Alan S. Gold

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asg@goldferrantelaw.com

Alan S. Gold focuses his practice in the appellate area with a focus on the healthcare industry and medical malpractice defense. He engages in appellate work and trial work in both those areas and insurance defense in the corrections industry, insurance coverage issues, employment litigation, commercial litigation and constitutional torts, including the First Amendment and the Eighth Amendment.

Mr. Gold represents physicians and healthcare organizations in professional liability and appellate work, and has built a national reputation for his work defending doctors and healthcare corporations who provide medical services to prison inmates. He has also led successful representations including First Amendment cases.

Mr. Gold is often described by clients a creative problem solver and scholar of legal history who is adept at changing that history based on client needs. He has been named by his peers as a Pennsylvania Super Lawyer, published by American Lawyer Media and Philadelphia Magazine, every year since 2005. In addition, he is AV preeminent peer review rated with Martindale-Hubbell.

Since starting his private practice in 1979, Mr. Gold has dedicated a minimum of 100 hours annually to Pro Bono legal work, including social security disability and mortgage foreclosure cases as well as matters for prison inmates.

Representative Cases

  • Successfully argued a defamation case in front of the Supreme Court of Pennsylvania for a twelve-year-old boy who had been falsely accused of bringing a weapon to school by a priest and a nun.. The Court had to interpret the deference rule.
  • Successfully argued a case before the Pennsylvania Supreme Court involving a healthcare company sued by a prison guard who claimed he was exposed to MRSA by an inmate because the doctors working for the healthcare provider had not warned staff of this possibility.
  • Successful outcome in a case involving a claim against a mold remediation company by a homeowner. The case required litigation and witness preparation in three states.
  • Successful outcomes in medical malpractice cases involving podiatrists, ophthalmologists and a variety of other specialties. Each of these cases dealt with several issues of first impression.
  • Successfully argued a case involving the right of a string band to march down Broad Street with the other string bands during a parade. This case raised First Amendment issues and was influential in strengthening the rights of individuals and groups to participate in public parades.
  • The firm was involved in an appeal and subsequent post-trial proceedings concerning the duty analysis applicable to nursing homes. This litigation has opened up a variety of issues pertaining to nursing homes which provide nursing homes with a series of opportunities for successful defense which previously did not exist.

Industries

  • Healthcare
  • Insurance
  • Fortune 500 companies
  • Small private corporations

Education

  • University of Virginia Law School – J.D., 1976
  • Dickinson College – B.A., 1973, Phi Beta Kappa, Magna Cum Laude, Honors in Latin

Clerkships

  • The late United States District judge Malcolm Muir, 1976 – 1978

Bar and Court Memberships

  • Pennsylvania, 1976
  • U.S. Superior Court, 1976
  • U.S. Court of Appeals for the Third Circuit, 1981
  • U.S. Court of Appeals for the Fourth Circuit, 1984
  • U.S. Court of Appeals for the Sixth Circuit, 2000
  • U.S. District Court for the Eastern District of Pennsylvania, 1978
  • U.S. District Court for the Middle District of Pennsylvania, 1978
  • U.S. District Court for the Western District of Pennsylvania, 1978
  • U.S. Supreme Court, 1982

Affiliations

  • Pennsylvania Bar Association, Federal Court Committee and Appellate Committee, Committee on Special Education, 1981
  • Philadelphia Bar Association, Professional Responsibility Committee, 1983-1986
  • Montgomery County Bar Association, Federal Courts Committee and Civil Manual Committee
  • Pennsylvania Association for Justice (formerly called the Pennsylvania Trail Lawyers Association)
  • Founding member, Bar Association for the Third Federal Circuit
  • Pennsylvania Supreme Court Advisory Committee on the Rules of Evidence, appointed and served two three-year terms, 1998-2004. The Court asked this Committee to submit proposals concerning changing various State Rules of Evidence. The Court also sent various proposals to the Committee for its opinion.

Public Service

  • The First Judicial District of the Court of Common Pleas of Philadelphia County recently approved Mr. Gold as a Judge Pro Temp.
  • Wyncote Academy, Member of the Board from 2003-present.
  • Zoning Board of Cheltenham Township, Montgomery County, 1995-present.
  • 1979-1983 – A member of the Philadelphia Police and Firemen’s Association for Special Education, which helped the children of police and firemen receive therapy and appropriate education. In some instances, the organization ran its own therapy clinics.
  • 1992-1994 – Then State Representative Jon Fox’s Advisory Committee on Special Education
  • Children’s Crisis Intervention Center – 1987 to 1996, Board Member
  • FAIR, 2002-2005, Board Member and President of the Board from 2003. FAIR presented papers to support the rights of senior citizens. It also provided services to senior citizens.
  • The Harbor League, Board Member from 2005 to the present.
  • Philadelphia Chapter of Myasthenia Gravis Association, 1982-1984.

Writings and Publications

Authored a chapter in Handbook of Lower Extremity Neurology titled “Impact of the Americans with Disabilities Act on Neurological Impairments of the Lower Extremities.”

In 1987 I created an outline for a seminar that I presented in Wilkes Barre, PA, Philadelphia, PA and Pittsburgh, PA for the Pennsylvania Bar Institute. I do not have copies. The Pennsylvania Bar Institute has informed me that it does not keep materials that long. I dealt with 42 U.S.C. §1983 in detail.

In November, 2000, I gave a seminar for the Pennsylvania Bar Institute concerning the Frye rule and how to raise it in state court pursuant to the Pennsylvania Rules of Civil Procedure, including a new court rule that had just gone into effect. I created an outline for it.

Seminars and Speeches

I was on the two panels sponsored by the Pennsylvania Bar Institute and the City of Philadelphia and related to municipal liability. The first one, in 1998, dealt with substantive due process. I was a member of a panel of three lawyers that talked about substantive due process and how it related to municipal liability pursuant to the Fourteenth Amendment of the United States Constitution. A year later, I presented at another seminar sponsored by the City of Philadelphia and PBI relating to the First Amendment and the right of the City to limit or control parades based on a suit in which I was plaintiff’s counsel, Tacynec v. City of Philadelphia, 687 F.2d 793 (3d Cir. 1982).

In 2012, I spoke to the Pennsylvania Podiatry Society in Philadelphia, Pa on keeping appropriate records.

In 2010 and 2011, I spoke to the Pennsylvania Podiatry Society in Philadelphia, Pa on the issue of Medicare, Medicaid claims and DPW claims for reimbursement from third parties for medical expenses.

From 1994 to 2005, I spoke at podiatry conferences or seminars sponsored by Campania Insurance Co. on issues involving HIPAA compliance and keeping appropriate records. I did this in Pittsburgh, PA, Harrisburg, PA, Valley Forge, PA and Philadelphia, PA.

I presented a seminar at Princeton Insurance Co. in Princeton, New Jersey to its employees in 1994 and 1995 concerning its D&O insurance policies and its CGL policies. On behalf of Princeton Insurance Co., I gave lectures about those policies in 1995 and 1996 to various hospital risk managers at State College, PA and Allentown, PA.

In 1994, I gave a short two minute speech in the main hall of the Capitol Building in Harrisburg, PA on the issue of appropriate funding for approved private schools for learning disabled children. I stated that not funding these schools would result in preventing these children from having any meaningful life. No notes or copies of the speech exist.

I spoke to the Pennsylvania Podiatry Society at Hershey, PA in 1993 on the issue of malpractice reform, proposed new legislation and how it affected podiatrists.

In 1977, I gave a speech to the congregation of the Reform Synagogue in Williamsport, PA on the First Amendment and Religious Freedom. In the same year, I presented a similar speech to the Conservative Synagogue in Williamsport, PA, Oheu Shalom, concerning the same topic.