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Marc Penchansky Counsel

 
Philadelphia, PA | Direct 215.864.6279Fax 215.864.7123
penchanskym@whiteandwilliams.com
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Marc Penchansky is an appellate lawyer with extensive litigation experience. He represents clients in intermediate New Jersey and Pennsylvania appellate courts, the New Jersey and Pennsylvania Supreme Courts, and the United States Court of Appeals for the Third Circuit. His extensive appellate experience includes jurisdictional challenges, interlocutory appeals, and expedited appeals that often involve complex and novel issues.

As an appellate attorney, Marc also assists trial teams with complex motion practice, evidentiary issues, and litigation strategy. Marc is asked to identify appellate issues and ensure proper preservation of error. He also works to ensure that positive results are unassailable on appeal. Marc is routinely asked to step into ongoing litigation to draft and argue motions on key issues that will profoundly influence the disposition of the case.

Marc’s comprehensive litigation experience includes class actions, construction defects, first-party and third-party insurance coverage, bad faith, product liability, pharmaceutical law, health care law, civil rights, reinsurance, and professional liability. He also has extensive experience in conventional and artificial (EIFS) stucco litigation and other moisture intrusion cases.

Marc also has extensive experience supervising a team of attorneys in discovery matters including productions for large scale antitrust matters and government investigations.

Marc is often asked to provide writing seminars to the firm’s litigation associates and interns. He also serves as an editor of the firm’s weekly Court Crier® electronic newsletter. Court Crier provides the firm’s clients and attorneys with weekly updates concerning relevant appellate decisions.

Marc received his law degree, magna cum laude, from the University of Richmond School Of Law, where he was an active member of the law review, member of the honor society, and served as research assistant to two professors. Prior to entering private practice, Marc was a judicial clerk to the Honorable Thomas L. Ambro of the U.S. Court of Appeals for the Third Circuit. He also served as a staff attorney for the Third Circuit, at which time, he spent several months as an elbow clerk to the Honorable Jane Roth. After his clerkships, Marc served in the appellate department of a medium-sized law firm that mainly represented nursing homes and hospitals. He also has experience working in the antitrust and toxic torts departments of a large international firm.

Representative Matters

  • Drafted successful summary judgment motion on behalf of insurance broker in a multi-million dollar litigation where the broker was alleged to have violated its duty to provide insurance quotes to its client. Successfully defended the entry of summary judgment on appeal. 
  • Successfully defended on appeal before the Pennsylvania Superior Court a negligence action filed by a subcontractor’s employee against the general contractor
  • Drafted successful motion to dismiss class action on behalf of a large automotive insurer who was accused of improperly renewing its policies 
  • Obtained reversal from Pennsylvania Superior Court of trial court’s refusal to dismiss first-party claim for uninsured motorist benefits at the pleading stage. Convinced Superior Court that Insured had failed to adequately plead a viable cause of action against her insurer and had failed to point to any conduct that amounted to bad faith. 

  • Drafted successful petition for review to the Supreme Court of Pennsylvania on behalf of an insurance broker against claims of township employees who alleged that the broker fraudulently prevented the payment of a large insurance claim. The Supreme Court’s grant of the petition led to a favorable resolution of the matter before an opinion was issued.
  • Successfully defended on appeal to the United States Court of Appeals for the Third Circuit, a dismissal of plaintiff’s breach of contract claim and bad faith claim based on Pennsylvania four-year statute of limitations for contract actions and two-year statute of limitations for bad faith claims
  • Currently represents approximately 100 homeowners in lawsuits against a local home builder for reimbursement of damage from water intrusion due to the faulty installation of artificial stucco
  • Secured the early dismissal of a large medical malpractice litigation based on the Emergency Medical Treatment and Labor Act (EMTALA)

Events

Publications

Bar and Court Admissions

Pennsylvania

New Jersey

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

Education

University of Richmond School of Law, JD, magna cum laude, 1998

Rutgers College at Rutgers University, BA, 1994 

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