Dean F. Falavolito

Overview

Dean Falavolito brings over two decades of proven skill and successful results representing corporations, professionals, and employers in complex litigation and corporate matters. His practice spans employment law, professional liability, and construction litigation, with a focus on high-stakes casualty claims. Dean’s ability to navigate intricate insurance coverage issues, including Employment Practices Liability Insurance, Directors and Officers Insurance, and Architects and Engineers Insurance, distinguishes him as a trusted advocate for both businesses and insurers.

Litigation is a core strength for Dean, who regularly appears in federal and state courts across Pennsylvania, West Virginia, and Ohio. He has led multiple jury trials as first chair and argued before Pennsylvania’s appellate courts, the National Labor Relations Board, and the Third Circuit Court of Appeals. His courtroom experience equips him to handle complex disputes efficiently while protecting clients’ interests at every stage.

Dean’s practice also includes counseling businesses on daily legal matters, from human resources compliance to contract review and operational guidance. He represents employers in claims involving harassment, discrimination, retaliation, wage disputes, and non-compete enforcement. Additionally, Dean advises corporations and owners on professional liability, shareholder agreements, and commercial litigation, providing comprehensive support tailored to each client’s unique challenges.

Experience

• Johnson v. NEED (U.S. District Court, Western District of Pennsylvania): religious discrimination claim alleging failure to accommodate religious beliefs and retaliation against a Pittsburgh-area non-profit; first-chaired the defense of the employer, and after a week-long trial, the jury returned a verdict in favor of the employer
• Baughman v. Cheung Enterprises (U.S. District Court, Middle District of Pennsylvania): disability and age discrimination case against a McDonald's franchise; won summary judgment on the disability discrimination claim and first-chaired a three-day trial where the jury returned a verdict for the employer on the age discrimination claim
• Schmidt v. Pennsylvania Turnpike Commission (U.S. District Court, Western District of Pennsylvania): disability discrimination case focused on an employer's obligations when an employee is in drug and alcohol rehabilitation; won full summary judgment for the Turnpike Commission, with the Judge ruling that the employer met its obligations under the ADA and was not otherwise prevented from terminating the plaintiff for failure to follow work procedures
• National Labor Relations Board v. MCPc, Inc. (Third Circuit Court of Appeals); Unfair Labor Practice Charge filed by the NLRB and successfully argued to the Third Circuit Court of Appeals that the Administrative Law Judge's decision against the employer was not based on the correct legal standard and against the weight of evidence; in a precedential decision, the Court of Appeals agreed, and reversed and remanded the ALJ's decision to apply the correct legal and evidentiary standard

Honors & Presentations

Honors

• AV Preeminent Rating, Martindale-Hubbell AV, 2014 to Present
• Rising Star, Pennsylvania Super Lawyers, 2014-2018
• Top Rated Lawyer, Labor and Employment, ALM, 2016

Presentations & Speeches

• Speaker, “2024 Supreme Court Review: ‘Bankruptcy, Civil Rights, and Politics…oh my!’,” BACK TO SCHOOL: AN IN-HOUSE PRIMER, ACC Western Pennsylvania, 2024
• Panelist, “You Can’t Say that on Social Media – or can You?”  2026 CLM Conference, Orlando, Florida
• Panelist, “ADA in the Post-COVID Workplace and the Impact of the SCOTUS Decision in Stanley v. City of Sanford,” 19th National Employment Practice Liability Insurance ExecuSummit
• Panelist, “Politics, Persuasion and the Winds of Change,” 18th National Employment Practice Liability Insurance ExecuSummit
• Panelist, “Employee Benefits Basics: ERISA, ACA, WARN, COBRA, and more,” Pennsylvania Employment Law Seminar, National Business Institute, December 2019
• Panelist, "Transitioning Workplace: The Extent to Which Title VII, the EEOC, and State Law Extends to and Protects LGBTQ Employees," 12th National Employment Practice Liability Insurance ExecuSummit, Uncasville, CT, September 2016, and 10th National Employment Practice Liability Insurance ExecuSummit, Uncasville, CT, October 2015
• Panelist, “The Bermuda Triangle of the ADA, FMLA, and Workers' Compensation in the EPLI Realm: Understanding the Complexities, Creating Solutions, and Reducing Claims," ACI 23rd National Conference on Employment Practices Liability Insurance, New York, NY, July 2014
• "EPL Risk Management: Best Practices from Cradle to Claim," 9th National Employment Practice Liability Insurance ExecuSummit, Uncasville, CT, April 2014
• Speaker, "The PPACA/Obamacare: What Employers Need to Know," Fundamentals of Employment Law Seminar, Morgantown, WV, April 2014
• Panelist, "Employment Law and Sexual Orientation: Where Are We Now?" Allegheny County Bar Association - Lunch-and-Learn CLE, Pittsburgh, PA, April 2014

News

Professional

• Member, CLM, 2010 to Present
• Member, Allegheny County Bar Association, 2004 to Present

Community

Dean regularly volunteers his time at his local church and local soccer association, where he can be found teaching lessons both on and off the field.