Attorney Articles
CLM Publishes Silvestri on Third-Party Litigation Funding
April 23, 2024 - CLM Magazine
Michael Silvestri defends companies in all areas of civil litigation, particularly the defense of companies and individuals in product liability and insurance defense matters. Mike also advises companies on labor and employment matters. In addition, Mike represents insurance companies in coverage matters, including monitoring and coverage determination focused on coverage for professional errors and omissions (E&O) and lawyers (LPL).
Prior to joining Wilson Elser, Mike worked at a boutique civil litigation firm in Baltimore, where he focused on product liability, tort and insurance defense, business, and labor and employment matters.
Product Liability
Mike has successfully defended numerous complex matters involving various products manufactured in the United States and abroad, including commercial and consumer products. The firm’s national practice represents not only U.S.-based businesses but also foreign manufacturers confronting exposures arising from U.S. products liability litigation.
Complex Tort & General Casualty
Mike focuses his complex tort and general casualty practice on premises liability, wrongful death, and automobile accident matters. He has defense experience in all areas of the litigation process and a wide variety of general liability matters. Mindful of the increasing economic pressures under which our clients conduct their businesses, Mike places the highest premium on resolving claims quickly and efficiently.
Insurance Coverage, Professional Liability
Mike’s capabilities include serving as coverage counsel on legal professional liability (LPL) and errors and omissions (E&O) matters. He handles matters for primary and excess insurance companies, evaluating, negotiating, and resolving coverage issues and claims for such insurers. Mike also works cross-practice with other functional areas within our firm, bringing these resources to assist with the growing number of challenges that arise in various facets of a case, including cyber risk, privacy rights, employment law, management liability, government affairs, unfair competition, class actions, and commercial and transactional services.
Michael J. Silvestri (Of Counsel-Baltimore, MD) and Pascal Moleus (Associate-Baltimore, MD) obtained summary judgment in favor of a client utility contractor, resulting in dismissal of a negligence claim over a construction laborer who was involved in a manhole cover explosion at a construction site, resulting in serious injuries to the laborer’s head and abdomen and the amputation of two of the laborer’s right foot toes. In granting the motion, the Circuit Court for Baltimore City, Maryland, found that the laborer alleged professional negligence against the utility contractor but failed to produce required expert testimony establishing either the professional standard of care owed by the utility contractor or causation.
Michael J. Silvestri and Pascal Moleus
Maryan Alexander (Partner-Baltimore, MD) and Michael Silvestri (Of Counsel-Baltimore, MD) obtained summary judgment in the Circuit Court for Baltimore City on behalf of a title insurance producer sued for allegedly failing to notify the plaintiffs/buyers of an open Building Code violation prior to closing in a real estate transaction. More than a year after the plaintiffs/buyers purchased the property, Baltimore City filed a receivership action, resulting in plaintiffs/buyers incurring significant expense in repairs to abate the Building Code violation. The plaintiffs/buyers sued the title insurance producer on counts for breach of contract, negligence, violation of the Maryland Consumer Protection Act and fraud. The court granted summary judgment in favor of the title insurance producer on the basis that it had no duty, in contract or in tort, to search for or disclose the Building Code violations, which are not a cloud on title. The court also dismissed the violation of the Maryland Consumer Protection Act claim, agreeing that the Act expressly excludes title insurance producers from the statutory scheme, and the fraud claim for not being pled with the requisite specificity. The action is continuing as to other defendants.
Maryan Alexander and Michael J. Silvestri