- Wrongful Death
- FraudThroughout our twenty five year history of litigating construction defect cases, our team has successfully represented clients involving claims of negligent design, engineering, and construction in matters ranging from individual residential units to large scale community and commercial developments and class actions. We are frequently called on to represent our clients because of our years of experience with the appropriate BOCA, IBC, IRC and NAHB standards, the NFPA installation and maintenance codes and NORA guidelines, along with our successful representation of clients faced with claims under the Consumer Fraud Act and the Unfair Trade Practices and Consumer Protection Law.
- Assault
- Corporate LawThe firm’s bankruptcy practice includes complex corporate governance litigations in which our team represents parties accused of breach of fiduciary duties. We represent outside advisors for capital restructuring, independent board members, and even affiliated business entities in cases that often involve stacked issues of the scope of duty and threshold events that may trigger expanding constituencies. We have achieved early success when the facts support our position and resolve cases for fair values and controlled expenses where the risks mandate settlement.
- Employment DiscriminationWe handle matters involving sexual harassment, sexual orientation, race discrimination, Title VII, various federal and state statutes, including the Americans with Disabilities Act, the Age Discrimination and Employment Act and the Family Medical Leave Act. We are prepared to aggressively mount a defense at every phase, from the initial claim through the administrative process and any ultimate litigation.
- Sexual Harassment
- Premises LiabilityPremises liability has always been a focus of our defense litigation practice. We have significant experience in the defense of lawsuits involving both traditional premises liability defendants: supermarkets, hotels, retail establishments, health spas, casinos, restaurants, taverns and private residences, as well as hospitals, schools, campuses and professional settings.
- Construction LitigationIntertwined with a construction defect or construction accident lawsuit is the interrelationship between the insurance and contractual issues underlying the claims of liability and damages. Proper evaluation of the competing claims for defense, indemnification, and additional insured coverage is at the forefront of every analysis. Risk transfer to the appropriate party is as critical to our clients as is every other aspect of our strategic litigation defense plan.
- Land Use and Zoning
- Property DamageThe Transportation / Trucking Group at Marks, O’Neill, O’Brien, Doherty & Kelly has successfully managed, resolved and defended hundreds of claims against trucking and transportation companies and their respective drivers. In many years of litigating claims at every level, from property damage and minor injuries to catastrophic losses and multiple fatalities, we have obtained advantageous settlements, favorable verdicts, and dismissals for our clients. Our experience in evaluating all aspects of a claim and our aggressive approach to pre-litigation investigation and management results in prompt, fair, and cost-efficient resolution of claims. From the time of the accident response and investigation through the final resolution, our comprehensive, hands-on approach enables our clients to manage every potential claim. We can also provide guidance and education to our trucking/transportation and insurance clients through in-house training seminars.
- Personal InjuryRyan Kingshill of MOODK’s Delaware office obtained dismissal with prejudice of a professional liability claim against an insurance broker. Plaintiff obtained auto insurance coverage through the broker for several years. Later, Plaintiff was involved in an auto accident resulting in damages above her policy limits. Plaintiff sought recovery for her expenses in excess of her Personal Injury Protection coverage, claiming the broker negligently failed to offer higher limit coverage. Through a comprehensive motion to dismiss, Mr. Kingshill argued that Plaintiff failed to state a claim as Delaware law, in most circumstances, imposes no duty on an insurance broker to offer specific coverage limits. At oral argument, the Court agreed with Mr. Kingshill’s arguments, dismissing Plaintiff’s suit with prejudice and saving MOODK’s client substantial future defense and/or settlement costs.