Winning $7.8M under Pennsylvania’s Novel Anti-Hazing Statute, with Helen Lawless and Mark Fuchs

March 9
58 mins

Episode Description

It was the first case tried to verdict under a Pennsylvania anti-hazing statute that allows civil remedies against Greek life organizations. The team that tried it – Helen Lawless and Mark Fuchs – visit host Brendan Lupetin to explain how they won $7.8 million. It wasn’t easy: They had to show how the college freshman ended at the bottom of a cliff with a BAC of over 0.2. And they had to deflect defense arguments that the student bore personal responsibility. For any plaintiff’s lawyer working on an anti-hazing case, this episode is a must-hear.

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☑️ Helen Lawless | LinkedIn

☑️ Mark Fuchs | LinkedIn

☑️ Kline & Specter on LinkedIn | Facebook | YouTube

☑️ Brendan Lupetin | LinkedIn

☑️ Lupetin & Unatin, LLC

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Episode Preview
  1. In King vs. AST Sorority et. al, Helen Lawless and Mark Fuchs represented the family of Justin King, an 18-year-old freshman at Bloomsburg University who died just two weeks into his college career after attending an alcohol-fueled party co-hosted by a fraternity and a sorority.
  2. This was the first case tried to verdict in Pennsylvania under the state's anti-hazing statute, a law born by the parents of a Penn State hazing victim that allows civil remedies against individuals, organizations, and educational institutions.
  3. A key challenge was establishing causation without a witness to the fatal fall. The team used a digital forensics expert to track Justin's cell phone movements and a forensic pathologist to establish time of death, creating an unbroken chain of causation.
  4. Helen and Mark argued that the sorority’s anti-hazing policies were "paper policies" that were never enforced: The only time national representatives visited the local sorority chapter was after Justin's death, and they arrived with a lawyer.
  5. The defense's strategy of building up a high school friend as a star witness backfired when he testified he wasn't even in Bloomsburg the night Justin died.
  6. The $7.8 million verdict was apportioned 35% to the sorority, 35% to the fraternity, and 24% to Justin, with the largest damages going to lost earnings and Carol King's companionship damages.
  7. The defining moment at trial came when the sorority CEO sat in silence for nearly a minute after being asked whether handing policies to college students was enough to deter hazing—and answered "No."

Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.

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