

FHMS attorneys Greg Hirtzel and Cody Kauffman secured summary judgment in favor of their clients in a case that turned on whether a school board and school district violated the plaintiffs’ First Amendment rights to freedom of speech and association. This was the first opinion of its kind issued by Judge Jennifer P. Wilson of… Read More ❯

In October 2019, Joe Fowler and Jacqui Campbell obtained a defense verdict after eight days of trial in Griffin v. Advanced Disposal Services, a Philadelphia County case with contested liability and catastrophic injuries. The plaintiffs filed a Motion for Post-Trial Relief claiming 20 different errors warranted a new trial. Among other things, the plaintiffs’ challenged… Read More ❯

Matthew Vodzak and Bryan Schwartz of Odell Studner Group, LLC presented a lunchtime webinar on COVID-19 and liability waivers. The presentation provided an overview of Pennsylvania and New Jersey law regarding pre-injury liability waivers and how courts might evaluate them. The use of pre-injury liability waivers is an emerging trend in light of the potential… Read More ❯

Congratulations to our FHMS attorneys who were named 2020 Pennsylvania Super Lawyers and Rising Stars: Joseph Fowler – Super Lawyer – Personal Injury Gregory Hirtzel – Super Lawyer – Transportation Joseph McNulty – Super Lawyer – Civil Litigation Defense Andrew Spaulding – Super Lawyer – Construction Litigation Dennis Chow – Rising Star – Insurance Coverage… Read More ❯

Joseph R. Fowler presented a webinar with NSM Insurance Group and leaders in the school bus industry. The webinar discussed ways in which school bus operators have been affected by the pandemic and how to proactively plan for a post-COVID landscape. The topics included navigating COVID-19, negotiating with school districts, potential claims and issues to… Read More ❯

Please join Ashley R. Lynam, co-Chair of the firm’s Sexual Misconduct Liability Practice Group, for a presentation on July 13, 2020 at 12:00pm ET titled, “Making History & Moving Forward: What Bostock Means for You, Your Company & Inclusiveness in the Workplace,” where she will discuss the monumental Supreme Court decision which ensured Title VII… Read More ❯

Matthew Vodzak recently filed an amicus curiae brief in the Pennsylvania Supreme Court on behalf of the Philadelphia Association of Defense Counsel. PADC is a nonprofit association of approximately 300 lawyers from the five-county Philadelphia area. PADC protects and advances the interests of civil defendants and their counsel, shares knowledge within the defense trial bar,… Read More ❯

April 30, 2020 On Friday, April 24, 2020, a divided Pennsylvania Superior Court panel decided Selective Way Ins. Co. v. MAK Services, Inc. 2020 PA Super 103. This case has important implications for insurance carriers who issue, and defend insureds subject to, reservations of rights. Partners, Allan C. Molotsky, Frances A. Lettieri, Dennis Chow, and… Read More ❯

Fowler Hirtzel McNulty and Spaulding have been closely monitoring the evolving COVID-19 pandemic and the various orders and guidance issued by our local, state and federal government. In accordance with the “stay-at-home” order, many businesses are closed, however, the life sustaining businesses remain open. We anticipate that there may be employees or consumers who will… Read More ❯

On April 15, 2020, the COVID-19 Insurance Relief Act, Senate Bill 1114 was introduced in the Pennsylvania Senate. Senate Bill 1114 is the Pennsylvania’s first legislative attempt to respond to property and business interruption claims arising out of the COVID-19 pandemic. SB 1114 would require insurance policies covering property damage, including business interruption insurance, to… Read More ❯