Jenifer Scarcella has more than a decade of experience with healthcare litigation, complex commercial disputes, Employee Retirement Income Security Act (ERISA) matters and healthcare coverage issues.
In her healthcare litigation and insurance law practice, Jenifer is well versed in guiding healthcare insurers in both ERISA and non-ERISA matters, including insurance coverage disputes, contractual disputes, rescission of policies, declaratory judgment actions, and conflicts with healthcare providers.
In the realm of complex commercial litigation, Jenifer regularly handles disputes related to business torts, including cases involving fraud, breach of contract, defamation and reputational harm, and unfair business practices. Additionally, Jenifer represents clients in cases involving premises liability and advises on claims relating to unsafe conditions, construction defects and other factors contributing to personal injury.
Jenifer previously spent nearly a decade at a Philadelphia-based midsize firm.
Featured Representative Matters
Secured summary judgment on behalf of a bank in the U.S. Court of Appeals for the Second Circuit in a complex case involving a multimillion-dollar burglary affecting a safe deposit box.
Secured dismissal on summary judgment of a multimillion-dollar lawsuit in federal court alleging negligence arising out of a bank robbery.
On behalf of an insurance company, secured dismissal on a pre-answer motion to dismiss in the New York State Supreme Court, Commercial Division, of a coverage dispute alleging breach of contract, bad faith, breach of fiduciary duty and violation of New York General Business Law 349.
Secured dismissal on a pre-answer motion in federal court of an action alleging over $15 million in damages for alleged securities fraud, insurance law violations, breach of fiduciary duty and breach of contract.
Secured dismissal on a pre-answer motion to dismiss of an Article 78 proceeding brought against an independent review organization alleging violations of New York Insurance Law, New York State Human Rights Law and the Equal Protection Clause.
Secured dismissal on a pre-answer motion to dismiss of New York General Business Law 349 and tortious interference claims brought against a physician and peer review company.
Secured dismissal on a pre-answer motion to dismiss of a case brought against an expert referral company alleging constitutional violations.
Recognitions
The Best Lawyers in America (Ones to Watch: Commercial Litigation; Insurance Law) (2024-26)
The Best Lawyers in America (Ones to Watch: Insurance Law) (2023)
