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Appellate Advocacy & Post-Trial Practice

Marshall Dennehey’s award-winning Appellate Advocacy & Post-Trial Practice Group–recognized by Law.com and The Legal Intelligencer as the Pennsylvania “Litigation Department of the Year” for Appellate Law in 2026, 2025, 2024 and 2016–is one of the largest and most accomplished appellate practice groups in the Commonwealth of Pennsylvania. Firmwide, the group’s 17 lawyers have more than 300 years of combined experience handling post-trial motions and appeals. Dedicated to the craft of written and oral appellate advocacy, our appellate attorneys respond to clients’ post-trial needs and challenges throughout Pennsylvania and the six additional states where we maintain offices.

The group’s attorneys have represented parties in many high-profile civil matters, including litigation stemming from the Jerry Sandusky child abuse prosecution, the Market Street building collapse in Center City, Philadelphia that killed six people and injured more than a dozen others, the fatal shooting of employees at a Kraft Foods plant in Philadelphia, and numerous other cases that resulted in multimillion and billion dollar civil verdicts. In many of these high-exposure cases, our attorneys served as appellate counsel during trial to ensure that important legal issues had been properly raised and preserved for post-trial motions and appeals.

The practice is led by seasoned appellate practitioner John J. Hare who was co-awarded “Attorney of the Year” at the 2026 Pennsylvania Legal Awards. John has represented individuals, insurers and corporations in some of the most high-profile litigation in recent Pennsylvania history, including dozens of cases with verdicts and settlements in excess of $10 million. As litigation and amicus curiae counsel, John has represented a diverse clientele, including leading corporations and insurers, the United States Chamber of Commerce, the Pennsylvania Chamber of Business and Industry, the Pennsylvania Defense Institute, the Pennsylvania Medical Society, the American Society for the Prevention of Cruelty to Animals, and academics interested in the outcome of appellate litigation.

The appellate team routinely engages in trial monitoring, which involves actively assisting trial teams during high exposure trials to ensure that important legal issues are developed, presented, and preserved for post-trial and appellate review if necessary. This assistance includes direct participation in trials by arguing motions, involvement in court conferences, and handling other “legal” matters that arise during trial. Trial monitoring also includes drafting trial motions and briefs, providing strategic legal research and analysis of complex and first-impression issues, and assisting trial counsel in developing effective trial strategies and tactics.

To enhance their skills and the relationship between the appellate courts and appellate practitioners, the attorneys in this group are active members of the Pennsylvania Bar Association’s Post-Trial and Appellate Practice Committee; Philadelphia Bar Association’s Appellate Courts Committee; Florida Bar Appellate Practice Section; The American Academy of Appellate Lawyers, and more.

Results

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Superior Court of Pennsylvania Vacates $1.09 Billion Verdict, Orders New Trial Over Crashworthiness Jury Instructions

We convinced the Superior Court of Pennsylvania to vacate a $1.09 billion jury verdict and remand for a new trial.  The court held that the jury had not been properly instructed on the elements of a crashworthiness claim under Pennsylvania law. The court's ruling received press coverage in both The Legal Intelligencer and The Philadelphia Inquirer.

Trial Court’s Denial of Motions Reversed Before the Commonwealth Court of Pennsylvania

We convinced the Commonwealth Court of Pennsylvania to reverse the trial court’s denial of motions for post-trial relief and to direct entry of judgment notwithstanding the verdict in favor of our client. The plaintiff was injured while standing unsupported on a moving bus. He lost his balance when the bus accelerated away from a bus stop, grabbed an overhead bar to keep from falling, and injured his arm. The video showed that only the plaintiff lost his balance when the bus started moving. At trial, our client moved for nonsuit and directed verdict, arguing the evidence was insufficient to overcome the jerk-and-jolt doctrine that applies when a passenger is injured on a moving bus. To merit the submission of a jerk-and-jolt case to the jury, a plaintiff must establish a sudden stop or jerk so unusual and extraordinary as to be beyond a passenger’s reasonable anticipation. The Honorable James Crumlish denied the motions for nonsuit and directed verdict and also denied our client’s motions for post-trial relief. Judge Crumlish determined the video evidence presented a jury question under the jerk-and-jolt doctrine and mirrored the plaintiff’s counsel’s characterization of the video evidence in doing so. The Commonwealth Court disagreed. After independently reviewing the video evidence, the Commonwealth Court reversed the trial court and granted judgment notwithstanding the verdict to our client. In doing so, it pointed out that various observations of the trial court “were not supported by the video or testimony.”

Thought Leadership

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Defense Digest

Forum Non Conveniens: It Really Has Little To Do With Convenience

June 30, 2026

Key Points: In evaluating a challenge for forum non conveniens, deference must be given to plaintiff’s choice of forum. “Congested centers of litigation” alone are not a reason to transfer a case to another forum. When a defendant is incorporated in the chosen forum, that forum has a legitimate interest in adjudicating disputes involving its corporate entities. Codified at 42 Pa.C.S. § 5322(e), the Pennsylvania doctrine of forum non conveniens allows a court to stay or dismiss a matter in whole or in part where it “finds that in the interest of substantial justice the matter should be heard in another forum.” In evaluating a challenge for forum non conveniens, deference must be given to plaintiff’s choice forum, “but somewhat to a lesser degree when plaintiff’s residence and place of injury are located somewhere else.” See McConnell v. B. Braun Medical, Inc., 221 A.3d 221, 227-228 (Pa. Super. 2019). The Pennsylvania Superior Court’s March 25, 2026, opinion in Duxbury v. Reconstructive Orthopedic Associates II, P.C. d/b/a/ The Rothman Institute of New Jersey, et al., 354 A.3d 551 (Pa. Super. 2026) illustrates just how the application of forum non conveniens does not necessarily lead to the forum that the facts and everyday considerations may suggest is “convenient.” The Duxburys filed their medical negligence case in Philadelphia County, Pennsylvania, against Reconstructive Orthopedic Associates II, P.C. (ROA), Atlantic Surgery Care (ASC), and Dr. Alyson Axelrod, who was employed by ROA and The Rothman Institute of New Jersey (RINJ). Notably, the Duxburys are New Jersey residents and the medical care giving rise to their claim was rendered at locations in New Jersey. ROA is a New Jersey corporation with its principal place of business in Philadelphia. ROA also maintained its principal place of business in Philadelphia, and Dr. Axelrod was licensed to practice medicine in Pennsylvania and New Jersey. The medical defendants filed a motion to dismiss pursuant to 42 Pa.C.S. § 5322(e) and forum non conveniens. The trial court permitted discovery as to the forum issue. Finding “weighty reasons” in support of dismissal, the trial court granted the motion and directed the Duxburys to refile their claim in New Jersey. The trial court found the following factors as “weighty reasons” justifying dismissal: (1) the injuries were sustained in New Jersey; (2) treatment was rendered in New Jersey; (3) relevant medical providers were residents of New Jersey; (4) defendants’ witnesses resided in New Jersey, with the exception of one; and (5) the relevant medical records were located in New Jersey. On appeal, the Duxburys argued that the trial court erred in its application of existing precedent regarding forum non conveniens, and that a consideration of the facts under a correct application of the law did not support transfer of the action to New Jersey. The Superior Court agreed, reasoning that the trial court had not conducted the full analysis set forth in McConnell, in finding “weighty reasons” alone enough to justify its decision to dismiss the plaintiff’s action with directions to refile it in New Jersey. McConnell explains that the determination of “weighty reasons” overcomes the deference afforded to a plaintiff’s choice of forum. To make this determination the trial court must examine both the private and public interest factors involved in the case. McConnell, 221 A.3d at 227-228. The “private factors” include: The relative ease of access to sources of proof; availability of compulsory process for attendance for unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of the premises, if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious, and inexpensive. The public factors to be considered include: Administrative difficulties follow for courts when litigation is piled up in congested centers instead of being handled at its origin. Jury duty is a burden that ought not to be imposed upon the people of a community which has no relation to the litigation. There is an appropriateness, too, in having the trial … in a forum that is at home with the state law that must govern the case, rather than having a court in some other forum untangle problems in conflict of laws, and in law foreign to itself. The Superior Court reiterated that it is the burden of the moving party (i.e. the appellees/medical defendants) to establish that Pennsylvania is a less convenient forum than another available forum. The appellate court found that the trial court committed an error of law in failing to consider the circumstances linking the case to Pennsylvania as well, and to determine whether Pennsylvania was an inconvenient forum, not simply that New Jersey was more convenient for appellees. Regarding the private factors, the Superior Court noted that Dr. Axelrod’s proximity to Philadelphia, and concerns about her commute into town were not grounds to dismiss for inconvenience. The appellate court also found that the trial court gave no consideration to whether any witness would not or could not travel to Pennsylvania. Additionally, the court reasoned that the sources of proof—the medical records—while located in New Jersey, likely could just as easily be produced in Pennsylvania. Addressing the medical defendants’ principal place of business in Philadelphia as an “address,” the court “recognized that that for foreign defendants with corporate offices in Pennsylvania,” in terms of convenience for those defendants, that forum state seems as good as any other. McConnell, 221 A.3d at 230; see also Wright v. Aventis Pasteur, Inc., 905 A.2d 544, 551 (Pa. Super. 2006). Though the trial court failed to consider any public factors, the Superior Court did first find error in the trial court’s focus on Philadelphia as opposed to the state of Pennsylvania. The court then determined that “congested centers of litigation” alone are not a reason to transfer a case to another forum. Second, the court emphasized that “when a defendant is incorporated in the chosen forum, that forum has a legitimate interest in adjudicating disputes involving its corporate entitles.” Finally, the Superior Court found that the medical defendants provided medical care in Pennsylvania and New Jersey, and Dr. Axelrod was licensed to provide medical care in Pennsylvania and New Jersey. As to the question of what state’s law would apply, the parties agreed that New Jersey law would, and there was no showing that the Philadelphia trial judge would be incapable of applying it. The Superior Court concluded that the medical defendants failed to provide sufficient evidence of public factors to support overriding the Duxbury’s choice of forum. What litigants can learn from the Duxbury opinion is that “convenience” in considering a plaintiff’s choice of forum for litigation is not necessarily a matter of ease, little trouble, or less effort. Melissa works in our Pittsburgh, PA office. She can be reached at (412) 803-3477 or MDCochran@mdwcg.com.

New York Law Journal

New York Appellate Court Clears Path for Disclosure of Third‑Party Litigation Funding in Personal Injury Lawsuits

January 7, 2026

For the first time, a New York appellate court has held that the defendants in a personal injury lawsuit are entitled to third-party litigation funding discovery. In Lituma v. Liberty Coca-Cola Beverages LLC, 243 AD3d 504 (1st Dept. 2025), the Appellate Division, First Department, established critical legal precedent in allowing this discovery that the defense bar has been seeking for years.

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Firm Highlights

Ellen C. Bodenmiller Joins Marshall Dennehey’s Tampa Office as Special Counsel in the Casualty Department

News

Ellen C. Bodenmiller Joins Marshall Dennehey’s Tampa Office as Special Counsel in the Casualty Department

Result

Federal Statute Declared Constitutional

In this products liability case, the Supreme Court of Pennsylvania reversed the Superior Court and upheld the constitutionality of the Protection of Lawful Commerce in Arms Act (PLCAA), which resulted in judgment as a matter of law for the defendant manufacturer.

graphic announcing our 6 2027 Super Lawyers & Rising Stars

News

Marshall Dennehey Announces 2027 New Jersey Super Lawyers And Rising Stars

Result

$1.09 Billion Products Liability Verdict Overturned

In this products liability crashworthiness case, the Superior Court of Pennsylvania reversed a Philadelphia jury verdict of $1.09 billion, the largest verdict ever overturned by a PA appellate court.  The court ordered a new trial based on deficient jury instructions, clarified important aspects of crashworthiness law, and confirmed that so-called standard jury instructions may be incompatible with Pennsylvania law. 

Thought Leadership

First DCA Reverses Excessive Jury Award Unsupported by the Evidence

In December 2019, the plaintiffs filed a claim with Universal for damages caused by a water and sewage back up through the plumbing system and existing through multiple fixtures including the washing machine drain, kitchen sink, dishwasher, bathtub and toilet. Universal investigated the claim, issued payment for resulting water damage totaling $7,000.00 in actual cash value ($12,000.00 in replacement cost value). The plaintiffs sought additional benefits for work needed to access the below-slab cast iron plumbing system due to the failure of the system from rust, deterioration, corrosion and breaks in the line. Universal denied any additional benefits for access. In 2021, the plaintiffs filed suit. During litigation, Universal sent a plumber to inspect the home and the plumber concluded the pipes were clogged but could be cleaned. The plaintiffs’ plumber testified that the plumbing system needed to be replaced due to holes and openings in the pipes. The plaintiffs introduced two estimates prepared by Triad Restoration services totaling $79,680.22 in replacement cost value and $50,219.97 in actual cash value and an executed contract with another company for repairs with the amounts of repair redacted. Since the insurance policy did not provide coverage for repair or replacement of the plumbing system, the jury only had to decide whether the plumbing system needed to be replaced, and if it did, Universal would owe for the access costs; the jury verdict form required the jury to determine both the replacement cost value and actual cash value amounts. The jury asked if it had to rely on the Triad estimates for their amounts. The trial court advised the amount awarded had to be based on the evidence presented at trial and the law given by the trial court. The jury awarded $335,000.00 in replacement cost value or $305,000.00 in actual cash value. Universal motioned for a new trial arguing the amount awarded was unsupported by the evidence and then moved for remittitur. The trial court denied both motions and this appeal followed. The court found that while a jury’s verdict should only be disturbed with caution and discretion, the trial court must give the properly challenged award close scrutiny and determine whether it bears a reasonable relation to the damaged provided, is supported by the evidence, and could have been reached in a logical manner by reasonable means §768.74(3), (5)(d)-(e), Fla. Stat. The court found the trial court did consider the statutory requirements at the hearing on Universal’s remittitur motion and was concerned about a reasonable relation to the amount of damages proved and injury suffered and whether the award was supported by the evidence, but ultimately denied the motion, reasoning that the jury had been properly instructed to fairly and adequately compensate the plaintiffs. The court noted the only evidence providing the basis for the jury verdict was Triad’s estimates and those valued the plaintiffs' claimed loss at $79,680.22 in replacement cost value and $50,219.97 in actual cash value; no valuation evidence reasonably supported the jury verdict. The plaintiffs argued that the jury was entitled to consider more than the estimates, but the court conveyed the evidence provided did not give the jury a way to reach the amounts they awarded. The court was also not swayed by the plaintiffs’ argument regarding inflation and later price increases, but the court noted that no evidence via the contract, nor testimony regarding increase in labor, material, fuel or construction costs were entered into the record.  The court concluded the jury may draw reasonable inferences from the evidence, but it may not supply a damages number by speculation. The court did not find any of the plaintiffs’ remaining argument persuasive either. The court reversed the denial of Universal’s remittitur motion and motion for new trial as to damaged and remanded the case. The court ended its opinion with advising the trial court must determine whether replacement cost value or actual cash value is the property measure of damages under the policy and order remittitur in an amount consistent with that determination and the evidence.

Thought Leadership

Appeals Court Reverses Trial Court Order Awarding Attorney’s Fees Due to Lack of Evidence to Support Fee Awarded

The Fourth District Court of Appeal reversed the trial court’s order awarding appellate fees to People’s Trust Insurance Company based upon a lack of evidence to support the attorney’s fee award in RM & Assocs. Consulting, Inc. v. People's Trust Ins. Co., 2026 Fla. App. LEXIS 4654 (Fla. 4th DCA 2026). People’s Trust was the insurer of a residential property that had sustained water damage. RM & Associates Consulting was hired by the homeowner to perform mitigation services at the property. The homeowner assigned post-loss benefits to RM and RM subsequently filed suit against People’s Trust alleging that it had not been paid the money it was owed for the mitigation services. People’s Trust defended the lawsuit on the ground that the policy required the insured to notify the insurer before authorizing repairs so People's Trust could elect to use its preferred contractor. Because the owner did not comply with that provision, People's Trust asserted its liability was limited to the amount that its preferred contractor would have charged for the work, which People's Trust contended was $2,000. People's Trust paid that amount to RM before RM filed suit. People’s Trust filed a motion for summary judgment which was granted. RM appealed the summary judgment ruling and the ruling was upheld by the Fourth District Court of Appeal. The appellate court also granted People’s Trust’s entitlement to appellate attorney’s fees, subject to the trial court’s determination of the amount of fees, based upon an offer of judgment made by People's Trust. On remand, the trial court held an evidentiary hearing to determine the amount of attorney’s fees People’s Trust was entitled to. At the hearing, People’s Trust presented testimony from it’s fee expert, supervising trial counsel and appellate counsel. People’s Trust sought recovery of $24,866.17 for work performed by appellate counsel. The request primarily consisted of work performed in preparation of the answer brief. The fee expert testified that more than ninety hours spent preparing the answer brief was reasonable given the complexity and significance of the underlying issue. The appellate court found that the fee expert’s testimony fell short of meeting the necessary standard of demonstrating that the hours expended were necessary. The appellate court found that the billing records did not serve to cure the deficient testimony, as the billing records did not contain adequate details regarding the specific tasks performed. Rather the records contained entries such as “answer brief” which the appellate court found to be insufficient. The appellate court noted that neither the fee expert or counsel addressed how the prior research and briefing in the parallel litigation informed the work in the instant matter. The appellate court noted this was significant in that a court's attorney's fees award must exclude excessive, redundant, or otherwise unnecessary hours, citing Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985). Based upon the record failing to support the finding of the trial court, the 4th DCA remanded the case to the trial court for a reconsideration and redetermination of reasonable appellate attorney’s fees supported by competent substantial evidence. The 4th DCA reiterated that the fee expert’s focus on the quality of the work and the importance of the work to People’s Trust did not make up for the perceived deficiencies in the position that spending over ninety hours on a single answer brief was reasonable. Whether moving for attorney’s fees or challenging the amount of fees being sought by an opposing party, practitioners should be mindful of the evidence being used to support the claims being made. Parties should pay close attention to whether the hours being sought may be impacted by prior litigation either party may have engaged in. A party must be prepared to address how prior litigation efforts did or did not impact the amount of hours being claimed in current litigation. Lastly, billing records must be sufficiently detailed so as to support any potential future fee claim.

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants

Result

Statutory Employer Immunity Upheld

In this construction accident case that resulted in a $5 million verdict, the Supreme Court of Pennsylvania upheld the Statutory Employer Doctrine, which immunizes general contractors and other contractors on construction sites when certain elements are satisfied.

Thought Leadership

United State District Court for the Middle District of Florida finds Evidence of Replacement Cost Value is Admissible and Recoverable Even When Repairs Have Not Been Made

The plaintiff filed a claim for damage as a result of Hurricane Ian. It claimed damages were over $24 million, but the carrier accepted partial coverage and paid $8,307.49 for secondary components. The carrier found hurricane damage to the building, but it was below the insurance policy’s $3.6 million deductible. The plaintiff sued for breach of the insurance policy. The carrier argued in a motion for summary judgment that plaintiff could not recover replacement cost value (RCV) because the property repairs had not been effectuated. The policy provided for RCV, but only after the repairs were completed. The carrier argued that because the repairs were not completed, the plaintiff was not entitled to RCV damages. The plaintiff argued the carrier could not withhold the actual cost value (ACV) due, which was the main allegation of the lawsuit, then fault it for not making the repairs to unlock the RCV. The United States District Court for the Middle District of Florida rejected the carrier’s argument, finding that when an insurer allegedly breached the policy by withholding coverage, it could not hide behind a repair-contingent provision to block the insured from RCV damages at trial. The court found the issue to be whether the contractual language designed to preclude certain coverage until after repairs are completed barred an insured from seeking those damages at trial when repairs were not complete. The court noted the Eleventh Circuit had not resolved this issue and neither side pointed to a definitive answer from the Florida Supreme Court. The court reasoned that it must look to the Sixth District Court of Appeal (6th DCA), which is the court which would have heard this case if it was in state court. The court noted the 6th DCA recently addressed this issue in Universal Prop. & Cas. Ins. Co. v. Rodriguez, 427 So. 3d 676 (Fla. 6th DCA 2026). The Rodriguez Court found that a breach of contract action is designed to adjudicate not only whether the contract was breached, but also evaluate the damages incurred had the breach not occurred, which the Rodriguez court found to be recovery of the RCV. This court also noted basic Florida contract principles compelled the same result, as a material breach frees the nonbreaching party to suspend its own performance and can demand the full benefit of its bargain, including RCV damages. Finally, the court found the distinction between a full denial and partial denial did not compel a different result. It found the policy required the carrier to acknowledge coverage and pay ACV for all covered damages, and the failure to do that is a material breach, entitling the insured to all of the damages available under the contract, which included the RCV.

Result

$19 Million Medical Malpractice Verdict Overturned

In this medical malpractice case, the trial court vacated $10 million of a $19 million verdict in post-trial motions and the Superior Court of Pennsylvania vacated the remaining $9 million on appeal.