Dean Falavolito

Dean Falavolito has been representing corporations, professionals, and employers in a wide variety of litigation and corporate matters for almost two decades. Deans litigation practice includes representing clients in matters relating to employment law, professional liability, general liability, and construction litigation. Dean often defends claims that involve Employment Practices Liability Insurance (EPLI), Director and Officers Insurance (D&O), and Architects and Engineers Insurance (AE) claims for a variety of carriers. Dean is also counted on by many business and insurance companies to defend high-stakes casualty litigation matters. Dean regularly appears in federal and state courts throughout Pennsylvania, West Virginia, and Ohio, including first chairing multiple jury trials to verdict. Dean has also argued before all of Pennsylvanias appellate courts, the National Labor Relations Board, and the Third Circuit Court of Appeals. Dean has represented employers in multiple claims and trials involving harassment, discrimination, retaliation, disability, wrongful discharge, wage and overtime claims. In addition to class action claims, and all claims and litigation related to non-compete agreements. Dean also represents corporations and their owners in professional liability and commercial litigation matters, including claims regarding shareholder agreements, sales agreements, and various contractual disputes. Dean also counsels multiple business on their day-to-day legal affairs, including advising on human resources, reviewing contracts, and assisting in all areas of operations. Some of Deans trial successes include: Johnson v. NEED (U. S. District Court, Western District of Pennsylvania). In this religious discrimination claim, alleging failure to accommodate religious beliefs and retaliation against a Pittsburgh area non-profit, Mr. Falavolito first-chaired the defense of the employer. After a week-long trial, the jury returned a verdict in favor of the employer. Baughman v. Cheung Enterprises (U. S. District Court, Middle District of Pennsylvania). This was a disability and age discrimination case against a McDonalds franchise. Mr. Falavolito won summary judgment on the disability discrimination claim and first-chaired a three-day trial where the jury returned a verdict for the employer on the age discrimination claim. Schmidt v. Pennsylvania Turnpike Commission (U. S. District Court, Western District of Pennsylvania). This disability discrimination case focused on an employers obligations when an employee is in drug and alcohol rehabilitation. Mr. Falavolito won full summary judgment for the Turnpike Commission, with the Judge ruling that the employer met its obligations under the ADA and was not otherwise prevented from terminating the Plaintiff for failure to follow work procedures. National Labor Relations Board v. MCPc, Inc. (Third Circuit Court of Appeals). In this Unfair Labor Practice Charge filed by the NLRB, Mr. Falavolito successfully argued to the Third Circuit Court of Appeals that the Administrative Law Judges decision against the employer was not based on the correct legal standard and against the weight of evidence. In a precedential decision, the Court of Appeals agreed, and reversed and remanded the ALJs decision to apply the correct legal and evidentiary standard.