Growth and Success of the Firm

As time passed, growth seemed imminent. In 1981, Lawrence R. Cohan joined Anapol Schwartz after serving as a law clerk for the Honorable Harry A. Takiff, a pre-eminent Philadelphia judge who organized and ran the emerging asbestos docket in Philadelphia County. With Larry's expertise, Anapol Schwartz took on a whole new practice: that of actively representing asbestos victims. 1982 marked more growth at Anapol Schwartz when Joel Feldman joined the firm in March as its seventh attorney in only its fifth year of existence.

During 1982, Larry Cohan helped break new ground in collective bargaining agreement law in Rutledge v. SEPTA. After Larry's arguments, the court decided that employees discharged while working under a collective bargaining agreement are entitled, at a minimum, to a full hearing with the presentation of evidence and cross examination of witnesses prior to any final discharge.

Alan Schwartz continued to set the standard for outstanding verdicts outside the City of Philadelphia in Comegys v. Dorsey and Chloroben Corporation, 464 A.2d 886 (Del. 1983). This negligence and breach of contract case was tried in Wilmington, Delaware for serious and permanent facial and body scarring to a young girl who came in contact with sulfuric acid in the household product, Drainsnake. Drainsnake did not have a child resistant cap, thus enabling the girl to spill the contents of the sulfuric acid on her face and body. The jury awarded compensatory and punitive damages in the case, which at that time, was the largest punitive damage verdict in a personal injury case awarded in the state. Alan convinced the Delaware Supreme Court, in an unusual circumstance, to take testimony during arguments on a constitutional issue. This testimony proved crucial on holding the jury's punitive damage award.

1984 marked the addition of another new attorney to the ranks of Anapol Schwartz, Bernard W. Smalley.

In 1985, several landmark cases were favorably decided for Anapol Schwartz and its clients. Sol Weiss and Paul Anapol achieved a landmark decision in Alfiero v. Berks Mutual Leasing Co., 500 A.2d 169 (Pa. Super. 1985) in which CNA Insurance Company was forced to pay an amount its insured agreed to pay to protect its personal assets. CNA argued unsuccessfully that it had no legal duty to indemnify the insured until it personally paid the judgment. This precedent has helped both victims and small corporations settle serious personal injury cases when the insurance company would rather delay or unjustly deny payment. The firm also set another legal precedent in 1985 in Amadio v. Levin, et al., 509 Pa. 199, 501 A.2d 1085 (1985), when the Supreme Court of Pennsylvania reversed existing law by permitting wrongful death and survival actions on behalf of a viable but stillborn fetus. Until this Decision, parents could not recover for preventable stillborn births. Continuing on a successful year, the firm obtained a $1.3 million dollar verdict for our client who suffered disabling psychological injuries but little physical damage in Barnes v. SEPTA. Barnes, a sanitation worker for the City of Philadelphia was standing on a trash truck that was sideswiped by a SEPTA bus. SEPTA initially offered to settle the case for $10,000 prior to trial, calling Barnes a malingerer. The jury was not persuaded by those remarks. Finally, at year's end, the firm was successful in a personal injury action on behalf of a minor against a plastic surgeon and hospital for negligence and lack of informed consent in Peek-White v. Children's Hospital of Philadelphia and Caplan. In this case, a young black male of small stature had his ears reduced, but was left with unsightly scars. The mother of the child was never informed of the possible scarring risks involved in this simple, yet elective procedure. The jury awarded the plaintiff two million dollars.

Alan Schwartz spent two weeks in 1986 trying a wrongful death and survival action in Dauphin County, Pennsylvania. The case, Clark v. Hoener, M.D., et al., was the largest known victory in Harrisburg at $650,000, and reputed to be the first malpractice case that was successfully concluded in that County.

After T.V. Consumer Advocate and former Insurance Commissioner of Pennsylvania, Herb Dennenberg aired a series of exposés about ARCO gasoline sold in Pennsylvania and New York, blaming a methanol additive for causing engine sluggishness and unanticipated stalling in cars. Sol Weiss started a class action for AM/PM Mini Market operators against Atlantic Richfield, seeking to recover profits lost as consumers in the area boycotted Arco Gas Stations. In 1995, nine years in the making, Arco settled this class action lawsuit for supplying defective gasoline, and the settlement was approved.

In 1987, David Jacoby defined New Jersey law when he successfully argued before the New Jersey Supreme Court that employees could directly sue their employer in civil court for money damages whenever the employer fraudulently conceals medical information. This rule does not apply to the Workers' Compensation Court. The case, Millison v. DuPont was tried in 1989, and the jury awarded $1.5 million dollars in punitive damages against Dupont for fraudulently concealing Millison's medical records. David Jacoby again took on DuPont in 1996, this time forcing them to pay a multi-million dollar settlement when it fraudulently concealed the toxic effects of its tetra-ethyl lead additive in gasoline.

As the firm became renowned for its personal injury litigation, more landmark decisions came to the forefront for our attorneys. In 1988, Joel Feldman and Paul Anapol established the right of passengers in trucks operating in interstate commerce to obtain full compensation for their injures under federal law and not be limited by state worker's compensation statutes in Wilkerson v. Allied Van Lines. In Smith v. BIC Corporation, the Third Circuit directed disclosure of BIC's butane lighter's claim experiences when plaintiff's counsel refused to enter into a Confidentiality Agreement. This was the first case nationally to obtain such documents without a Protective Order, successfully argued by Alan Schwartz with the assistance of Howard Levin. This meant that other burn victims would have complete access to all other burn claims. After assisting Paul Anapol for four years, Bernard Smalley obtained a million dollar verdict in Kuys v. Berkowitz, after the defense lawyer argued that his expert witness, with an eighty-six page resume, must be believed. In rebuttal, Bernie told the jury that Richard Nixon had a longer resume, and he lied, thus confirming Bernie's courtroom experience. Not long after, Bernie was made an equity partner of the firm.

By 1990, the firm had grown to include fourteen attorneys, and the 1900 Delancey Place facility no longer afforded enough space for the firm to work comfortably. The firm purchased a second townhouse at 1710-12 Spruce Street, which became the new home for the Toxic Tort group. The firm also recognized the potential for growth in the Southern New Jersey law market, and in 1990, opened its New Jersey office with Larry Cohan as the Managing Partner. Larry also went on to become a New Jersey Certified Civil Trial Attorney. Due to such growth, the need for a managing shareholder was recognized, and in 1991, Joel Feldman was elected to this position, which he still holds today.

2002 marked a milestone in any law firm's history; the 25th anniversary of the firm's founding. In February of 2002, Anapol Schwartz was named one of Pat Sumerall's "Success Stories", and Alan Schwartz and Sol Weiss were interviewed by Mr. Sumerall. (Click here to see the interview). The firm was also cited by the Mayor of Philadelphia, the Philadelphia City Council and the United States Congress for twenty-five years of dedicated service to the legal profession.

Personal injury law firms have faced a changing landscape as a result of tort reforms implemented since the mid-1970s. Anapol Schwartz has confronted these changes and evolved into a multi-faceted, regional practice representing victims of civil injustices. While historically considered a "personal injury" firm, Anapol Schwartz has grown by diversifying its practice into new areas of law including securities and employment litigation. But the firm does not forget its roots, maintaining its traditions of excellence in medical malpractice, pharmaceutical, toxic tort, class actions, products liability and automobile accident litigation. As the future unfolds, Anapol Schwartz will continue to work tirelessly to preserve the American justice system.