Dean F. Falavolito


Offices: Pittsburgh | Philadelphia

Direct: 412-790-3021

Fax: 412-790-3025

  • Professional Overview

    Dean Falavolito has been representing corporations, professionals, and employers in a wide variety of litigation and corporate matters for almost two decades.

    Dean’s 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 Pennsylvania’s 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 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 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 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.
    • 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

    States Licensed

    • Ohio
    • Pennsylvania
    • 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)