Attorney Articles
Miami Daily Business Review Publishes Sheehan on e-Discovery Management of Text Messages
March 31, 2025 - Miami Daily Business Review
Noelle Sheehan focuses her practice on complex civil litigation matters from outset to conclusion in state and federal courts across Florida and in Washington, D.C. and Boston, Massachusetts. Her cases involve insurance and general liability defense of matters including personal injury, premises liability, product liability, wrongful death, automobile/trucking liability, negligent security, contract disputes, indemnification disputes, Americans with Disabilities Act compliance, nursing home negligence and medical malpractice. Noelle integrates the various uses of Artificial Intelligence into each area of her practice as this growing technology assumes a larger role in her clients’ affairs. She also handles cannabis law matters.
Noelle is a Florida Supreme Court Qualified Arbitrator. She is a member of Wilson Elser’s National Trial Team and has achieved certification in the firm’s rigorous National Mock Trial Program, through which our most successful trial lawyers impart their knowledge to those destined to join their ranks.
Noelle is a regional representative of the firm’s Medical Malpractice and Health Care Practice. She works closely with clients to address the evolving and complex issues surrounding the use of artificial intelligence (AI) in health care and its medical applications. Noelle advises insurers in the health care space on the importance of compliance with existing state and international laws and educates clients on risk management protocols and the nuances of AI use related to fairness, data privacy and security, and accountability and transparency, among other concerns.
In addition, Noelle has a breadth of real estate E&O defense experience managing and resolving claims on behalf of large national property management and brokerage firms as well as litigating disputes throughout the United States on behalf of real estate brokers, appraisers, title abstractors, home inspectors, insurance brokers, managing agents and broker-dealers. In addition to efficiently managing claims, she assists our real estate professionals in licensing and regulatory matters as well as navigating complex contractual issues, leases and agency agreements; performing due diligence related to acquisitions; helping to ensure fair housing and other applicable statutory and/or local code and regulatory compliance. Noelle’s experience in the insurance and real estate industries results in spot-on analysis of liability and exposure and effective resolution strategies.
Prior to joining Wilson Elser, Noelle was a partner at the largest minority- and women-owned law firm in the country, a full-service business law firm offering a wide variety of legal services to public and private companies, professionals, entrepreneurs and individuals. Previously, she practiced predominately in the Cleveland, Ohio, area where she handled civil litigation cases. Noelle also has experience in the rights, transfer and assignment of oil and gas leases for an Ohio energy company. As an associate attorney, she handled construction litigation, arbitration, corporate entity formation, estate planning matters, and federal and Ohio Historic Preservation Tax Credit applications, including listings on the National Register of Historic Places.
Noelle currently serves as a member of the mentoring committee of Wilson Elser’s Women Attorneys Valued & Empowered (WAVE) initiative, which focuses on the firm’s development and retention of women attorneys, enhancing and strengthening their skills and providing career-advancing opportunities in client service, business development and leadership.
Long-Term Care Facilities and Nursing Homes
Noelle represents owners and operators of long-term care facilities, assisted-living facilities and nursing homes throughout Florida in lawsuits involving allegations of medical negligence, corporate negligence, administrative negligence, inadequate staffing, wrongful death and statutory violations of residents’ rights. She has developed successful strategies to position these cases substantively and procedurally for the best possible resolution. Noelle is knowledgeable in state and federal regulations regarding long-term care facilities. Nursing home litigation, fueled by the relative absence of caps and the awarding of outsized punitive damages, has increased dramatically over the past few years. Intimately familiar with related state and federal regulations, Noelle defends nursing home malpractice claims through all phases of litigation. She also implements carefully crafted strategies that are designed to limit or avoid punitive damages available to plaintiffs under statute.
Medical Malpractice
Noelle focuses on the defense of physicians and hospitals in medical malpractice cases arising in all areas of medical specialty. Her knowledge in defending medical malpractice claims coupled with the firm’s heritage and continued strength in insurance defense attracts a growing clientele. To mount more effective defenses, Noelle consults medical experts from several of the nation’s most respected institutions, including surgeons and professors from leading teaching hospitals and authorities from the National Institutes of Health. She knows that the best way to counter medical malpractice lawsuits is to prevent their occurrence. She recognizes when medical practice and facility operations can be modified to reduce the risk of professional liability claims, and consults in those areas.
General Liability
Upon receipt of a claim, Noelle formulates a plan designed to determine likely exposure, identify resolution options and ultimately conclude in outcomes that adhere to prescribed guidelines. She knows that her clients prefer quick and cost-effective resolutions to complex and potentially protracted liability cases and that “shelf life” is as important as any other substantive issue in handling files. Noelle accelerates turnaround through procedural dismissals, substantive dismissals, successful tenders and negotiated settlements.
Cannabis
Noelle advises medical professionals within the legalized cannabis industry and organizations outside the industry impacted by the rapidly evolving state and federal regulatory landscape. She also advises employers on cannabis coverage under state benefits, accommodation of medical marijuana and the legalities of medical marijuana.
Complex Tort
Upon gaining a thorough understanding of a client’s specific requirements and areas of potential exposure, Noelle helps the client understand their risk profile and potential liability exposure. As appropriate, she assists in the development of company policies, contracts, site modifications or processes designed to reduce risk and liability exposure.
Product Liability
Noelle defends manufacturers, distributors and retailers in complex product liability litigation against allegations of defective product design, defective manufacturing, inadequate warnings and strict liability. She has obtained a voluntary dismissal with prejudice at mediation. Noelle works closely with clients to identify potential risks involved in product use and addresses product safety and liability prevention issues as they arise. She reviews and consults on product warnings, introductions and manuals.
Construction
Noelle actively defends contractors and subcontractors in construction defect matters. She also represents companies against allegations of liability involving catastrophic bodily injury and death, ordinance and zoning violations, and statutory violations.
Negligent Security
When an incident occurs related to negligent security, Noelle conducts an on-site investigation and works with management to preserve documentary evidence. She also conducts fact witness interviews and works with third-party entities and others to obtain evidence. Noelle performs a thorough claims assessment to seek dismissal of weak elements and concentrate her defense on the more serious allegations.
Artificial Intelligence
Noelle keeps abreast of AI-based technologies as they enter uncharted territory. She works with the various practices at Wilson Elser as they refine services to suit clients’ changing needs, from the software they want to the security they need. She helps develop and execute business models that minimize risk and provide for immediate and appropriate action should technologies be compromised.
Noelle Sheehan focuses her practice on complex civil litigation matters from outset to conclusion in state and federal courts across Florida and in Washington, D.C. and Boston, Massachusetts. Her cases involve insurance and general liability defense of matters including personal injury, premises liability, product liability, wrongful death, automobile/trucking liability, negligent security, contract disputes, indemnification disputes, Americans with Disabilities Act compliance, nursing home negligence and medical malpractice. Noelle integrates the various uses of Artificial Intelligence into each area of her practice as this growing technology assumes a larger role in her clients’ affairs. She also handles cannabis law matters.
Noelle is a Florida Supreme Court Qualified Arbitrator. She is a member of Wilson Elser’s National Trial Team and has achieved certification in the firm’s rigorous National Mock Trial Program, through which our most successful trial lawyers impart their knowledge to those destined to join their ranks.
Noelle is a regional representative of the firm’s Medical Malpractice and Health Care Practice. She works closely with clients to address the evolving and complex issues surrounding the use of artificial intelligence (AI) in health care and its medical applications. Noelle advises insurers in the health care space on the importance of compliance with existing state and international laws and educates clients on risk management protocols and the nuances of AI use related to fairness, data privacy and security, and accountability and transparency, among other concerns.
In addition, Noelle has a breadth of real estate E&O defense experience managing and resolving claims on behalf of large national property management and brokerage firms as well as litigating disputes throughout the United States on behalf of real estate brokers, appraisers, title abstractors, home inspectors, insurance brokers, managing agents and broker-dealers. In addition to efficiently managing claims, she assists our real estate professionals in licensing and regulatory matters as well as navigating complex contractual issues, leases and agency agreements; performing due diligence related to acquisitions; helping to ensure fair housing and other applicable statutory and/or local code and regulatory compliance. Noelle’s experience in the insurance and real estate industries results in spot-on analysis of liability and exposure and effective resolution strategies.
Prior to joining Wilson Elser, Noelle was a partner at the largest minority- and women-owned law firm in the country, a full-service business law firm offering a wide variety of legal services to public and private companies, professionals, entrepreneurs and individuals. Previously, she practiced predominately in the Cleveland, Ohio, area where she handled civil litigation cases. Noelle also has experience in the rights, transfer and assignment of oil and gas leases for an Ohio energy company. As an associate attorney, she handled construction litigation, arbitration, corporate entity formation, estate planning matters, and federal and Ohio Historic Preservation Tax Credit applications, including listings on the National Register of Historic Places.
Noelle currently serves as a member of the mentoring committee of Wilson Elser’s Women Attorneys Valued & Empowered (WAVE) initiative, which focuses on the firm’s development and retention of women attorneys, enhancing and strengthening their skills and providing career-advancing opportunities in client service, business development and leadership.
Noelle Sheehan (Partner-Orlando) and Molly J. Durso (Associate-Orlando) obtained summary judgment in the Second Judicial Circuit Court, Leon County, Florida, on behalf of Wilson Elser’s client, a franchisee of a national hotel chain. In this protracted premises liability case, the plaintiff alleged that the steps at the hotel’s main entrance constituted an unreasonably dangerous condition, causing her to trip and fall. Using the plaintiff’s own deposition testimony, Noelle and Molly argued that the steps were not a dangerous condition but rather were an open and obvious feature of which the plaintiff was well aware, and that the subject incident was caused by the plaintiff’s negligence rather than that of our client. The court was persuaded by Wilson Elser’s arguments and granted the motion for summary judgment, ending more than 2.5 years of contentious litigation.
Noelle K. Sheehan and Molly J. Durso
Jacqueline Bertelsen (Of Counsel-Orlando) Noelle Sheehan (Partner-Orlando) and Melissa Krepps (Of Counsel-Orlando) successfully had their summary judgment victory upheld in the Florida Sixth Circuit Court of Appeal in a nursing home negligence and wrongful death lawsuit. Noelle and Melissa relied on provisions of an asset purchase agreement to prevail on their motion for summary judgment. Following the entry of summary judgment, the plaintiff moved for rehearing. Noelle and Melissa brought in Jacqueline Bertelsen from the firm’s Appellate Practice group to assist. Jacqueline opposed the motion for rehearing as untimely, and the trial court agreed. The plaintiff then appealed to Florida’s Sixth District. The Sixth District issued an Order to the plaintiff to show cause as to why the appeal should not be dismissed as untimely. The plaintiff argued that the untimely appeal was due to counsel’s excusable neglect. Jacqueline worked with Noelle to prepare a comprehensive response brief that demonstrated the legal insufficiency of the plaintiff’s brief and revealed factual inconsistencies between the plaintiff’s argument and the record. As a result, the Sixth District dismissed the appeal and upheld summary judgment for our client. This victory demonstrates how Wilson Elser’s attorneys work seamlessly across practice areas to deliver successful client outcomes.
Jacqueline M. Bertelsen, Noelle K. Sheehan and Melissa D. Krepps
Noelle Sheehan (Partner-Orlando, FL) and Melissa Krepps (Of Counsel-Orlando, FL) secured summary judgment in a nursing home negligence lawsuit involving claims brought by the estate of a former patient. The plaintiff alleged negligence related to care provided at our client’s facility. However, through diligent investigation and presentation of undisputed material facts, Noelle and Melissa demonstrated that our client neither owned nor operated the facility during the patient’s residency and had no involvement in his care or treatment. The facility was acquired by our client after his discharge, and the asset purchase agreement expressly excluded any liabilities for prior residents’ claims. The Circuit Court of the Tenth Judicial Circuit in and for Polk County, Florida, agreed with our position, finding that the defendant owed no duty to the estate and could not be held liable for any alleged negligence. As a result, summary judgment was granted in favor of our client, bringing a successful resolution to a case that had been active for several years.
Noelle K. Sheehan and Melissa D. Krepps