Our litigators aggressively defend our clients:
David became one of the first attorneys in the country to successfully defend against the Trump administration’s latest crackdown on H-1B visas. Earlier this summer, U.S. Citizenship and Immigration Services issued a wave of “requests for additional evidence” to entry-level computer programmers seeking H-1B visas. These requests strongly suggested that USCIS was taking a new position that entry-level computer programmers aren’t eligible for H-1B visas. David represented an employer seeking to hire an entry-level computer programmer who had received one of these requests for additional evidence. David successfully convinced USCIS that it had overstepped its bounds and didn’t have the legal authority to deny H-1B visas for entry-level computer programmers.
When a fired physician sued a Barley Snyder client for $2 million in damages alleging age discrimination, David successfully convinced the federal trial court to throw the claim out before trial.
Mike won a jury trial in Cumberland County for a local radiology group. A former radiologist sued the group for breach of contract and defamation. After three days of testimony, the trial judge dismissed the defamation claim. The jury then decided the radiology group did not breach the employment contract.
Jennifer Craighead Carey
Jennifer significantly limited the damages of a plaintiff against her client in an employment discrimination case when she won a partial summary judgement. The decision came after the judge found the plaintiff had committed bankruptcy fraud.
Our medical malpractice team, under the leadership of Lauralee Baker, won a more than week-long malpractice trial in Lancaster County. The suit was brought against an addiction specialist who was allegedly responsible for the overdose and death of a 19-year-old receiving methadone treatment. The case involved testimony from experts in addiction medicine, pathology, life expectancy and economics. After several hours of deliberation, the jury found the physician was not negligent nor the cause of the death.
Paul Minnich, Jeff Lobach, & Justin Tomevi
This team represented a nonprofit regional healthcare system in pursuing a real estate tax exemption for one of its hospitals. The local school district challenged the exemption on the basis that the healthcare system did not meet the statutory requirements for a charitable real estate tax exemption under Pennsylvania law. In response, Paul, Jeff, and Justin cited the extensive charitable care provided by the healthcare system as well as its compliance with the highly complex statutory requirements for a charitable exemption. After a two day trial, the York County Court of Common Pleas granted a full exemption for the property and confirmed the system’s positive contributions to community health. The school district has appealed the decision to the Pennsylvania Commonwealth Court. The decision resulted in millions of dollars of tax savings.
Matthew's real estate investor client had numerous properties within a townhome community with a homeowners association. The association suspended Matthew’s client’s voting rights for failing to pay assessments owed by the previous owner. After an injunction hearing and contempt hearing, the court found the association had violated the Pennsylvania Uniform Planned Communities Act in numerous respects, acted in bad faith by suspending voting rights and then violated a court order restoring those voting rights. In a separate but related case, Matthew won a summary judgment for the investor striking down an attempted declaration amendment that limited the amount of homes one person or business could own and finding that the association had no power to suspend the investor’s voting rights.
Paul Minnich & Justin Tomevi
Paul Minnich and Justin Tomevi represented a professional services partnership and real estate partnership in a shareholder departure dispute. The departing shareholder filed an emergency petition for a special relief in the York County Court of Common Pleas, seeking a preliminary injunction related to the financial affairs of the partnerships. Paul and Justin filed preliminary objections, citing several provisions of the shareholder’s agreements that were contradictory to the departing shareholder’s claims. After a hearing on the preliminary objections, the court dismissed the petition seeking a preliminary injunction.
Justin represented a commercial real estate developer in an appeal involving its attempt to construct private college housing. The commercial real estate developer has obtained final approval of its land development plan, only to see the municipality change the zoning ordinance and join in an appeal of neighboring landowners against the development of the project. After successfully appealing an adverse initial trial court decision to the Commonwealth Court, Justin persuaded the trial court to allow the development to be constructed with minor changes. Based on the evidence presented to the court, the judge also ruled that the municipality acted in bad faith. The neighboring landowners and municipality appealed the trial court’s decision to the Commonwealth Court. After Justin argued before the appellate panel, the decision of the trial court was affirmed.
Justin also represented the beneficiaries of a trust for the collection of an inter-family undocumented loan in the Adams County Court of Common Pleas. Justin navigated a complex set of facts and evidentiary issues, including that the initial balance of the loan having been incurred 30 years before and that the only surviving party to the loan with capacity was the debtor himself. The debtor argued that the loan was a gift, instead of a loan. The debtor also filed a cross claim against his ex-wife, who was one of the beneficiaries of the trust, claiming that she was responsible for any loan balance. After a trial, the judge confirmed the existence of the loan and awarded Justin’s client a $72,500 judgment. The judge also dismissed the cross claim against the ex-wife beneficiary, finding that she was not liable under the loan.
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