Dughi, Hewit & Domalewski, P.C. is pleased to announce that Craig A. Domalewski has been included in the 2025 edition of The Best Lawyers in America® for Commercial Litigation. Since it was first published in 1983, Best Lawyers has become widely regarded as the one of the most respected guides to legal excellence.
Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to ensure they are in current practice and in good standing.
Read more about the Best Lawyers selection process.
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Dughi, Hewit & Domalewski, P.C. is pleased to announce that James F. Ferguson, the former Atlantic County Counsel, has joined the firm as Counsel in its Absecon office.
Mr. Ferguson brings a wealth of experience to DH&D. Prior to joining the firm, Mr. Ferguson served with distinction as the Atlantic County Counsel from January 1, 2003, to June 30, 2024. Over the course of his 20-year tenure with Atlantic County, Mr. Ferguson earned an outstanding reputation for his impeccable integrity, strong work ethic, and sound judgment.
As County Counsel, he was the Department Head of the Atlantic County Department of Law and supervised a staff of eight attorneys and 20 support staff. Mr. Ferguson oversaw all phases of the County’s legal work which included not only the representation of County Administration and the various County departments, but also representation of Atlantic County’s constitutional officers. During his service as County Counsel, Mr. Ferguson’s work activities focused mainly on the defense of the County’s liability claims under Title 59 and workers’ compensation claims. For several years, he also personally handled the department’s labor law work, which included contract negotiation with 20 plus unions and involvement with union grievances, disciplinary matters, and unfair labor practice claims. These matters involved practice before agencies such as the New Jersey Civil Service Commission, the Office of Administrative Law (OAL) and the New Jersey Public Employment Relations Commission (PERC)
Mr. Ferguson achieved many significant accomplishments during his tenure as the County Counsel. He was instrumental in the formulation of the Atlantic County Insurance Commission (ACIC), consisting of Atlantic County, the Atlantic County Improvement Authority (ACIA), and the Atlantic County Utilities Authority (ACUA). In 2015, the ACIC became a member of the statewide, Counties Excess Liability Joint Insurance Fund (CELJIF) operating under the direction of PERMA. Following its inception, Mr. Ferguson served as the ACIC legal counsel until June 30, 2024. As legal counsel, he was responsible for overseeing the handling of the various liability claims; most of which implicate provisions of the New Jersey Tort Claims Act (Title 59). In addition, he was also involved in the procurement of ancillary lines of insurance coverage. He also was responsible for formulation of the plan which established the Central Municipal Court of Atlantic County. The court plan was approved by the New Jersey Administrative Office of the Courts (AOC) in October 2021 and this regional court, the first of its kind in the State of New Jersey, commenced operation in January 2022 with participation from ten of Atlantic County’s municipalities. The Court, now in its third year of operation, has realized cost savings for the participating entities.
Dughi, Hewit & Domalewski, P.C. is excited that Mr. Ferguson has chosen to continue his career with the firm. He will add significant depth and experience to the firm’s Absecon office and will be an invaluable addition to the firm’s public sector and general liability practice areas.
Dughi, Hewit & Domalewski, P.C. is proud to announce that Craig Domalewski will present a webinar for the New Jersey Hospital Association on the recently enacted Ensuring Transparency in Prior Authorization Act.
The Ensuring Transparency in Prior Authorization Act will take effect on January 1, 2025, and sets forth new standards and procedures for prior authorization that apply to both healthcare providers and payors to assure that all patients receive optimal care and are treated fairly. The new Act makes significant changes to the procedures and guidelines first created under the Health Claims Authorization, Processing and Payment Act for utilization management and treatment authorization decisions, communications and timelines concerning the same.
These changes will require providers to establish clinical criteria and guidelines for medical services and ongoing utilization review. The changes will have a major impact on the practice of medicine, the delivery of medical services to patients and the reimbursement paid to providers. This program is designed specifically for providers to assist them with preparing for the Jan. 1 implementation of the new provisions. The program will explain changes regarding prior authorization standards and timelines, new standards for utilization management policies and procedures, describe how the law applies to different healthcare providers and different health insurance and reimbursement plans and provide guidance on compliance with the new requirements.
The webinar will take place on September 17, 2024, at 1 pm.
You can register here: Ensuring Transparency in Prior Authorization Act: Understanding the Jan. 2025 Changes to HCAPPA
This program has been approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey for 1.5 hours of total CLE credits.
Mr. Domalewski is the managing partner of Dughi, Hewit & Domalewski, P.C. He regularly represents hospitals, physicians, and other entities in connection with commercial disputes, regulatory matters, and compliance issues. His legal experience includes litigating a broad range of complex civil litigation matters involving insurance-coverage, commercial disputes, and healthcare-related issues, providing regulatory advice and guidance to hospitals and other entities subject to regulatory oversight, and negotiating commercial transactions.
On Thursday, September 12, 2024, Brandon Minde secured a defense verdict in a medical malpractice case following an 8-day jury trial in Essex County. Mr. Minde represented a board-certified dermatologist against allegations that he was negligent in the administration of bleomycin to treat recalcitrant and recurrent warts and that he failed to disclose the risks of Raynaud’s Phenomenon, a known side effect of bleomycin injections. Following treatment, the plaintiff alleged to have developed Raynaud’s Phenomenon.
Defendant testified to the reasons for his recommendation of bleomycin to treat plaintiff, his technique for injection, and his risk discussions with plaintiff. Mr. Minde presented the expert testimony of dermatologist Dr. Jonathan T. Wolfe that defendant’s decision to treat the plaintiff with bleomycin was proper, that he had properly administered the injection of the medication, and that he had obtained an informed consent following appropriate risk discussions. Mr. Minde also called Dr. Elliot D. Rosenstein as a rheumatology expert to dispute that the injection of bleomycin had caused plaintiff to develop Raynaud’s Phenomenon versus other alternative causes, including underlying autoimmune conditions.
The jury returned a defense verdict in favor of defendant on the issue of liability after less than one hour of deliberations and never reached the issue of causation.
Brandon Minde is a civil and criminal trial partner with Dughi, Hewit & Domalewski. His civil litigation and trial practice focuses on defending physicians, hospitals and healthcare providers in medical negligence claims, insurance and billing fraud investigations and claims, and in professional licensing matters before professional licensing boards. His criminal practice includes representing individuals and corporations undergoing criminal investigations or who have been charged with crimes. Mr. Minde is certified by the New Jersey Supreme Court as a criminal-trial attorney.
Mark Petraske recently obtained a directed verdict at the conclusion of plaintiff’s case after three weeks of trial. The case involved allegations that the plaintiff’s nerve root was injured during a posterior cervical spine decompression surgery performed by an orthopedic spine surgeon and a neurosurgeon represented by the firm. This surgery was done 4 months after another surgeon had done an anterior discectomy. The plaintiff argued that there was liability because he was a co-surgeon and responsible as a co-captain of the ship. Mr. Petraske successfully argued that this theory of liability was no longer valid in New Jersey and that the proofs against the surgeon had to stand alone. Mr. Petraske also argued that because the detached rootlets were viewed during the second surgery they were likely injured in a prior surgery. Mr. Petraske also argued that here was a lack of proof that the surgeon he used any instruments during the cervical spine decompression surgery on the injured side. The evidence that was put in during the plaintiff’s case demonstrated that he did not operate in that location. The Court agreed with the defense arguments and entered a directed verdict. The matter is continuing against the surgeons in the first and second surgeries.
Mark Petraske is the Co-Chair of DHD’s Medical Malpractice Defense Department. Mr. Petraske is a Certified Civil Trial Attorney and throughout his distinguished career has successfully represented healthcare professionals and institutions in professional negligence cases. Since March 2022, Mr. Petraske has started 17 trials, and secured 11 defense verdicts. Three cases involved mistrials due to plaintiff-related issues, one has been retried to a defense verdict. Three matters settled during trial for the initial offers. Two of the cases have resulted in published appellate decisions, along with two unpublished Appellate decisions in cases where he had secured dismissals on behalf of DHD’s clients.
Dughi, Hewit & Domalewski, P.C. recently obtained a dismissal of a lawsuit based on the Court’s application of the First-Filed Rule. The case involved complex issues and millions of dollars in alleged damages arising from a merger transaction. The firm’s clients – who were the nominal defendants in the New Jersey action – had previously filed a similar lawsuit in Delaware against substantially the same parties and sought to have the New Jersey action stayed or dismissed in deference to the earlier-filed Delaware action.
Under New Jersey’s First-Filed Rule, in the absence of special equities to retain jurisdiction, a state court will dismiss or stay a lawsuit if there is an already pending, substantially similar lawsuit in another state. In this matter, DHD demonstrated that the prior filed Delaware lawsuit was substantially similar to the subsequently filed New Jersey action and overcame arguments that special equities existed which would justify the New Jersey Superior Court retaining jurisdiction.
This was a very significant outcome for DHD’s client, as it eliminated a costly, two-front legal battle and ensured that the parties’ dispute will be decided in the forum selected by our clients.
Craig A. Domalewski handled this matter and successfully argued the motion to dismiss. Mr. Domalewski was assisted by Ryan A. Notarangelo on the brief.
Dughi, Hewit & Domalewski, P.C. is proud to announce that Brandon D. Minde, past-Chair of the NJSBA Criminal Law Section and Past Trustee of the NJSBA, will be the Moderator at the NJICLE Criminal Law College: Effective Strategies for 2024, July 11, 2024.
This program is designed for legal professionals at every level, this program is the best way to get up to speed – and stay up to speed – with the latest developments in New Jersey criminal law, including groundbreaking trends like artificial intelligence. The expert-led panels will equip you with the tools to achieve the best results for your clients, handle cases more efficiently, and stay at the forefront of legal innovation. From new methods to the latest courtroom developments, you’ll hear directly from New Jersey’s top experts as they share their expertise, techniques, and more.
The panels that Mr. Minde will moderate include: “Present Techniques That Work: Crafting Winning Narratives”; “Future Developments: Embracing AI in Criminal Law”; and “Past Trials: Lessons from the Legends.”
Mr. Minde is the head of Dughi, Hewit & Domalewski’s criminal law department, is a former Essex County Assistant Prosecutor, and is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.
Dughi, Hewit & Domalewski, P.C. is pleased to announce that Stewart A. Cunningham has joined the firm as a partner in its Cranford office. Mr. Cunningham is a well-respected civil trial and health care attorney.
Mr. Cunningham has built an outstanding reputation over the course of his career by his representation of hospitals and their medical staffs, physicians, healthcare professionals, pharmaceutical companies and medical device manufacturers. Mr. Cunningham has tried over 20 cases to verdict and has consistently achieved successful outcomes and verdicts in favor of his clients in state and federal court in New Jersey. Mr. Cunningham’s complex civil litigation experience includes the defense of parties in pharmaceutical and medical device defense cases involving breast implants, pharmaceutical agents and prosthetic devices.
In addition to his stellar career as a civil litigation attorney and trial lawyer, Mr. Cunningham also has substantial experience as a health care attorney. Mr. Cunningham served as Vice President of Legal Services and General Counsel at Saint Michael’s Medical Center in Newark, New Jersey for more than a decade and, in that capacity, he provided legal advice to senior management and the board of directors on a wide range of issues, including corporate compliance and fraud and abuse related matters, internal and government investigations, physician compensation arrangements, employment issues, and medical staff related matters.
Mr. Cunningham currently represents the medical staff of a major New Jersey hospital, providing advice to the President of the Medical Staff, the Medical Executive Committee, and senior hospital administration on a variety of matters, including Medical Staff Bylaws related issues, Corrective Action activities, including serving as counsel for the Medical Executive Committee in Fair Hearings, and reporting to the National Practitioner Data Bank and state authorities. Mr. Cunningham also provides representation to physicians and other healthcare professionals in matters before the New Jersey State Board of Medical Examiners and the New Jersey Office of the Attorney General.
Dughi, Hewit & Domalewski, P.C. is excited that Mr. Cunningham has chosen to continue his career with the firm. He will continue to handle complex civil litigation including presentation of hospitals and their medical staffs, physicians, healthcare professionals, pharmaceutical companies and medical device manufacturers, and will add further depth and experience to the firm’s health care law practice.
Dughi, Hewit & Domalewski, P.C. secured a dismissal of a wrongful death lawsuit against a physician based on New Jersey’s COVID-19 Immunity Statute. In Campbell v. Woodcliff Health & Rehabilitation Center, the Appellate Division dismissed the case on appeal. The Appellate Division ruled that New Jersey’s COVID-19 Immunity Statute changed the scope of any common law duty that the defendants owed to the plaintiff’s decedent and that the Immunity Statute limited such duty to one of simply avoiding gross negligence, or worse, in connection with providing medical services during the State’s response to the COVID-19 outbreak in New Jersey. This was a significant litigation victory for our client and is an important ruling for all New Jersey physicians and other health care providers who rendered medical care during the COVID-19 pandemic. The physician was represented by Rachel M. Schwartz and Ryan A. Notarangelo.
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