Of Counsel

Melissa Chapaska focuses her practice on appellate advocacy, administrative law, regulatory matters, and complex litigation. She represents individuals, businesses, associations, governmental entities, and other institutional clients before state and federal courts and administrative agencies, with particular experience in matters involving administrative actions, statutory and constitutional challenges, public utility and energy law, government procurements, public record disclosure issues, and complex litigation.

Melissa advises clients at all stages of litigation and appeal, including developing appellate strategy, briefing complex legal issues, and challenging or defending administrative decisions. Her practice spans Pennsylvania, New Jersey, and federal courts, and she regularly handles matters involving regulated industries and government agencies. Prior to joining HMS Legal in 2015, Melissa participated with the Harrisburg Civil Law Clinic as a Certified Legal Intern and Clinic Leader. Melissa also interned with the United States Department of Justice, Executive Office for Immigration Review and the Pennsylvania Department of Labor & Industry where she was involved with researching and analyzing complex administrative and regulatory legal issues.

Representative Matters

• Represents California Attorney General in litigation and appeals before FERC and the Ninth Circuit.
• Represented Pennsylvania Professional Liability Joint Underwriting Association in challenges to the constitutionality of Pennsylvania statutes before the federal district court, and in appeals before the Third Circuit and the Pennsylvania Supreme Court appeals.
• Represented Energy Transfer in Right-to-Know Law appeals in Pennsylvania appellate courts involving the Public Utility Confidential Security Information Disclosure Protection Act.
• Represented Pennsylvania Builders Association in Commonwealth Court constitutional challenge to regulations adopted by Department of Labor and Industry under Pennsylvania Construction Code.
• Represented North East Heat & Light Company in obtaining approval of natural gas distribution asset transfer, including regulatory proceedings before the Pennsylvania Public Utility Commission culminating in approval and closing of the transaction.
• Represented competitive energy suppliers before the Pennsylvania Commonwealth Court and Pennsylvania Supreme Court in appeals alleging discriminatory billing practices.
• Represented national health care company as local counsel in successful Pennsylvania Commonwealth Court appeal challenging legality of Department of Human Services procurement, resulting in reversal of the agency’s bid-protest determination and cancellation of the award.
• Submitted amicus curiae brief to the U.S. Supreme Court on behalf of former FERC Chairman and Commissioner Mark Christie addressing significant questions of federal preemption and the respective roles of federal and state regulators in electric transmission planning and siting.

Representative Cases

• UnitedHealthcare of Pennsylvania, Inc. v. Department of Human Services, No. 178 C.D. 2025 (Pa. Cmwlth. Apr. 2, 2026) (unreported)(reversing denial of bid protest and cancelling Medicaid managed-care procurement awards)

• Pace-O-Matic, Inc. v. Eckert Seamans, Nos. 22-2445 et al. (3d Cir. Nov. 13, 2023) (vacating district court order compelling disclosure of privileged materials and remanding based on misapplication of judicial estoppel).

• Pennsylvania Builders Association v. Department of Labor & Industry, 284 A.3d 1287 (Pa. Cmwlth. 2022) (granting motion for judgment on the pleadings in original jurisdiction action and declaring a provision of the Pennsylvania Construction Code unconstitutional and enjoining enforcement of regulations promulgated under that provision). 

• Energy Transfer v. Friedman, 265 A.3d 421 (Pa. 2021) (affirming Commonwealth Court’s reversal of Office of Open Records (OOR) determination requiring release of pipeline operator’s confidential security information (CSI) and holding that OOR does not have jurisdiction over CSI-designated records).
• Matter of the Application for Medicinal Marijuana Alternative Treatment Center for Pangaea Health and Wellness, LLC, 465 N.J. Super. 343 (App. Div. 2020) (vacating New Jersey Department of Health’s denial of medical marijuana grower and dispensary applications and remanding to address application scoring anomalies).
• Pennsylvania Prof’l Liab. Joint Underwriting Ass’n v. Wolf, 381 F. Supp. 3d 324 (M.D. Pa. 2018) (granting summary judgment in favor of non-profit association and declaring Act 41 of 2018 unconstitutional under the Fifth Amendment Takings Clause).

In the News

• P.J. D’Annunzio, Law360, Ex-FERC Chair Backs Pa. AG’s Intervention In Grid Fight (April 17, 2026)
• Widener Law Commonwealth, Law Faculty and Alumna Appointed Pro Bono Counsel by PA Supreme Court (July 2, 2025)
• P.J. D’Annunzio, Law360, Justices Skip Pa. Med Mal Fund’s Bid To Shield $300M Surplus (June 23, 2025)
• Sarah Boden, Spotlight PA, These primary judicial races could affect caregiving statewide. 4 court cases show how. (May 19, 2025)

Professional Affiliations

• American Bar Association
• Pennsylvania Bar Association
• Dauphin County Bar Association
•  Government Law Section Executive Committee (2020 – Present)
• University of Pittsburgh Alumni Association
• James S. Bowman American Inn of Court

Publications

• A Patient Walks into a Dispensary: Medical Marijuana Compliance Issues, FOR THE DEFENSE, January 2020, 37-39.
• Disclaimers and Informed Consent in the Medical Marijuana Industry, THE LEGAL INTELLIGENCER, June 7, 2018.
• Medical Marijuana as One Solution to the Opioid Epidemic in Pennsylvania, THE PENNSYLVANIA LAWYER, Jan/Feb 2018.
• Congressional spending and what it means for marijuana, MARIJUANA VENTURE, November 2016, 210-214.
• Pennsylvania creates ideal market for investors, MARIJUANA VENTURE, October 2016, 144.
• The Immigration Gamble: Eliminating the Diversity Visa Program, 5 WIDENER J.L., ECON. & RACE 67 (2014).

Presentations

• Pennsylvania Appellate Practice: Appeals from Agency Determinations, Dauphin County Bar Ass’n, Government Law Compliance Session (Dec. 8, 2025)

• RTKL Case Law Updates, Dauphin County Bar Ass’n, Government Law Compliance Session (Apr. 9, 2025)

• Pennsylvania Right to Know Law Update, Dauphin County Bar Ass’n, Government Law Compliance Session (Aug. 17, 2021)
• Widener University Delaware Law School, 11th Annual Food and Drug Law Symposium – All Matters FDA (March 24, 2021)
• Widener University Delaware Law School, 10th Annual Food and Drug Law Symposium – All Matters FDA (Oct. 21, 2020)
• Pennsylvania Right to Know Law, Dauphin County Bar Ass’n, Government Law Compliance Session (Aug. 6, 2020)
• Medical Marijuana in Pennsylvania – Review of the First Two Years, Monroe County Bench Bar Conference (Sept. 27, 2019)
• Separating the Weed from the Chaff, Dauphin County Bar Ass’n (Oct. 30, 2018)
• FDLA Medical Marijuana Dine & Learn, Widener University Delaware Law School, (Oct. 25, 2018)
• The PA Medical Marijuana Industry: Year in Review, Pennsylvania Bar Institute (Aug. 17, 2018)
• Pennsylvania 4-Hour Certification Course, Cannabis Expertise (2017-2018).
• Energy Issues in the Growing Medical Marijuana Industry, Medical Cannabis Educational Summit (March 5, 2018).
• Marijuana Grower Energy Use: Looming Issues in Pennsylvania, Energypath 2017 (July 27, 2017).
• Planting the Seed: Legalities & Realities of Medical Marijuana in Pennsylvania, Lancaster Bar Association (June 13, 2017).
• Cannabis Expertise, Pennsylvania Medical Cannabis Certification Course (2017). 

Government Service

• Legal Intern, Governor’s Office of General Counsel Summer Externship Program, PA Department of Labor & Industry, Labor Law Compliance, 2013
• Legal Intern, United States Department of Justice, Executive Office for Immigration Review, 2013

Honors and Distinctions

• Administrative/Constitutional Law Certificate with Honors, 2014
• Outstanding Law & Government Student Award, 2014
• Public Interest Initiative, Pro Bono Distinction, 2014

Bar and Court Admissions

Pennsylvania
New Jersey
Middle District of Pennsylvania
District of New Jersey
Third Circuit Court of Appeals
Ninth Circuit Court of Appeals