On the Pulse…Marshall Dennehey Is Happy to Celebrate Our Recent Appellate Victories*

Audrey Copeland (King of Prussia, PA) convinced the Pennsylvania Superior Court to affirm the trial court’s order dismissing the plaintiff’s claims that the assets of a trust were mismanaged to his detriment as a potential trust beneficiary. Fischl v. AXA Life Ins., et al, 2020 Pa. Super. Unpub. LEXIS 222 (Pa.Super. Jan. 17, 2020).

Audrey also obtained the Commonwealth Court’s affirmance of a hearing officer’s order in a medical fee review case where the provider, a psychologist, sought to be paid for her psychotherapy services to the claimant at the higher rate allowed under the predecessor code. The court affirmed the determination to the extent the hearing officer found that the provider, who agreed that she was paid at the published rate, was appropriately reimbursed. The court declined to address whether the hearing officer correctly concluded that the 2013 code was a “new code,” finding that such issue was outside of the limited jurisdiction of the medical fee review process. Landes v. Bureau of Workers’ Compensation Fee Review Hearing Office, 2020 Pa. Commw. Unpub. LEXIS 47 (Pa. Cmwlth. Jan. 13, 2020).

Kimberly Berman (Fort Lauderdale, FL) convinced Florida’s Fifth District Court of Appeal to deny a petition for writ of certiorari to review the circuit court’s affirmance of a final summary judgment entered in favor of a homeowners’ association in a dispute with a homeowner over a fence. Peterson v. Cambridge Crossing Phase 1, et al., 5D19-2648 (Fla. 5th DCA Jan. 17, 2020).

*Prior Results Do Not Guarantee A Similar Outcome

_{Defense Digest, Vol. 26, No. 1, Spring 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2020 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.}