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Areas of Practice

Accountant Defense
Our attorneys have years of experience defending accountants in administrative actions and lawsuits involving tax preparation, audits, financial planning and general accounting matters. The legal issues involving these matters have included negligence, breach of fiduciary duty, fraud or misrepresentation and third-party claims for economic interference and intentional/negligent infliction of emotional distress. Our attorneys also handle actions brought by the State Boards of Accountancy. We provide pre-litigation assistance through the partnership with our Claim team and our clients.

Admiralty and Maritime Litigation
With offices all along the East and West Coasts, and in many locations in between, we have defended all manner of maritime and admiralty claims. Our litigators have handled cases involving all major sectors of the maritime industry including vessel owners, operators, tankers, cruise lines and recreational boats. Through our work, our attorneys have handled collisions, groundings, cargo damage, hull and machinery, product liability, personal injury as well as commercial litigation. The attorneys have handled numerous mediations, arbitrations, pre-trial litigation motions and trial. We work closely with marine surveyors to investigate claims and defend the claims in state and federal courts.

Aging Services Litigation
Our litigators provide advice and representation for a wide range of aging services individuals and providers, including

  • Skilled nursing facilities
     
  • Assisted living facilities
     
  • Home care providers
     
  • Memory care facilities
     
  • Active adult communities
     
  • Independent living facilities
     
  • Long term care facilities
     
  • Residential care homes.
     

Our attorneys strive to provide aggressive, yet practical and cost effective, defense of personal injury litigation. The attorneys have extensive experience in dealing with claims brought under state and federal regulations involving the aging services industry. The philosophy of these litigators is to perform an early and thorough investigation to properly assess and develop legal strategies consistent with the goals and objectives of their clients. The attorneys have handled all types of litigation including elopement, falls, inadequate supervision or staffing, errors in implementing care plans, abuse and neglect of all kinds, pressure sores and skin breakdown, and wrongful death. The litigation team routinely provides pre-litigation assistance and risk management advice.

Appellate Practice
Effective appellate advocacy requires distinctive expertise, which complements the skills utilized in pretrial and trial advocacy. Our appellate attorneys work across the offices and, in addition to handling appeals, are available to assist and advise other trial attorneys in preserving and protecting appellate issues at trial and pre-trial stages, including summary judgments, post-verdict motions, handling emergency appellate proceedings, and errors during trial. Our attorneys have handled all types of cases on appeal, from summary judgments and trials.

Commercial Civil Litigation
In defending tort claims, we work with our clients to achieve their desired goals and objectives in a broad range of tort matters. With offices across the country, and a staff of experienced litigators, we have the resources to handle a range of complex tort matters. Our attorneys evaluate a number of issues relating to damages, including loss of earnings capacity, pain and suffering, reasonable medical expenses (both present and expected), emotional distress, loss of consortium or companionship, wrongful death, legal costs and attorney fees. They have litigated catastrophic injury claims and other complex issues. Our team handles a broad range of claims, including:

  • Automobile and motorcycle accidents
     
  • Premises liability and slip and fall accidents
     
  • Liquor liability
     
  • Public and private utilities
     
  • Injuries at sports and recreational facilities or events
     
  • Products liability involving all types of products such as chemicals, pharmaceutical, machines, numerous consumer products, automotive
     
  • Food and beverage contamination
     
  • Environmental/toxic tort claims
     
  • Injuries by animals
     
  • Libel, slander and defamation
     
  • Negligent security
     
  • Bicycle accidents
     
  • Pedestrian accidents
     
  • Property damage
     
  • Construction site accidents
     

Community Association & Planned Development Defense
Community Association and Planned Development Defense involves some of the most wide-ranging and complex legal issues encountered in litigation. Additionally, clients are often comprised of diverse boards of directors or trustees with varied backgrounds. Our attorneys have handled myriad of complex cases for homeowners’ associations, property owners’ associations, cooperatives, and planned unit developments.  The claims handled by attorneys in this area have been just as varied, including:

  • Issues arising over by-laws
     
  • The failure to properly implement rules and regulations or other guidelines
     
  • Decisions by the board resulting in physical damage to property
     
  • Challenges to assessments or variances or related to architecture committee decisions
     
  • Breach of fiduciary duty
     
  • Failure to maintain common areas
     
  • Failure to properly handle funds
     
  • Defamation
     

The attorneys are involved in all aspects of litigation and pre-litigation strategies with their clients to achieve the goals of their clients.

Construction Litigation
Distinct challenges are presented by complex, multi-party construction defect disputes and our attorneys have years of experience litigating, negotiating and resolving these matters.  The cases involve complicated and multiple parties that involve alleged construction defects in single family homes, condominiums, planned unit developments, and large development projects. The cases involve retail complexes, commercial buildings, industrial centers, and governmental locations. In addition, the litigators handle all manner of roofing defects, water intrusion claims, both from improper drainage and improper design and construction, as well as structural design and construction issues. In addition, matters may involve construction delays, liens, and mold and mildew claims. The legal issues are complex and varied, which includes contract interpretation and analysis, construction documents included in contracts, risk transfer issues, appropriate measure of damages, products liability and negligence, and analysis of regulatory issues that may impact the legal strategies.

Design Professional Defense
Unique challenges are presented when defending design professionals.  These issues often involve complex technical and legal issues. Our attorneys have represented architects, landscape architects, engineers of all types, construction managers, licensed site professionals, surveyors and their firms.  Our team has handled a wide range of legal issues, such as professional liability claims, defect and deficiency claims involving negligence, building code violations and design defects resulting in both property damage, as well as personal injuries and pre-litigation assistance. Our trial lawyers have represented clients in jury and nonjury cases, in both state and federal courts, across the country. The attorneys possess a broad base of technical and legal knowledge and skills needed to address the complex aspects of the subject matter. The litigators also handle complaints made to the licensing boards against the design professionals.

Employment and Labor Law
Our attorneys and paralegals have worked with employers of all sizes in many different industries and across a number of different states. We bring a commitment to our clients to walk with them through the investigation of employment claims, from inception through trial. We defend cases at both the administrative level – before the Equal Employment Opportunity Commission and equivalent state agencies, as well as the federal and state court litigation systems. Our litigators partner with clients to develop litigation strategies consistent with the client’s goals. The types of matters handled by our litigators include:

  • Title VII
     
  • ADA discrimination and accommodation
     
  • Equal Pay Act
     
  • FMLA interference/retaliation
     
  • Sexual harassment claims
     
  • Whistleblower
     
  • State equal employment laws.
     

These claims have involved issues of gender, race, age and disabilities.  Our attorneys provide pre-litigation assistance for potential claims submitted to CNA, which need investigation and strategic planning for the best possible outcome.

Healthcare Professional Defense
Our litigators have been handling healthcare clients for more than two decades. The attorneys represent a diverse group of providers who include:

  • Physicians
     
  • Nurses
     
  • Clinicians
     
  • Chiropractors
     
  • Psychiatrists
     
  • Dentists
     
  • Orthodontists
     
  • Podiatrists
     
  • Physician assistants
     
  • Nurse practitioners
     
  • Massage therapists
     
  • Physical therapists
     
  • Pharmacists
     
  • Counselors
     
  • Psychologists
     
  • Other allied healthcare providers.
     

Our attorneys also represent hospitals, specialty hospitals, ambulatory surgery centers, diagnostic testing facilities, rehabilitation centers, physical therapy facilities and other treatment and health centers.  Attorneys cover a large spectrum of legal issues on a state and national basis. The litigators represent healthcare providers before state and federal courts and agencies. These matters have included high exposure, high-risk matters, including complex medical malpractice and professional liability claims. Our attorneys handle pre-litigation matters and administrative proceedings before boards and administrative court proceedings.

Legal Professional Defense
Successfully defending attorneys poses unique challenges. First, by definition, the underlying issues (the case within the case) are as varied and complex as our clients’ practices -- estates, real estate, bankruptcy, tort, contract, family law, to name a few. The second is the variety of legal issues our attorneys handle, such as malpractice, misrepresentation, conflicts of interest, malicious prosecution, libel or slander, civil rights violations and breach of fiduciary duties. Our attorneys have handled all facets and aspects to the litigation through trial. Our attorneys handle pre-litigation matters and administrative proceedings before boards and administrative court proceedings.

Property Losses
Our property loss defense attorneys have broad-based experience investigating and litigating small to large property losses caused by these perils, among others:

  • Smoke
     
  • Fire
     
  • Chemical contamination
     
  • Water
     
  • Wind
     
  • Structural collapse
     
  • Mechanical failure of equipment
     
  • Operator error of heavy equipment
     
  • Improper handling, loading, or storage
     
  • Improper transportation
     

A major factor in defending property loss claims is the mitigation of damages, which can be wide-ranging, including claims for physical loss of property, diminution in value of property, business interruption, business opportunity loss and business reputation loss, to name a few.  

Real Estate Professional Defense
Our litigators handle many different types of professional licensed in the real estate field. Clients our attorneys work with include agents, brokers, property managers and property owners.  Our attorneys represent a wide range of companies, from small real estate brokerage companies to nationally based property management and real estate firms. The litigation includes claims involving contractual issues, disclosure improprieties, termination of leases, personal injury claims arising from sale transaction, breach of fiduciary duties, fraud, and negligence. Our attorneys also represent clients involved in board disciplinary actions and pre-litigation counseling and investigation.

Subrogation
CNA Litigation Counsel has a national subrogation recovery program, with attorneys who have experience investigating and litigating all types of major losses, including:
 

  • Fires
     
  • Explosions
     
  • Structural collapses
     
  • Machinery and equipment failures
     
  • Transportation and logistics accidents
     
  • Gas and water leaks
     
  • Natural catastrophes, including wildfires, windstorms and floods.
     

Our attorneys include dedicated team members who conduct timely and comprehensive investigation and analysis of losses for subrogation and recovery potential, including on-site investigation by the attorneys and experts. We provide assistance with identifying and assessing subrogation potential before deciding whether to devote resources to pursuing recovery. Our litigators also provide training sessions and legal advisories to our claim partners on developments in the subrogation recovery industry.

Workers’ Compensation
We handle all phases of litigation from the workers’ compensation trial court level to all appellate boards and courts. Our workers’ compensation attorneys handle claims including:

  • Contested hearings
     
  • Serious and willful claims
     
  • Return-to-work issues
     
  • Risk allocation in continuing loss claims
     
  • Medicare Set-Aside issues
     
  • Issues of compensability and disability.
     

These cases are just as varied and include any type of work place incident.  The types of claims our attorneys have litigated include psychological claims, cardiac events, death, hearing loss, repetitive type injuries and dependency benefits. The litigation team works closely to achieve timely and expeditious results consistent with the goals of their clients.