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MBK WINS LANDMARK RULING IN THE PENNSYLVANIA SUPREME COURT – MARCH 24, 2021
In a case of first impression, the Pennsylvania Supreme Court held that Pennsylvania’s Unfair Trade Practices and Consumer Protection Law does not regulate the conduct of natural gas companies in purchasing mineral rights from landowners. In 2015, the Pennsylvania Attorney General’s Office asserted civil claims […] READ MORE

MBK’s Dan Brier Awarded Litigator of the Week by The AmLaw Litigation Daily
Congratulations to Dan Brier who was awarded Litigator of the Week by The AmLaw Litigation Daily in recognition of MBK’s work defending parallel state and federal challenges to the Pennsylvania Election Code regarding mail-in voting. Led by partners, Dan Brier, Donna Walsh and Jack Dempsey, […] READ MORE

MBK in the Center of the Ring in Pennsylvania’s 2020 Election Law Fights
Myers, Brier & Kelly, LLP serves as co-counsel for Secretary of the Commonwealth Kathy Boockvar in a trio of cases relating to implementation of new provisions in the Election Code concerning mail-in voting. In the first case, Pa. Democratic Party v. Boockvar, No. 133 MM 2020, 2020 […] READ MORE

Successful Defense for Board-Certified Orthopedic Surgeon in Luzerne County
Frank Brier and Kelly Lenahan successfully defended a board-certified orthopedic surgeon in a professional liability jury trial in Luzerne County ending in a defense verdict on September 11, 2020. The first civil jury trial in the region since the COVID-19 lockdown in March 2020. […] READ MORE

11 MBK Lawyers Named Super Lawyers
Myers, Brier & Kelly, LLP (“MBK”) partners Robert T. Kelly, Jr., Daniel T. Brier, Donna A. Walsh, Patrick A. Casey, Frank J. Brier and John B. Dempsey were again honored as Pennsylvania Super Lawyers and Nicholas F. Kravitz as a Rising Star. In addition, Donna […] READ MORE

State Argues to Pa. Justices That Consumer Protection Law Covers Landowners in Gas Leases
Do natural gas lease agreements entered into by drillers and private landowners fall under the state Unfair Trade Practices and Consumer Protection Law’s definition of “trade or commerce”? That was the question before the Pennsylvania Supreme Court on May 27, the third day of livestreamed […] READ MORE

Pa. Justices Probe Power Gap Between Drillers, Landowners
Members of Pennsylvania’s highest court homed in repeated on what the called the “economic reality” of the relationship between gas drillers and landowners as they heard arguments Wednesday about whether Attorney General Josh Shapiro should be allowed to pursue consumer protection claims over allegedly deceptive […] READ MORE

Pennsylvania Superior Court Upholds Defense Verdict in Favor of MBK Clients Following Medical Malpractice Trial
Judge Ford Elliott, P.J.E., writing for the Superior Court, affirmed the trial court. Lichtenberger v. Geisinger-CMC et. al., (142 MDA 2018)(Mar. 27, 2019). In the underlying matter, MBK obtained a defense verdict in favor of their medical provider clients represented by Frank Brier and Nicholas […] READ MORE

Veteran Defense Lawyer William A. Fetterhoff Joins MBK
William A. Fetterhoff has joined Scranton-based Myers Brier & Kelly, LLP (MBK) as Of Counsel. Fetterhoff will be resident in the firm’s Harrisburg office. Fetterhoff joins MBK’s white collar defense group, which represents entities and individuals facing challenging, high-profile federal and state criminal investigations. Fetterhoff […] READ MORE

IRS Issues Final Regulations Governing Substantiation of Charitable Contributions
New Rules Will Impact Non-Profit Organizations that Solicit and Accept Charitable Contributions On July 30, 2018, the IRS published final regulations that will impact any Internal Revenue Code 501(c)(3) charitable organization that solicits or receives charitable donations. The final regulations address the substantiation and reporting […] READ MORE

IRS to Issue Regulations on Recent Changes to Internal Revenue Code Section 529 Education Saving Plans
On July 30, 2018, the U.S. Treasury Department and the IRS announced their intent to issue regulations on three recent tax changes that affect Internal Revenue Code Section 529 Education Savings Plans. When issued, the regulations will provide guidance regarding (1) the special rules for […] READ MORE

The Stakes Are High When Universities Investigate Title IX Complaints
Title IX of the Education Amendments Act of 1972, 20 U.S.C.A. § 1681, et seq., is a comprehensive federal law with an important goal: prohibit discrimination on the basis of sex in education programs or activities operated by educational institutions receiving federal funds. Colleges and […] READ MORE

Nine at MBK Honored As 2018 Pennsylvania Top Lawyers, Super Lawyers & Rising Stars
Myers, Brier & Kelly, LLP (“MBK”) congratulates its partners Daniel T. Brier, Frank J. Brier, Patrick A. Casey, John B. Dempsey, Robert T. Kelly and Donna A. Walsh for being honored again as Pennsylvania Super Lawyers. Daniel T. Brier was included again as one of […] READ MORE

Another Medical Malpractice Jury Verdict in Favor of MBK’s Client
On January 24, 2018, a jury returned a verdict in favor of MBK’s hospital client following eight (8) trial days. The lawsuit involved complex professional medical negligence liability issues including claims pursued under the Pennsylvania Mental Health Procedures Act. Before jury deliberation commenced, the Court […] READ MORE

Nicholas F. Kravitz, Esq. Promoted to Partner at Myers Brier & Kelly, LLP
Myers Brier & Kelly, LLP (MBK) announces that Nicholas F. Kravitz, Esq. joined the firm’s partnership effective January 1, 2018. Nick started at MBK in 2008 as a member of the litigation team after completing a clerkship with the Honorable Vito P. Geroulo. Nick has […] READ MORE

Daniel T. Brier, Esq. Inducted Into the International Academy of Trial Lawyers
Daniel T. Brier, Esq. of Myers, Brier & Kelly, LLP in Scranton, PA was recently inducted into the International Academy of Trial Lawyers (IATL) at their Mid-Year Meeting held July 26-29, 2017. The International Academy of Trial Lawyers limits membership to 500 Fellows from the […] READ MORE

Jury Trial Win for MBK Attorneys Frank Brier and Nicholas Kravitz
Congratulations to MBK attorneys Frank Brier and Nicholas Kravitz on their very recent week long jury trial win in Lichtenberger v. Singh, et. al., in Lackawanna County Court of Common Pleas. The MBK team obtained a complete defense verdict in favor of their respective clients […] READ MORE

MBK Partner Robert T. Kelly, Jr., Named Chair of the Board of The Harry and Jeanette Weinberg Foundation
MBK partner Robert T. Kelly, Jr. has been elected as Chair of the Board of The Harry and Jeanette Weinberg Foundation, one of the largest private foundations in the United States. According to the June 1, 2017, Weinberg Foundation News article, “Robert T. Kelly, Jr., […] READ MORE

Illinois Court Dismisses John Crane’s Lawsuit Against Shein Law Center Ltd.
Daniel T. Brier of Myers Brier & Kelly LLP told Law360 in a statement, “We are pleased that the court dismissed John Crane’s effort to relitigate in Illinois verdicts that Ben Shein obtained more than six years ago from Pennsylvania juries on behalf of his […] READ MORE

Penn State Alumni-Elected Trustees Entitled to Attorney Fees in Board Challenge
After securing an order from the trial court on November 19, 2015 compelling The Pennsylvania State University to permit its Trustees to access source materials relating to the Freeh Report, the seven alumni-elected Trustees who petitioned for access to the material were successful this week […] READ MORE

Dan Brier Has Been Invited Into the International Academy of Trial Lawyers
Dan Brier has been invited into the International Academy of Trial Lawyers. Academy membership in the United States is limited to 500 Fellows under the age of 70. Trial Attorneys are admitted to Fellowship in the Academy upon a showing that they possess the following […] READ MORE

MBK Partners Publish Article in PACDL Publication For the Defense, Volume 1, Issue 4, (December 2016)
An article written by MBK Law partners Donna Walsh and Pat Casey recently appeared in the Pennsylvania Association of Criminal Defense Lawyers December 2016 publication For the Defense. Titled Immunity: An Overview, this article summarizes the origins of and statutory bases for immunity, describes the […] READ MORE

Frank J. Brier Admitted to The American Bar Foundation
Frank J. Brier has become a Fellow of the American Bar Foundation. Established in 1955, The Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars who have been elected by their peers because of their outstanding achievements in the legal profession. […] READ MORE

Claims Against United States Based on Exposure to Hantavirus in Yosemite Park Permitted to Proceed
On February 26, 2016, Judge Chensey of the United States District Court for the Northern District of California ruled that the discretionary function exception did not bar certain negligence claims asserted against the United States stemming from an outbreak of Hantavirus at Yosemite National Park […] READ MORE

Frank J. Brier, Esq., Suzanne Conaboy Scanlon, Esq. And Nicholas F. Kravitz, Esq. Obtain Dismissal of Lawsuit
On December 30, 2015, MBK successfully obtained dismissal of a lawsuit brought by a former patient. In Sorensen v. Geisinger Wyoming Valley Med. Cntr., (No. 8813 of 2011) the Court granted MBK’s motion for summary judgment and dismissed the professional liability lawsuit with prejudice. Following […] READ MORE

Judge Grants Petition to Compel Access to Freeh Report
In a much anticipated ruling, specially-appointed Judge Daniel Howsare granted the Petition to compel access to Freeh Report source materials filed by seven Alumni-Elected Trustees of the Pennsylvania State University. MBK filed the Petition on behalf of the Alumni-Elected Trustees after Penn State refused to […] READ MORE

MBK Enters Appearance in Philadelphia Legislative Sting Case
On September 21, 2015, MBK Partner Patrick A. Casey entered his appearance in the Dauphin County Court of Common Pleas on behalf of State Representative Vanessa Lowery Brown. Representative Brown has entered a not guilty plea, and the matter is scheduled for a December trial. […] READ MORE

Laskowski Decision Cited in Freedom Magazine Article “War, on Drugs”
Freedom Magazine recently published an article focusing on veterans suffering from “Post‐Traumatic Stress Disorder”. “Veterans are often prescribed potentially lethal psychiatric drugs that are disproportionately associated with violence and suicide. Such prescriptions outstrip those for the civilian population fiftyfold and are thought to be linked […] READ MORE

United States v. Wright – Important Analysis in Searches of Electronically-Stored Evidence
United States v. Wright, No. 14-1558, 2015 WL 507169 (3d Cir. Feb. 6, 2015) What Did the Government Gain From the Violation? A precedential opinion on search and seizure was issued by the Third Circuit on February 6, 2015. In United States v. Wright, 777 […] READ MORE

Summary Judgment Granted for MBK Client
MBK successfully secured the dismissal of a lawsuit brought by an elevator maintenance company. In Schindler Elevator v. Lackawanna County, NO: 12-CV-2325, the Court granted MBK’s motion for summary judgment and dismissed the lawsuit with prejudice. The Court rejected the elevator company’s argument that Lackawanna […] READ MORE

MBK Files Reply on Behalf of Penn State Alumni Elected Trustees to Inspect Corporate Information
On behalf of their clients, seven Trustees elected by the Penn State Alumni, MBK filed a comprehensive response to Penn State’s continued refusal to permit them to inspect the source material used to create the Freeh Report. In the June 22, 2015 filing in the […] READ MORE

MBK Obtains Dismissal of Lawsuit Seeking to Hold Residential Tenants Responsible for Damage Done by Home Invasion
In a case of first impression in Luzerne County, Pennsylvania, the Court of Common Pleas ruled that tenants cannot be held contractually liable under a lease agreement for damages done to a leased premise as a result of the criminal conduct of unidentified unknown third […] READ MORE

Frank Brier Presents Continuing Legal Education on Future Medical Damages Under the Affordable Care Act
Future Medical Damages Under the Affordable Care Act Frank Brier, health law partner at Myers Brier & Kelly, LLP, recently delivered a continuing legal education analysis on the Affordable Care Act and its application to future medical damages/life care plans in personal injury litigation. “The […] READ MORE

Robert T. Kelly, Jr. Speaks at 51st Washington Nonprofit Legal & Tax Conference; Fourth Consecutive Year As Program Speaker
Robert T. Kelly, Jr., a founding partner at Myers Brier & Kelly, LLP in Scranton, recently spoke at the 51st Annual Washington Nonprofit Legal & Tax Conference. Bob and his co-panelist, Christopher Sia of the Manhattan-based Alfred P. Sloan Foundation, analyzed the Expenditure Responsibility rules […] READ MORE

Pennsylvania Superior Court Rules in Favor of MBK Client on Covenant Not To Compete
In a precedential opinion, the Pennsylvania Superior Court ruled that a primary care physician was barred by a restrictive covenant from competing with his former medical practice by working as a hospitalist at a regional hospital. Geisinger Clinic v. Mark M. Radziewicz, D.O., NO: 505 […] READ MORE

MBK Celebrates Its 20th Anniversary
Former Vice Chief of Staff of the United States Army General Jack Keane spoke in honor of the 20th year of Myers, Brier & Kelly, LLP. The Thursday, March 26, 2015 celebration was hosted at the Scranton Cultural Center with dignitaries, lawyers, family and friends […] READ MORE

MBK Files a Petition on Behalf of Seven Trustees of the Pennsylvania State University
On April 20, 2015, MBK filed a Petition pursuant to the Pennsylvania Nonprofit Corporation Law on behalf of seven Trustees of The Pennsylvania State University. The Petition, filed in the Centre County Court of Common Pleas, seeks a Court order compelling Board leadership to provide […] READ MORE

Dan Brier Quoted in Forbes
Dan Brier was quoted in a Forbes article regarding a lawsuit filed by Garlock Sealing Technologies against Philadelphia asbestos attorney Benjamin Shein and lawyers at five other firms. Dan is defending Ben Shein in this lawsuit. In the article “A Stubborn Manufacturer Exposes The Asbestos […] READ MORE

Pennsylvania Superior Court Interprets Mental Health Procedures Act to Include Emergency Department Discharges Following Treatment
The non-precedential Pennsylvania Superior Court decision in Hancock v. Friends Hosp., et. al., NO: 1666 EDA 2014 (Pa. Super., March 9, 2015) interpreted and applied the limited civil immunity provision and gross negligence standard under Section 7114(a) of the Pennsylvania Mental Health Procedures Act (“MHPA”)(50 […] READ MORE

Daniel T. Brier Admitted to American College of Trial Lawyers
Daniel T. Brier has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in America. The induction ceremony at which Dan became a Fellow took place recently before an audience of approximately 585 persons during the recent 2015 […] READ MORE

Third Circuit Recently Affirms an Upward Adjustment in the Criminal Sentence of Physician Based on His Abuse of a Position of Trust
In a case of first impression, the Third Circuit recently affirmed an upward adjustment in the criminal sentence of physician based on his abuse of a position of trust. The defendant in United States v. Barbaria, No. 14-2694 (3d Cir. Dec. 31, 2014), was a […] READ MORE

MBK Defends Former Pa. Senator Mellow in the Pennsylvania Turnpike Commission Corruption Case: State Drops Case
News Coverage: Scranton Times-Tribune: State drops case against Mellow (10/17/14) Pittsburgh Post-Gazette: State drops final Turnpike charge against ex-Sen. Mellow (10/17/2014) The Legal Intelligencer: Former State Senator Granted Nolle Pros (10/17/2014) WNEP News: Remaining Charge Against Mellow Withdrawn (10/16/2014) […] READ MORE

National Law Journal: MBK Law Laskowski Verdict Underscores Long History of VA Care Problems
In the wake of the resignation of embattled Department of Veterans Affairs Secretary Eric Shinseki, The National Law Journal has published a story advancing the argument that the VA’s problems were much more deeply-seated than the recent scheduling issues and cover-ups in VA facilities such […] READ MORE

MBK Laskowski Verdict Included in Top Pennsylvania Verdicts of 2013
MBK Law’s representation of an Iraq War vet in his case against the U.S. Department of Vetran’s Affairs resulting in a $3.7 million verdict was recognized in the Top Pennsylvania Verdicts of 2013. Read Full Article […] READ MORE

Dan Brier Achieves AV Preeminent Rating and Named As Top Rated Lawyer in White Collar Criminal Defense Law
MBK partner Dan Brier was honored in the October 2013 issue of The American Lawyer as a Top Rated Lawyer in white collar criminal defense law. Additionally, Dan achieved the AV Preeminent rating by LexisNexis Martindale-Hubbell. AV Preeminent status is conferred to Top Rated Lawyers […] READ MORE

MBK Law Helps Iraq Vet With PTSD Receive $3.1 Million From US Government
Over a year after original verdict, the 3rd Circuit Court of Appeals has cleared the release of $3.1 million of the original award. Previously, following a week-long trial in United States District Court, Judge James Munley awarded Iraq veteran Stanley Laskowski an award of $3.7 […] READ MORE

MBK Helps Keep Skies Clear for Airport
Myers, Brier & Kelly, LLP defeated a Preliminary Injunction on behalf of its client the Wilkes-Barre/Scranton International Airport filed by its former fixed base operator (“FBO”) Saker Aviation Services, Inc. (“Saker”). Saker attempted to enjoin the Airport from awarding a new FBO contract to a […] READ MORE

Superior Court Affirms Dismissal of Criminal Case for MBK Client
Following a habeas corpus hearing, Myers, Brier & Kelly, LLP (“MBK”) successfully obtained the dismissal of a criminal case in Lackawanna County involving the alleged felony of Theft by Failure to Make Required Disposition of Funds Received. The trial court granted MBK’s petition for writ […] READ MORE

MBK’s Frank Brier on Social Media in Litigation Management Magazine
Frank Brier co-authors article on the impact of social media in the Spring 2013 edition of Litigation Management Magazine. Frank has presented numerous times on the impact of social media, electronic medical records and e-discovery matters. The article can be found at Litigation Management. […] READ MORE

MBK Wins Employment Precedent-Setting Decision
Myers, Brier & Kelly, LLP successfully defended a large regional building supplier in an appeal brought by a former director and officer from dismissal of his religious discrimination claims. In a precedential opinion, the Third Circuit ruled that the plaintiff was not eligible to sue […] READ MORE

MBK Partners Publish Article in National Legal Publication
An article written by MBK Law partners Donna Walsh and Pat Casey recently appeared in the September/October 2013 issue of The Champion, the magazine of the National Association of Criminal Defense Lawyers. Circulated across the US, The Champion features writings by and for attorneys involved […] READ MORE

MBK Partners Frank Brier, Dan Brier, and Donna Walsh Present on Medicare Recovery Audit Contractor Strategy, Compliance and Litigation
Frank J. Brier, Daniel T. Brier, and Donna A. Walsh of Myers, Brier and Kelly, LLP’s litigation and healthcare practices joined Joseph A. Bubba, of Fitzpatrick Lentz & Bubba, PC of Center Valley, PA, in presenting a seminar for medical professionals on recovery audit strategy, […] READ MORE

Hantavirus Death: MBK Sues Delaware North Companies and the United States of America
Myers Brier & Kelly, LLP sues Delaware North Companies and The United States of America. The lawsuit alleges that defendants acted negligently when they invited guests to reserve tents that were infested with hantavirus-carrying deer mice in Curry Village in Yosemite. The suit was filed […] READ MORE

Robert T. Kelly Speaks at Washington Non-Profit Legal and Tax Conference
FOR IMMEDIATE RELEASE March 21, 2014 Third Consecutive Year as Program Speaker Robert T. Kelly speaks at Washington Nonprofit Legal & Tax Conference Scranton, PA—Robert T. Kelly, Jr., a partner at Myers Brier & Kelly in Scranton, recently spoke at the 50th Annual Washington Nonprofit […] READ MORE
