- Professional Overview
Dean Falavolito is a seasoned litigation attorney with almost two decades of representing businesses and individuals in a wide variety of litigation and corporate matters.
Dean focuses his practice on representing businesses and nonprofit organizations 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 Engineer Insurance (“AE”) claims for a variety of carriers. 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.
Dean has represented employers in disputes involving harassment, discrimination, retaliation, disability, wrongful discharge, wage and overtime claims, and non-compete agreements. He represents management in collective bargaining negotiations, union organization issues and National Labor Relations Board proceedings. He also counsels clients on employment policies designed to minimize exposure to litigation. 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 has years of direct experience in the construction industry, serving as General Counsel for a large general contractor.
Dean regularly appears in federal and state courts throughout Pennsylvania, West Virginia and Ohio, including first chairing multiple jury trial to verdict. Dean has also argued before all of Pennsylvania’s Appellate courts, the National Labor Relations Board, and the Third Circuit Court of Appeals.
In addition to his litigation experience, Dean also counsels his clients on a wide variety of day-to-day legal matters including issues with human resources, contracts, and property agreements.
Some of Dean’s 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 was first-chair for the Defendant. 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 McDonald's 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 employer's 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.
- Cline v. GAI Consultants, Inc. (U.S. District Court, Western District of Pennsylvania). In this disability and age discrimination case, Mr. Falavolito achieved summary judgment on the disability discrimination claim and was able to resolve the age discrimination case the day before jury selection for a fraction of the original amount in dispute.
- 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 Judge's 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 ALJ's decision to apply the correct legal and evidentiary standard.
- Practice Areas
- Education and Admissions
- Clarks Summit University, BS, 2001
- Duquesne University School of Law, JD, 2004
- U.S. Court of Appeals, 3rd Circuit
- U.S. District Ct., W.D. of Pennsylvania
- U.S. District Ct., E.D. of Pennsylvania
- U.S. District Ct., M.D. of Pennsylvania
- U.S. District Ct., N.D. of West Virginia
- U.S. District Ct., S.D. of West Virginia
- West Virginia
- News, Honors, Publications & Speeches
- Pennsylvania Super Lawyers Rising Stars (2014-2018)
- Martindale-Hubbell AV Preeminent (2014-2018)
- ALM, "Top Rated Lawyer, Labor and Employment" (2016)
- “Employee Benefits Basics: ERISA, ACA, WARN, COBRA and more” Pennsylvania Employment Law Seminar, National Business Institute (December 2019)
- "Transitioning Workplace: The Extent to Which Title VII, the EEOC and State Law Extends to and Protects LGBTQ Employees," 12th National Employment Practice Liability Insurance ExecuSummit (Uncasville, CT, September 2016) (panelist) 10th National Employment Practice Liability Insurance ExecuSummit” (Uncasville, CT, October 2015) (panelist)
- “The Bermuda Triangle of the ADA, FMLA, and Workers Compensation in the EPLI Realm: Understanding the Complexities, Creating Solutions, and Reducing Claims," ACI 23rd National Conference on Employment Practices Liability Insurance (New York, NY, July 2014) (panelist) "EPL Risk Management: Best Practices from Cradle to Claim," 9th National Employment Practice Liability Insurance ExecuSummit (Uncasville, CT, April 2014)
- "The PPACA/Obamacare: What Employers Need to Know," Fundamentals of Employment Law Seminar, Morgantown, WV, April 2014) (presenter)
- "Employment Law and Sexual Orientation: Where Are We Now?," Allegheny County Bar Association - Lunch-and-Learn CLE (Pittsburgh, PA, April 2014) (panelist)