Visiting the On what principle was Rebar Kelly formed? How has the journey been to date?
Rebar Kelly was formed upon the principle that long-term relationships flow naturally from recognizing that our clients are our true partners. We understand that problems come in all shapes and sizes. Our lawyers have tried hundreds of cases to a successful verdict and have served as lead counsel in some of the insurance industry’s most high-profile cases. However, it is critical to note that our enthusiasm in litigating challenging cases is tempered with common sense that expedient and cost-effective resolutions are often the best way to serve our clients. By taking time to understand your business and engaging in innovative solutions, we can usually assist you in resolving matters before they lead to extensive costs or substantial exposure.
What was the company’s biggest challenge, and what did you learn from it?
Covid was a massive challenge for everyone across industries. The legal industry in particular – at least the way this firm operates – is very collaborative. Rebar Kelly is an in-office operation, so it was a massive shift. However, by always staying on top of technological advances, the firm was able to make the transition pretty seamless. Every person at this firm changed how they worked to adapt to the new normal without passing any burdens onto other employees or clients. I am really proud of the staff and their dedication to making it work. We have attorneys who had kids doing remote learning, depositions, and reports due – all before 10 AM some days. Everyone was juggling responsibilities, but in the end, we were able to succeed in a challenging environment under trying circumstances.
Legal work requires a lot of analytical thinking and research. How do you maintain efficiency in your service?
The firm runs 24/7 – it is the reality of the industry. Everyone at the firm is always thinking about the best way to get the best result for the client. Our motto is “Do what you do so well that they will want to see it again and bring their friends.” – Walt Disney.
Can you talk about any recent achievement or success?
Raynor v. Messa (PA Supreme Court 2020) – In a case that received national attention, we obtained dismissal of a Dragonetti Act claims against a well- known plaintiffs’ attorney and his firm that arose out of an intra-litigation Motion for Contempt. In this matter, the plaintiff, a Philadelphia defense attorney, filed a civil action in Philadelphia County against a number of plaintiffs’ attorneys and their firms, alleging that a Motion for Contempt filed against her in a 2012 medical malpractice trial was frivolous and filed in bad faith. During the trial, the plaintiff, who represented one of the physician defendants, had failed to inform her expert witness of a Court order precluding reference to the decedent’s smoking history. While a verdict was entered in favor of the decedent, the Court granted a Motion for a new trial, in part because of the improper mention of the smoking history. The Court also granted a Motion for Contempt filed against the plaintiff because of the smoking reference and imposed nearly $1 million sanctions against her and her firm. Ultimately, the Superior Court reversed the Contempt Order and vacated the sanctions. Plaintiff and her firm then filed a Complaint against her opposing counsel under the Dragonetti Act, alleging that the Motion for Contempt filed was “wholly unsupported by fact and law” yet was pursued “for the vindictive purpose of destroying [her] professional livelihood and personal life.” The Trial Court dismissed the Complaint with prejudice, holding that “civil proceedings” under the Dragonetti Act did not encompass an intra- litigation Motion for Contempt. The Superior Court reversed the Trial Court, holding that the Contempt Motion“represented the procurement, initiation, or continuation of civil proceedings for purposes of Dragonetti liability.” On appeal, the Supreme Court reversed the Superior Court and upheld the Trial Court’s dismissal of the Complaint with prejudice, holding that motions filed within a case do not constitute “civil proceedings” under the Dragonetti Act. This is now the seminal case on Wrongful Use of Civil Proceedings and the Dragonetti Act in the Commonwealth of Pennsylvania.
Meet the Founder
Cathleen Kelly Rebar is the Founder and the Managing Partner of Rebar Kelly. The firm specializes in representing insurance companies in coverage and liability cases. In response to the new challenges presented by the pandemic, Cathleen has expanded her representation to include matters related to COVID-19.
As an award-winning attorney and fierce litigator with an impressive record of victories in the courtroom, Cathleen has acted as lead counsel in some of the insurance industry’s most high-profile cases and served as an elected magisterial district judge in Montgomery County, Pennsylvania, for over ten years. With almost two decades of experience, she leads a team of lawyers who have tried hundreds of cases to successful verdicts.
“Rebar Kelly was formed upon the principle that long-term relationships flow naturally from recognizing that our clients are our true partners.”
