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Michael W. Horner Partner

Managing Partner, Cherry Hill, NJ Office
Cherry Hill, NJ | Direct 856.317.3658Fax 856.317.3608
Philadelphia, PA | Direct 215.864.7044
hornerm@whiteandwilliams.com
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Michael Horner’s litigation and counseling experience spans several decades in the areas of healthcare, catastrophic loss and employment matters in multiple state and federal jurisdictions.

Mike represents tertiary and community hospitals, healthcare systems and physician practice groups in matters involving medical malpractice, health information technology, Medicaid (RAC) appeals, patient dumping, HIPAA, peer review, opioid administration, among other matters encountered by the healthcare industry.  

He has extensive experience litigating, mediating and arbitrating complex catastrophic cases throughout multiple jurisdictions in the Northeast. His high-stakes trial practice includes product liability, construction site liability, medical malpractice, transportation law, workplace safety, commercial premises liability, dram shop liability and commercial contract disputes.

Mike’s practice frequently involves the defense of insured and self-insured local, national and multinational companies facing potential exposure in the millions of dollars for injuries ranging from death, traumatic brain injury, quadriplegia, paraplegia, loss of limb, property loss and business interruption. He also has significant experience litigating cases involving product recalls. Mike's catastrophic loss practice often involves assembling a trial-tested team of catastrophic loss lawyers and trying or mock trying the case on short notice.  

Mike has significant experience litigating a wide variety of employment-related disputes involving age, gender, disability and race discrimination, non-compete and restrictive covenants and fraud in state and federal courts and agencies in New Jersey and Pennsylvania. He has tried multiple employment disputes to jury verdict and obtained temporary restraining orders and permanent injunctions in several jurisdictions related to non-compete and confidentiality matters.

Representative Matters

  • Represented large, multi-state physician practice group in matter involving information blocking of electronic health records (EHR) by a health information technology vendor. Obtained multiple temporary restraining orders over a seven-month period which maintained access and use of the client’s EHR. Tried multi-week, binding arbitration before retired federal court that lead to comprehensive plan for migration of over 10 years of EHR data from prior EHR vendor to new EHR vendor, all while maintaining client's access and use. (Superior Court of N.J., Chancery Division, Burlington County)
  • Obtained summary judgment for internationally renowned tertiary care hospital in case involving brain-injured newborn allegedly caused in part by negligent laboratory communications. (Superior Court of N.J., Camden County)
  • Represented international furniture manufacturer in product liability action against alleging defective design of dressers resulting in tip-over and three fatal accidents of toddlers in Pennsylvania, Minnesota and Washington. All three cases involved product recall issues and settled at mediation for a total of approximately $50 million. (Court of Common Pleas, Philadelphia County)  
  • Obtained an unanimous defense jury verdict on behalf of a regional material handling service and supply company after a six-week trial involving wrongful death and survival claims. Plaintiff alleged damages arising from negligent maintenance of a pallet truck involved in a warehouse accident. Retained as lead counsel shortly before initial trial date with a demand at $15 million. (Superior Court of N.J., Camden County)
  • Represented American subsidiary of multinational printing company involving former employee’s violations of non-compete and restrictive covenant provisions in employment contract. (Superior Court of N.J., Chancery Division, Middlesex County)
  • Represented American subsidiary of multinational tooling manufacturer in breach of contract, theft/conversion and NJ RICO case against former CEO and director alleged to have stolen over $500,000 from company. (Superior Court of N.J., Gloucester County and U.S. Bankruptcy Court for District of N.J.)

Healthcare

  • Handled over 25 Recovery Audit Contractor (RAC) Medicaid appeals to New Jersey’s Medicaid Fraud Division of the Comptroller’s Office involving disputes related to inpatient care for two community hospitals.

Catastrophic Loss

  • Represented subcontractor employer of catastrophically injured plaintiff against multiple contractual indemnity claims in a case involving a fall from height at a construction site involving New York’s Labor Law. Retained after 10 years of litigation and conclusion of fact discovery. Case settled after our development of forensic engineering expert evidence diverting liability to non-indemnitee parties. (Supreme Ct. of N.Y, N.Y. County)
  • Represented international sporting goods manufacturer in a product liability action involving a youth aluminum baseball bat that allegedly permitted dangerous batted ball speeds. The Plaintiff was a 12-year-old male pitcher hit in the chest with a batted ball causing commotio cordis (extremely rare condition whereby heart stops) and subsequent catastrophic brain injury. Settled on the eve of trial after mediation and mock trial. (Superior Court of N.J., Passaic County)
  • Represented an international engineering/construction services company in a construction site accident case where an ironworker alleged traumatic brain injury after being struck by a knuckle boom crane. Retained ten days before trial with a $10 million demand. Filed five motions in limine, retained and served five expert reports (lifecare, economics, vocational, life expectancy and liability) and joined subcontractor employer for contractual indemnity all within ten days. Case settled for $1.5 million (partially structured and less than half economic damages) after four days of trial. (Superior Ct. of N.J., Middlesex County)
  • Represented civil engineering company against allegations of improper traffic detouring in a construction zone in a case involving a bicycle/motor vehicle accident resulting in catastrophic brain injury of a minor. Retained after seven years of litigation and with discovery completed and trial imminent. Case settled at mediation after our expert development of causation and damages defenses. (Supreme Ct. of N.Y, N.Y. County)
  • Represented regional manufacturer of industrial equipment in wrongful death action in which baler crushed decedent; favorable settlement for client prior to significant discovery. (U.S. District Court for Southern District of New York)
  • Represented professional power boat racing driver in spectator accident in the Chesapeake Bay involving multiple plaintiffs, including one fatality of a minor. Case settled at mediation. (U.S. District Court for Maryland)
  • Represented an international engineering/construction services company in a construction site accident case where an ironworker alleged traumatic brain injury after being struck by a knuckle boom crane. Retained ten days before trial with a $10 million demand. Filed five motions in limine, retained and served five expert reports (lifecare, economics, vocational, life expectancy and liability) and joined subcontractor employer for contractual indemnity all within ten days. Case settled for $1.5 million (partially structured and less than half economic damages) after four days of trial. (Superior Ct. of N.J., Middlesex County)
  • Represented local hotel owner/operator in wrongful death/survival action and traumatic brain injury premises liability action involving four-story fall through hallway window in Atlantic City hotel; retained as lead counsel less than two months before initial trial date; favorable settlement for client after approximately two weeks of trial. (Superior Court of N.J., Camden County)
  • Represented regional real estate broker and obtained summary judgment in breach of contract and emotional distress case brought by former independent agent. (Superior Court of N.J., Burlington County)
  • Represented multinational residential furniture retailer/manufacturer in product liability case which arose from death of three-year-old female; retained as lead counsel after discovery; favorable settlement at mediation for client. (Court of Common Pleas, Philadelphia County)
  • Represented nationwide retailer and garage door opener manufacturer in product liability case where four-year-old plaintiff was rendered a spastic quadriplegic when she was trapped beneath a garage door. (U.S. District Court for the Western District of Pa.)
  • Represented nationwide energy supplier in premises liability case in which a 30-year-old plaintiff medical student suffered debilitating spinal injuries; retained as lead counsel after discovery and one-month prior to trial; high-low agreement secured favorable settlement for the client after a four-week jury trial. (Court of Common Pleas, Philadelphia County)
  • Represented board of education in a fatal bus accident case involving a two-year-old pedestrian girl; retained as co-counsel at conclusion of discovery and obtained favorable settlement for client on eve of trial. (Superior Court of N.J., Middlesex County)
  • Represented nationwide industrial manufacturer of packaging equipment in a product liability case in which 29-year-old forklift operator sustained spinal injuries rendering her wheelchair-bound; retained as lead counsel and obtained favorable settlement for client on first day of trial. (Court of Common Pleas, Westmoreland County, Pa.)
  • Represented nationwide trucking company in fatal commercial trucking accident involving deceased physician; retained as co-counsel near the conclusion of discovery and obtained favorable settlement for client on eve of trial. (Superior Court of N.J., Essex County)
  • Local counsel for a nationwide tire distributor in class action alleging defective Chinese manufactured tires; client dismissed without payment. (U.S. District Court for District of N.J.)
  • Local counsel for a multinational motor vehicle manufacturer in class action for alleged defective seatback mechanisms; client dismissed on summary judgment. (Superior Court of N.J., Camden County)

Employment

  • Represented and obtained defense jury verdict for local franchise of nationwide cleaning company in case involving disability discrimination. (Superior Court of N.J., Gloucester County)
  • Represented and obtained defense jury verdict for multinational transportation company in Family and Medical Leave Act case based upon pregnancy discrimination. (U.S. District Court for Eastern District of Pa.)

Recognition & Involvement

In addition to his law practice, Mike gives back to the community by serving as a board member and volunteer for the Medford Arts Center and as a board member for Mimosa Lakes Community Association. Prior to practicing law, Mike managed his family’s garden and pool business and was a sportswriter for New Jersey and Philadelphia high school, college and professional sports.

Events

Bar and Court Admissions

New Jersey

Pennsylvania

U.S. Court of Appeals for the Third Circuit

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

U.S. District Court for the Eastern District of New York

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

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

U.S. District Court for the Southern District of New York

Education

Widener University School of Law, JD, 1996

Rutgers University, BA, 1991 

Memberships

American Bar Association

Burlington County Bar Association

Camden County Bar Association

New Jersey Bar Association

Pennsylvania Bar Association

Philadelphia Bar Association

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