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Gregg W. Mackuse is counsel in the firm’s Commercial Litigation Practice Group and has extensive litigation experience in prosecuting and monitoring complex litigation matters effectively and efficiently to achieve client objectives. Specifically, for almost two decades, Gregg has handled and participated in virtually the entire spectrum of complex commercial litigation, including:
Successfully litigating complex insurance recovery matters;
Conducting internal investigations and preparing analyses of possible corporate misconduct by management and outside professionals;
Participating in complex health care fraud litigation involving extensive document discovery, substantial fact and expert discovery and detailed motion practice throughout the United States;
Monitoring and participating in multi-state litigation initiated against numerous individuals and entities, including banks, investment advisers and outside professionals; and
In federal multi-district litigation, assisting in the monitoring and oversight of hundreds of claims in connection with a nationwide class action settlement.
In General. Gregg is a member of the Philadelphia and Pennsylvania Bar Associations. At graduation from Villanova School of Law, Gregg was awarded membership in the Order of the Coif.
Representative matters include:
Co-counsel in proposed class action against health insurance company asserting claims for violation of Pennsylvania Non-Profit Law, breach of contract and breach of fiduciary duty. Pennsylvania Supreme Court reversed intermediate appellate court’s dismissal of action.
Co-counsel in representation of two former employees in health care fraud litigation under Federal False Claims Act. Action involved the productions of millions of pages of documents, more than one hundred (100) fact and expert witness, numerous discovery disputes, extensive motion practice and preparation for trial. Following extensive mediation, matter resulted in substantial settlement.
Represented a corporate client seeking the recovery of defense costs under a directors and officers liability policy. The client had been sued in two separate actions by former employees alleging multiple causes of action. Under the relevant D&O policy, the insurer had an obligation to advance defense costs upon request of the insured. Despite a demand from the insured, the carrier denied coverage and refused to reimburse the insured. The district court granted summary judgment to the client for the recovery of defense costs under the directors and officers policy.
Represented major academic institution seeking the recovery of defense and settlement costs in connection with class action based on two research studies conducted by the institution. On behalf of the client, successfully obtained significant portion of settlement, as well as the recovery of all legal fees and costs.
Represented state insurance commissioner in multistate litigation handling and monitoring numerous litigations involving broker and investment adviser liability, lender liability, professional liability and fraudulent conveyances in effort to recover millions of dollars in assets. Representation included conducting internal investigation of corporate records and employees and the preparation of detailed legal analyses concerning proposed litigation.
Multi-year massive professional liability action on behalf of state insurance commissioner against former managing general agent and its parent company, encompassing virtually every aspect of the insurance industry including underwriting, primary and excess coverage, actuarial services and claims handling. Matter was resolved for a total settlement of $51.6 million.
Represented the Insurance Commissioner of the Commonwealth of Pennsylvania, as statutory liquidator for an insolvent insurer, successfully challenging actions by a financial institution seeking to set-off, as counterclaims and affirmative defenses, alleged debts of an agent of the insolvent insurer against tort claims of the statutory liquidator. | 