Hernandez, Arnulfo D.

Ed Schwartz focuses his practice on the defense of claims made and suits brought against lawyers, physicians, nurses, and real estate brokers in a variety of professional liability matters. He has developed an extensive trial and appellate practice, serving as first chair in some 30 trials and has represented clients in dozens of mediations.  In addition, Ed has handled complex matters involving civil RICO, Stark Law litigation and compliance issues dealing with health care finance regulations. Ed has also been engaged in IRS litigation representing tax payers before various taxing authorities, and is admitted before the U.S. Tax Court.

Early in his legal career, Ed developed a strong background in legal research, and continues to write his own appellate briefs. His early experience contributed to his subsequent involvement in various national class actions for several firms in Texas and Florida. As well, Ed contributed to the research and drafting of an article that appeared in the Vol. 5, No. 1 (1995) newsletter of the ABA's Class Actions and Derivative Suits Committee.

Presently, Ed is a member of the Pennsylvania Bar Association's sub-committee on Professional Responsibility and Ethics. He is frequently asked to serve as a speaker on professional ethics and malpractice avoidance at both state and county bar association functions throughout the state and has served as a moderator and presenter at more than a dozen professional liability seminars. Recently Ed became a member of the Professional Liability Defense Federation and is a regular presenter for Minnesota Lawyer’s Mutual seminars in central Pennsylvania.

Ed is Honorably Discharged from the United States Army Reserve, where he served as a commissioned officer and trial counsel in the Judge Advocate General's Corps. Ed has received several acknowledgments and awards for his research and analysis on biochemical terrorist response and vaccination protocols for personnel of the armed forces.

In 2005 and 2006, Ed was recognized as a "Rising Star" in the Super Lawyers advertising supplement of Philadelphia Magazine. He has also been named as one of the "Top 40 Under 40" in the central Pennsylvania region.

When not practicing law, Ed is involved in many community activities, including several youth athletic programs. As well, he is deeply committed to the Penn State Four Diamonds campaign as well as the National Multiple Sclerosis Society wherein he was recognized as a member of the MS Leadership Class of 2006.

Significant Representative Matters

• Successfully obtained a defense verdict a complex legal malpractice action wherein the underlying issue focused on an attorney's alleged failure to protect a spouse's entitlement to a portion of her husband's military pension in an underlying divorce proceeding. Verdict upheld on appeal by the Superior Court and review denied by the Supreme Court.
  
  
• Obtained summary judgment in an adversarial proceeding alleging legal malpractice in the context of a bankruptcy proceeding. Allegations of malpractice involved issues of an attorney's failure to properly draft and review closing documents on a series of multi-million dollar USDA guaranteed loans for business purposes for which the plaintiff had ultimate personal exposure.
  
  
• Obtained summary judgment in favor of criminal defense counsel in a legal malpractice action in state court action and further defended similar claims asserted by same litigant against counsel in federal court action brought under the guise of civil rights claims under 42 U.S.C. 1893. Summary judgment upheld by Superior Court.
  
  
• Managed, controlled, and served as primary defense counsel in multi-jurisdictional legal malpractice action commenced in five different states. Successfully had all claims removed to their respective federal courts and ultimately transferred to Middle District of Pennsylvania wherein a dismissal was obtained.
  
  
• Obtained summary judgment in legal malpractice action regarding a claimant's allegations that attorney failed to raise and adequately preserve certain claims in a workers' compensation matter that resulted in alleged damages in excess of $500,000. Summary judgment upheld by Superior Court.
  
  
• Successfully defended legal malpractice claims involving allegations of inadequate representation of claimant in state human relations commission claims and subsequent federal whistleblower claims. Summary judgment obtained and ultimately affirmed by U.S. Court of Appeals for the Third Circuit.