Anthony C. Sunseri

Anthony C. Sunseri
Biography
Anthony C. Sunseri has over two decades of litigation experience with Burns White in representing healthcare providers at a variety of levels of care including Level 1 trauma centers, critical care hospitals, urgent care providers, as well as assisted living and long-term care facilities. Mr. Sunseri has represented individual healthcare providers across a broad spectrum of care providers including surgeons, physicians, nurse practitioners, dentists, veterinarians, nurses and pharmacists. Mr. Sunseri has represented some of the largest healthcare providers in the country and State of West Virginia. Mr. Sunseri has counseled his healthcare provider clients in risk management, contract negotiations, and non-compete agreements. Additionally, Mr. Sunseri has extensive experience representing healthcare professionals in matters before State Boards of Medicine and other licensing and reporting issues in Pennsylvania and West Virginia.
Mr. Sunseri also has significant experience litigating employment-related matters, including class actions, wrongful termination, discrimination and wage payment and collection matters. Additionally, Mr. Sunseri has been involved in the counseling and assisting in the drafting of employee policies and procedures, and employee hand books.
Additionally, Mr. Sunseri has broad experience in the handling of products liability cases involving allegations of design defects and failure to warn on behalf of manufacturers, distributors, and retailers. He has also represented design and construction professionals in professional liability claims.
Mr. Sunseri is a graduate of Duquesne University School of Law, and is admitted to practice law in Pennsylvania, West Virginia, the United States District Court for the Northern District of West Virginia, the United States District Court for the Southern District of West Virginia, the Ninth Circuit Court of Appeals, and Fourth Circuit Court of Appeals.
Credentials
Areas of Law
- Professional Liability Litigation
- Healthcare and Long-Term Care
- Medical Malpractice
- Employment Law/Litigation
- Products Liability
Education
- Duquesne University School of Law (J.D. 2001)
- Recipient of the Order of Barrister’s Award
- Appellate Moot Court Honor Society Board, member
- University of Pittsburgh (B.S. 1997)
- Scholar-Athlete All-Academic Team
- Captain of the Men’s Swim Team
- Big East Championship Team (Swimming) member
Bar Admissions
- Pennsylvania
- West Virginia
- The United States District Court for the Northern District of West Virginia
- The United States District Court for the Southern District of West Virginia
- The Ninth Circuit Court of Appeals
- The Fourth Circuit Court of Appeals
Memberships
- American Bar Association
- Pennsylvania Bar Association
- Defense Research Institute
Accolades & Involvement
Community/Civic Involvement
- Wheeling Human Rights Commission, Commissioner (2016-2019)
- Appointed by the Mayor of Wheeling, W.V. to this commission which addresses and investigates issues of diversity, discrimination and human rights.
- Wheeling YMCA Cardinal Aquatics, Head Coach
- Leads a competitive U.S. Swimming and YMCA swim team
- “Employee Handbooks and Policies in the 21st Century”, National Business Institute (2019)
- “Is Your Employee Handbook Up to Date? Essential Components and Sample Policies for Today’s Workplace”, National Business Institute (2018)
- “Critical Issues in FLSA Wage and Hour”, Sterling Education Services (2016)
- “Privacy and Today’s Technology in the Workplace”, Sterling Education Services (2016)
- “Dos and Don’ts of Employee Handbooks”, Sterling Education Services (2014)
- “West Virginia Judicial Update” Claims Professional Conference (2010)
Representative Matters
- Successfully argued matter of first impression before the Pennsylvania Superior Court for claims involving approximately 250 plaintiffs regarding the operation of the Economic Loss Doctrine and Pennsylvania’s Storm Water Management Act, resulting in dismissal of all claims asserted against the excavating professionals.
- Successfully argued appeal before Fourth Circuit Court of Appeals affirming Order granting summary judgment on behalf of insurance broker professionals for asserted claims of professional liability on the issue of the necessity of expert testimony required to support asserted theories of liability.
- Secured defense verdict for corporation providing flagging services in a case in which an employee was fatally struck by a motor vehicle in a construction zone. The employee’s estate filed suit against the flagging service corporation seeking damages. After a two-week jury trial, the jury entered a verdict in favor of the flagging services corporation.
- Successfully argued appeal before West Virginia Supreme Court of Appeals regarding claims subject to West Virginia’s Medical Professional Liability Act, and compliance with requirements for asserting claims subject the Act.
- Secured order granting motions to dismiss on behalf of healthcare provider for claims of negligent hiring alleging that the facility failed to conduct a proper background investigation of an employee, a nursing professional. The nursing professional was subsequently criminally accused of assaulting patients at other healthcare facilities. The court held that there was no cause of action against the rehabilitation facility and dismissed all claims.
- Successfully negotiated repayment of four years-worth of wages to a group of healthcare providers for medical services rendered.
- Secured order granting motion for summary judgment on behalf of a recreational facility for claims asserted under Section 1983. Guests of the facility alleged race discrimination. The defense successfully argued that no state action was involved in the conduct of the recreational facility.
- Obtained order granting summary judgment for West Virginia political subdivision dismissing claims for negligence, witness intimidation, violation of West Virginia’s Freedom of Information Act and intentional infliction of emotional distress in a case involving the prosecution of a law enforcement officer.
- Secured orders for healthcare entities dismissing claims for medical malpractice premised on the expiration of the statute of limitations and under operation of West Virginia’s discovery rule, which serves to toll the statute of limitation.