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John J. Hare

Member, Executive Committee

Chair, Appellate Advocacy & Post-Trial Practice

Portrait of John J. Hare

John is a member of Marshall Dennehey's three-person Executive Committee, which is responsible for the firm’s daily operations and management of more than 500 attorneys across 19 offices in seven states. He also serves on the firm’s Board of Directors and as chair of the fifteen-attorney Appellate Advocacy & Post-Trial Practice.

As appellate counsel, John has represented individuals, corporations, and insurers in hundreds of appeals in state and federal courts, including many of Pennsylvania’s highest-profile civil appeals. At the 2026 Pennsylvania Legal Awards, American Lawyer Media named John "Pennsylvania Attorney of the Year" along with Chip Becker of Kline & Specter.  In the prior year, John and Chip were opposing counsel in appeals involving more than $3.5 billion in jury verdicts.

As amicus curiae counsel, John has represented a diverse clientele, including the United States Chamber of Commerce, the Pennsylvania Chamber of Business and Industry, the American Medical Association, the Pennsylvania Medical Society, the Pennsylvania Defense Institute, the American Society for the Prevention of Cruelty to Animals, other Pennsylvania lawyers, and academics interested in the outcome of appellate litigation.

John is actively involved in the Pennsylvania legal community. He has edited and co-authored two books on Pennsylvania appellate courts. The Supreme Court of Pennsylvania; Life and Law in the Commonwealth, 1684-2017, was published by the Pennsylvania State University Press in 2018. Keystone of Justice: The Pennsylvania Superior Court, 1895-1995, was published by the Commonwealth of Pennsylvania in 2000.  

John serves by appointment of the Supreme Court of Pennsylvania as the co-chair of the Court’s Historical Commission and on the Commission on Judicial Independence, a group of state and federal judges, academics, and attorneys who promote public awareness of the importance of a strong and independent judiciary. He also spent six years on the Supreme Court’s Civil Procedural Rules Committee, the last two years as chair, and served on the Board of Governors of the Bar Association of the Third Federal Circuit and as co-chair of the Amicus Curiae Committee of the Pennsylvania Defense Institute. He also serves on the advisory board of Ohlbaum on the Pennsylvania Rules of Evidence (Lexis-Nexis) and regularly speaks at appellate court events and continuing legal education seminars.

Pennsylvania Super Lawyers magazine has repeatedly recognized John as a Top 100 lawyer in both Philadelphia and Pennsylvania based on a peer selection and evaluation process. He has also been selected as a Super Lawyer in the area of appellate practice every year since 2008. He has been repeatedly selected to The Best Lawyers in America and is a Fellow of the invitation-only American Academy of Appellate Lawyers, a member of the International Association of Defense Counsel, and has an AV Preeminent (5.0/5.0) rating by Martindale-Hubbell, the highest rating for professional competence.

John is regularly called upon by the media to provide insight and commentary on significant legal issues. To view recent articles in which John is quoted, click the Media Commentary section below.

    • Princeton University (1999)
      • coursework completed for Ph.D.
    • University of California, Berkeley (M.A., 1998)
    • Thomas R. Kline School of Law of Duquesne University (J.D., 1993)
      • Editor Duquesne Law Review
    • Indiana University of Pennsylvania (B.A., magna cum laude, 1990)
    • Pennsylvania, 1994
    • U.S. Supreme Court
    • U.S. Court of Appeals 3rd Circuit
    • U.S. Court of Appeals 4th Circuit
    • U.S. District Court Eastern District of Pennsylvania
    • U.S. District Court Middle District of Pennsylvania
    • Supreme Court of the United States
    • Attorney of the Year, 2026, by Law.com and The Legal Intelligencer
    • Chambers USA, Pennsylvania: Litigation: Appellate, Band One (2025-2026)
    • Legal 500 Philadelphia Legal Elite, Commercial Disputes (2025-2026)
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America©, Appellate Practice (2024-2027)
    • Pennsylvania Super Lawyers (2008-2026; Top 100 in Pennsylvania, 2018-2026; Top 100 in Philadelphia, 2018-2026)
    • Philadelphia Business Journal, Best of the Bar Award, 2023 and 2018
    • The Philadelphia Inquirer, Influencers of Law Award, 2019
    • American Academy of Appellate Lawyers, Fellow, 2016
    • Bar Association for the Third Federal Circuit
    • International Association of Defense Counsel, 2018
    • Pennsylvania Bar Association
    • Pennsylvania Defense Institute, 2008
    • Pennsylvania Supreme Court, Civil Procedural Rules Committee, 2015-2021; Chair, 2019-2021
    • Pennsylvania Supreme Court, Historical Commission, Co-Chair, 2023
    • Pennsylvania Supreme Court, Commission on Judicial Independence, 2024
    • Judicial Independence in a Democratic Society, Democracy Works Conference hosted by Millersville University, September 15, 2026
    • William Penn and the Origins of the Pennsylvania Judiciary, PA Superior Court CLE, September 8, 2026
    • Judicial Independence in the United States, moderated panel of state and federal judges on behalf of the Pennsylvania Commission on Judicial Independence, Temple University, March 30, 2026
    • Combatting Nuclear Verdicts in Plaintiff-Friendly Jurisdictions, A.M. Best Insurance Law Podcast, October 30, 2025
    • New Voir Dire Rule  Pa.R.C.P. 220.3, Philadelphia Bar Association Live Webcast CLE, March 19, 2025
    • Speak Easy and Write Stuff: Effective Communication Techniques for Appellate Courts, CLE presented to Superior Court of Pennsylvania judges, law clerks, and legal staff, September 22, 2023
    • The Chief Justices of Pennsylvania, CLE presented to Supreme Court of Pennsylvania at The Lawyers Club of Philadelphia, September 14, 2023
    • The Transformation of Pennsylvania Law, CLE presented for Pennsylvania Coalition for Civil Justice Reform, September 11, 2023
    • Annual Civil Litigation Update 2023, Pennsylvania Bar Institute, August 31, 2023
    • Litigation Update Seminar, Pennsylvania Coalition for Civil Justice Reform, May 29, 2023
    • The Development of Our Supreme Court, Tricentennial Anniversary of the Supreme Court of Pennsylvania, National Constitution Center, May 21-22, 2022, Moderator and Speaker
    • Civil Litigation Update 2022, Pennsylvania Bar Institute, March 4, 2022
    • Civil Litigation Update 2021, Pennsylvania Bar Institute, March 4, 2021
    • Judicial Engagement and the Pennsylvania Constitution, Institute for Justice, Center for Judicial Engagement, October 16, 2020
    • The “New” Pennsylvania Supreme Court; Reflections on the Last Three-Plus Years, Pennsylvania Bar Institute, September 9, 2019
    • Your Case is in the News; Handling High-Profile Litigation, Moderator, American Academy of Appellate Lawyers, 2019 Spring Conference, April 13, 2019
    • The Pennsylvania Constitution: An Independent Source of Rights and Judicial Power, Pennsylvania State Trial Judges Conference, February 21, 2019
    • The Supreme Court of Pennsylvania: Life and Law in the Commonwealth, 1684-2017: A Conversation, hosted by Duquesne University for Pennsylvania Supreme Court, October 24, 2018
    • "What Lawyers Can do to Protect and Promote Judicial Independence,” Pennsylvania Bar Association Quarterly, January 2026
    • "Chief Justice Baer and the Supreme Court’s Tricentennial Anniversary," 62 Duquesne Law Review 1, Winter 2024
    • "Medical Malpractice Venue Un-Reform," Claims Judicial and Legislative Affairs Quarterly Update (CJLA), Spring 2023
    • The Supreme Court of Pennsylvania; Life and Law in the Commonwealth, 1684-2017 (Hare ed., Penn State, 2018)
    • "What’s New In 2017? Filing Trends and Developments In Asbestos Litigation," Mealey's Litigation Reports, August 16, 2017
    • "Sunlight is the Best Disinfectant; Solutions to the Concealment of Asbestos Trust Filings in Tort Litigation," For The Defense, April 2016
    • "Uncloaking Bankruptcy Trust Filings In Asbestos Litigation: Refuting the Myths About Transparency," Mealey's Asbestos Bankruptcy Report and Mealey's Litigation Report Asbestos, April 2016
    • "Uncloaking Bankruptcy Trust Filings In Asbestos Litigation: A Survey Of Solutions To The Types Of Conduct Exposed In Garlock's Bankruptcy," Mealey's Asbestos Bankrupcty Report, August 28, 2015
    • "Keystone of Justice: The Pennsylvania Superior Court, 1895-1995," Pennsylvania Press, 2000
    • "Pa. Supreme Court justices rarely lose seats in retention elections, so why is this year's race so important?", Philly Voice, September 29, 2025
    • "Monsanto Takes Roundup Preemption Defense to Pennsylvania Supreme Court,"The Legal Intelligencer, August 15, 2025
    • "Where Did All of Philadelphia's Big Verdicts Go?"The Legal Intelligencer, July 31, 2025
    • "Key Issue in Roundup Litigation Gets First-Time Review From Pa. Appeals Court,"The Legal Intelligencer, March 28, 2025
    • "Justices Wary of Overturning Longstanding Precedent on Tort Immunity for General Contractors,"The Legal Intelligencer, March 6, 2025
    • "Diving Into a Judicial Hellhole – A look at ATRF’s latest list and examining the top jurisdiction,"CLM Magazine, January 7, 2025
    • "Philly and the Pa. Supreme Court Are Top 'Judicial Hellholes,' A Tort Reform Group Says. Trial Attorneys Aren't Happy."The Philadelphia Inquirer, December 12, 2024.
    • "Judge Orders New Trial in Temple Health Medical Malpractice Case with $45 Million Jury Verdict,"The Philadelphia Inquirer, December 11, 2024
    • "Turning the Tables: Defense Litigators Embrace Lawsuits, Alleging Fraud at Plaintiffs Shops,"The American Lawyer, October 7, 2024
    • "Pa. High Court Reversal Rate of Superior Court Rulings Has Plummeted, Report Shows,"The Legal Intelligencer, April 23, 2024
    • "As Stakes Escalate, Kline & Specter Begin Stepping in to Defend Phila.’s Largest Verdicts Post-Trial,"The Legal Intelligencer, January 31, 2024
    • "Parties Clash Over Jury Instruction in Hearing on $976M Defective Seatbelt Verdict,"The Legal Intelligencer, April 2, 2024
    • "Unanimity Is Rare on Pennsylvania Supreme Court, Data Reveals," The Legal Intelligencer, February 15, 2024
    • "Pennsylvania Litigation To Watch In 2024" Law360, January 1, 2024
    • "Top Pennsylvania Cases of 2023," Law360, December 21, 2023
    • "'Passion and Prejudice': Mitsubishi Seeks to Overturn Nearly $1B Defective Seatbelt Verdict,"The Legal Intelligencer, November 15, 2023
    • "Superior Court Breaks String of Plaintiff-Side Forum Rulings, Upholding Case's Move From Phila." The Legal Intelligencer, November 1, 2023
    • "Could Proposed Changes to Civil Jury Selection Rules Slow Down Pa.'s Courts?" The Legal Intelligencer, September 21, 2023
    • "Pa. Civil Law Has Developed Pro-Plaintiff Slant, PCCJR Panelists Say," The Legal Intelligencer, September 11, 2023
    • "Jury Verdicts Like the $183 Million Award Against Penn Medicine Can Be Tied Up for Years, But Usually Stand," The Philadelphia Inquirer, May 2, 2023
    • "PA Budget, Political Appointment Decisions for Gov. Josh Shapiro," GoErie.com, January 3, 2023
    • "Defense Attorneys Brace for Impacts as Medical Malpractice Venue Rule Changes Loom," The Legal Intelligencer, October 5, 2022
    • "Pa. Legal Community Remembers Chief Justice Baer as a Consensus Builder, Family Law Icon," The Legal Intelligencer, October 3, 2022
    • "Lawyers Argue for New Trial, Reduction of $19 Million Verdict for Pool Injury," The Tribune-Review, August 8, 2022
    • "Woman Gifted Groupon Massage Must Arbitrate Assault Claims: Court," Pennsylvania Law Weekly, August 2, 2022
    • "Guns, Abortion & Voting Rights: 5 Critical PA Supreme Court Cases to Keep an Eye on in 2022," Pocono Record, July 18, 2022
    • "Plaintiffs Seek to Narrow Pa. High Court's Ruling Axing Jurisdiction by Business Registration," The Legal Intelligencer, February 1, 2022
    • "Pa. Justices: Defense Attorney's Question During Ex-NFL Player's Med Mal Trial Was Not Improper," Pennsylvania Law Weekly, December 28, 2021
    • "Pa. Justices Say Two Disputed Words Don't Warrant New Trial," Law360, December 22, 2021
    • "Pa. Justices Split Over Whether Two Words Warrant Retrial," Law360, September 21, 2021
    • "'Even Bad People': Legal Community Divided on Unpopular Decision That Freed Cosby," The Legal Intelligencer, July 1, 2021
    • "Pa. Cases to Watch in 2021: Midyear Report," Law360, July 9, 2021
    • "Pa. Atty Off Hook for Extended Interest on Malpractice Award," Law360, March 31, 2021
    • "Pa. Justices Snub Appeal Over Axed $40M Spinal Injury Award," Law360, March 30, 2021
    • "Pennsylvania Cases to Watch in 2021," Law360, January 3, 2021
    • "Pa. Court Scraps $40M Suburban Phila. Jury Verdict Over Birth Injury," The Legal Intelligencer, July 20, 2020
    • "Measure to Split Pa. Court Seats Seen as Political Play," Law360, July 17, 2020
    • "Pa. Panel Wipes Out $40M Award for Baby's Spinal Injury," Law360, July 16, 2020
    • "Top Pennsylvania Cases of 2020: A Midyear Report," Law360, July 2, 2020
    • "3rd Circ. Punts Amazon Seller Liability Case to Pa. Justices," Law360, June 2, 2020
    • "Panel Axes $10M Award in Surgery Patient's Drug Death Suit," Law360, April 9, 2020
    • "Pa. Appeals Court Slashes Award; Finds Jury Went Too Far With $10 Million Verdict," The Legal Intelligencer, April 9, 2020
    • "Pennsylvania Cases to Watch in 2020", Law 360, January 3, 2020 
    • "Drifting Away From Precedent?: Some See Pa. Supreme Court Upending Established Case Law," Pennsylvania Law Weekly, December 23, 2019
    • "The Biggest Pa. Appellate Rulings Of 2019: Midyear Report," Law360, July 3, 2019
    • "Pa. Jurisdiction in Grenfell Tower Suit May be Tested by Evolving Case Law," The Legal Intelligencer, June 12, 2019
    • “Law Firms Going ‘Old School’ as Phila. Court System Struggles to Recover From Computer Virus,” The Legal Intelligencer, May 31, 2019
    • "At Last, Unpublished Superior Court Opinions Can Be Cited. Now What?," The Legal Intelligencer, March 29, 2019
    • "This Pennsylvania Committee Is Proposing Changes That Benefit Five Of Its Members' Law Firms," Forbes and Pennsylvania Record, February 19, 2019
    • "Tough Sell On Cancer Link Awaits At 1st Philly Talc Trial," Law360, February 5, 2019
    • "CBS Tells Justices No Liability For Asbestos Added By Others, Law360, September 20, 2018
    • "The Biggest Pa. Appellate Rulings Of 2018: Midyear Report," Law360, July 12, 2018
    • "Judge Says Pa.'s Corporate Registration Law Doesn't Create Jurisdiction," The Legal Intelligencer, June 11, 2018
    • "Superior Court Throws Out $32M Wrongful Death Award," The Legal Intelligencer, May 3, 2018
    • "Pa. Tort Ruling Highlights Discrepancies in Jury Instructions," Law360, February 23, 2018
    • "Commonwealth Court: Philly Beverage Tax is Legal," WHYY's Keystone Crossroads, June 14, 2017. John's interview about the soda tax also aired on WHYY's Morning Edition program on June 16, 2017.
    • "Changes to PA Tort Law Not Coming Fast Enough, Attorneys Say," Law360, April 20, 2017
    • "Justices' 'Abnormal' Requests Pose Legislative Challenges," The Legal Intelligencer, October 7, 2017
    • "Attorneys Agree Ban on Citing Nonprecedential Opinions is a Hurdle," The Legal Intelligencer, September 1, 2016
    • "The Biggest PA Appeals Court Decisions So Far in 2016," Law360, August 4, 2016
    • "Appellate Courts Prepare to Transition Interim Appointees," The Legal Intelligencer, July 11, 2016
    • "Zimmer Win May Force Harder Look at Runaway Verdicts," Law360, June 10, 2016
    • "'When in Doubt, Appeal' in Consolidated Cases," The Legal Intelligencer, May 31, 2016
    • "Superior Court's 2016 Output Low on Civil Rulings," The Legal Intelligencer, May 27, 2016
    • "Revamped PA High Court Looks To Make Mark on Tort Law," Law360, February 4, 2016
    • "Supreme Court Orders Reargument in 26 Cases From 2015," The Legal Intelligencer, January 22, 2016.
    • "Intermediate Courts Must Weather Vacancies," The Legal Intelligencer, January 9, 2016
    • "Supreme Court Justice J. Michael Eakin Tearfully Apologizes, Defends Reputation in Porn Email Hearing," Allentown Morning Call, December 21, 2015
    • "Eakin, 'Bruno' and the State of Judicial Discipline in PA," The Legal Intelligencer, December 18, 2015
    • "JCB Faces Challenges in Proving Violations by Eakin," The Legal Intelligencer, December 11, 2015
    • "Litigants May Test High Court After Turnover," Pennsylvania Law Weekly, November 17, 2015
    • "Dems' PA High Court Sweep Could Shake Up Enviro, Tort Law," Law360, November 4, 2015
    • "Report: Supreme Court Should Defer to JCB on Eakin Emails," The Legal Intelligencer, November 3, 2015
    • "Zimmer Ruling Continues Pa. Justices' Pro-Plaintiff Trend," Law360, October 28, 2015
    • "Lawyers Say Discipline, Not Removal, Likely for Eakin," Pennsylvania Law Weekly, October 20, 2015
    • "Rekindled Email Scandal Tests State Supreme Court, Again," The Legal Intelligencer, October 6, 2015
    • "Saylor's Comments Raise More Questions Over AG Kane's Fate," The Legal Intelligencer, September 30, 2015
    • "Fee Sanctions Must Be Filed Soon After Final Order," Pennsylvania Law Weekly, September 28, 2015
    • "Rule Changes Clear Up Legal Gray Area in Post-Trial Motions," Legal Intelligencer, July 14, 2015
    • "Raising Pa. Supreme Court Output Easier Said Than Done?," Pennsylvania Law Weekly, March 31, 2015
    • "Police Owe No Duty to Unknown Passengers in Fleeing Car," The Legal Intelligencer, January 5, 2015
    • "Pennsylvania Cases To Watch In 2015," Law360, January 2, 2015
    • Amagasu v. Mitsubishi, 2025 WL 3708201 (Pa. Super. 2025) (vacating $1.09 billion jury verdict and remanding for new trial)
    • Yoder v. McCarthy Constr., Inc., 345 A.3d 668 (Pa. 2025) (vacating $5.6 million judgment and remanding for further proceedings)
    • Gustafson v. Springfield, Inc., 333 A.3d 651 (Pa. 2025), cert. denied, 25-120, 2025 WL 3620464 (U.S. Dec. 15, 2025) (reversing Superior Court and holding that federal Protection of Lawful Commerce in Arms Act (PLCAA) was constitutional)
    • Smith v. CMS W., Inc., 305 A.3d 593 (Pa. Super. 2023) (applying forum non conveniens to transfer litigation out of Philadelphia County)
    • Johnson v. Toll Bros., Inc., 302 A.3d 1231 (Pa. Super. 2023) (rejecting challenge to Pennsylvania’s construction statute of repose)
    • Doe v. Hand & Stone Franchise Corp., 283 A.3d 391 (Pa. Super. 2022) (enforcing arbitration provisions in online marketing agreement)
    • Steltz v. Meyers, 265 A.3d 335 (Pa. 2021) (reversing lower courts and reinstating defense jury verdict for physician and practice group improperly blamed for ending NFL player’s career)
    • Charlton v. Troy, 236 A.3d 22 (Pa. Super. 2020), reargument denied (Sept. 23, 2020), appeal denied, 251 A.3d 772 (Pa. 2021) (vacating $40.2 million jury verdict and remanding for new trial)
    • Ramsey v. Buchanan Auto Park, 2021 WL 5165823 (M.D. Pa. 2021) (vacating $500,000 jury verdict and remanding for new trial)
    • Roverano v. John Crane, Inc., 226 A.3d 526 (Pa. 2020) (reversing Superior Court and holding that juries may apportion liability to nonparty bankruptcy trusts) (amicus counsel for defense organizations)
    • Kimble v. Laser Spine Institute et al., No. 2016-00569 (Chester Cty., 2019) (vacating $10 million jury verdict and granting judgment n.o.v.)
    • Straw v. Golon et al.,187 A.3d 966 (Pa. Super. 2018), appeal denied, 2019 Pa.LEXIS 950 (Pa. 2019) (vacating $35 million judgment and remanding for new trial)
    • Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017) (reversing Superior Court and holding that retroactive registration under Pennsylvania’s Megan’s Law violates ex post facto clauses of the United States and Pennsylvania constitutions) (amicus counsel for 22 individuals)
    • Rost v. Ford Motor Co., 151 A.3d 1032 (Pa. 2016) (invalidating Philadelphia’s mandatory consolidation of asbestos cases for trial) (amicus counsel for defense organizations)
    • Keith v. Commonwealth ex rel. Pa. Dep't of Agric., 151 A.3d 687 (Pa. Cmwlth. 2016) (invalidating Department of Agriculture regulations permitting commercial dog breeders to restrict nursing mothers' access to exercise areas and use wire flooring in cages) (amicus counsel for American Society for the Prevention of Cruelty to Animals)
    • Nertavich v. PPL Elec. Utilities, 124 A.3d 734 (Pa. 2015) (vacating $4.6 million jury verdict and granting judgment n.o.v.) (amicus counsel for defense organizations)
    • Nelson v. Airco Welders Supply, 107 A.3d 146 (Pa. Super. 2014), appeal denied, (Pa. 2017) (vacating $14.5 million jury verdict and remanding for new trial)
    • Sellers v. Twp. of Abington, 106 A.3d 679 (Pa. 2014) (upholding lower court rulings that police officers ow no duty to unknown passengers in fleeing vehicles)
    • Patton v. Worthington Associates, Inc., 89 A.3d 643 (Pa. 2014) (vacating $1.5 million jury verdict and granting judgment n.o.v.)
    • Vanderhoff v. Harleysville Ins. Co., 78 A.3d 1060 (Pa. 2013) (holding that showing of prejudice due to insured’s untimely notice did not require proof of what insurer would have found had notice been timely)
    • McGarvey v. Penske Auto Grp., Inc., 486 Fed.Appx. 276 (3d Cir. 2012) (holding that warranty for auto theft system did not violate New Jersey Truth–in–Consumer Contract, Warranty, and Notice Act (NJTCCA)).
    • Edkin v. Brethren Mut. Ins. Co., 24 A.3d 444 (Pa. Super. 2011) (vacating $2 million verdict and granting judgment n.o.v.)
    • Griffin v. Harrisburg Prop. Servs., Inc., 421 Fed.Appx. 204 (3d Cir. 2011) (affirming district court ruling that employer’s adequate remedial action precluded liability for harassment)
    • State Farm Fire & Cas. Co. v. Estate of Mehlman, 589 F.3d 105 (3d Cir. 2009) (reversing district court and holding that insurer had no duty to provide coverage for victim’s lawsuit based on insured’s intentional conduct)
    • Urbach v. Kentile, 915 A.2d 159 (Pa. Super. 2006) (vacating $5 million jury verdict and remanding for new trial)
    • Toogood v. Rogal, 824 A.2d 1140 (Pa. 2003) (vacating $465,000 jury verdict and granting judgment n.o.v.)
    • Philadelphia Owners Association v. City of Philadelphia et al., 57 Fed. Appx. 961 (3d Cir. 2003) (reversing district court and ruling that municipal ordinance did not violate the Equal Protection Clause of the United States Constitution)
    • Van Zandt v. Holy Redeemer Hosp., 823 A.2d 145 (Pa. 2003) (vacating $323,000 jury verdict and granting judgment n.o.v.)
    • Smith v. Rao, No. 2899 EDA 2001 (Pa. Super. 2002) (vacating $3 million jury verdict and remanding for new trial)

Results

Thought Leadership

The Quarterly Dose

Highlights in Pennsylvania Medical Malpractice Law: Expansion of Liability, Nuclear Verdicts, and Emerging Litigation Trends

August 26, 2026

Pennsylvania’s medical malpractice landscape has undergone significant changes. In the last two years, courts, litigants, insurers, and health care providers have faced a dramatic rise in nuclear verdicts, evolving juror attitudes, aggressive plaintiff advertising, third-party litigation funding, and increasingly complex procedural challenges. These developments have not only reshaped medical malpractice litigation, but have also intensified concerns about health care access, insurance costs, and Pennsylvania’s legal climate. The Expansion of Liability and the Rise of Nuclear Verdicts One of the most significant trends in medical malpractice litigation is the expansion of liability and the rise of so-called “nuclear verdicts” (generally speaking, personal injury verdicts in excess of $10 million). Nationally, 2025 set the all-time record with 140 nuclear verdicts, including 30 thermonuclear verdicts (above $100 million) and five verdicts exceeding $1 billion. This continued a steady upward trend from 108 nuclear verdicts in 2024 and 91 in 2023. Pennsylvania has exceeded the national trend. From June 2021 to May 2026, the Commonwealth had 42 nuclear verdicts, with 29 occurring in Philadelphia alone. Medical malpractice cases account for 17 of those 42 verdicts. Philadelphia remains the epicenter of large medical malpractice awards, producing 11 of the state’s 17 medical malpractice nuclear verdictss. Other excessive malpractice verdicts have occurred in York, Beaver, Chester, Delaware, and Luzerne counties. Although appellate courts have occasionally reduced excessive awards, the overall trend is concerning. Only five of Pennsylvania’s 42 nuclear verdicts have been reversed or reduced. In medical malpractice cases, notable examples include: Newlin v. Vita Healthcare Group – $19 million verdict overturned. Dawson v. Bayada Home Health Care – $14 million verdict remitted to $8 million. What Is Driving Large Verdicts? Legal analysts increasingly point to the COVID-19 pandemic as a catalyst for changing juror perspectives and expanded liability. The pandemic created what many describe as twin sensitivities: a heightened concern for safety and risk prevention, and increased skepticism toward corporations and institutions. These attitudes align closely with the plaintiff-oriented “reptile” litigation strategy, which aims to generate juror anger by framing a corporate defendant’s alleged actions as a threat to community safety. Another factor frequently cited in discussions about large verdicts is a growing skepticism toward institutions and large organizations. In many cases, jurors may view corporations, hospitals, insurers, and other well-resourced entities as being in a better position to prevent harm and protect the public. As a result, they may hold these organizations to particularly high (and in many cases unrealistic) standards of conduct and accountability. The Impact of Changing Jury Demographics Demographic changes are also influencing litigation outcomes. Millennials represent the largest cohort and may comprise up to 40% of many jury pools. Studies suggest they are the most likely to award large verdicts as they are highly safety-conscious due to experiences such as 9/11, school shootings, and COVID-19, and generally less trusting of large institutions, corporations, and established systems. Equally important is the emergence of what jury consultants describe as “vulnerable jurors” – individuals who have recently experienced significant financial, medical, or personal hardship. The economic and health-related disruptions of the pandemic have expanded this segment of the population. Notably, political affiliation has become a less reliable predictor of defense-oriented verdicts. Jurors at both political extremes may be receptive to plaintiffs’ arguments, particularly when they perceive corporate defendants as part of a powerful establishment. Lawyer Advertising and the Litigation Economy Philadelphia has become one of the most heavily advertised legal markets in the country. According to the 2025-2026 Judicial Hellholes report, plaintiffs’ firms reportedly spent $76.6 million on more than 634,000 advertisements in the region. Billboard, television, radio, and digital marketing campaigns have become nearly unavoidable throughout the metropolitan area. Critics argue that extensive advertising creates a self-reinforcing cycle by: Encouraging potential plaintiffs to pursue claims. Increasing settlement demands. Raising expectations regarding verdict values. Expanding public awareness of litigation opportunities. Consequences for Insurance and Health Care The rise in nuclear verdicts has had substantial financial consequences. As verdict severity rises, liability insurance becomes both more expensive and more difficult to obtain. Insurers increasingly report reduced capacity, higher premiums, and more restrictive underwriting practices. For health care providers already facing workforce shortages, reimbursement pressures and rising operational costs, increased malpractice exposure creates additional strain. The result may ultimately affect patient access to care, particularly in underserved or rural communities. The Legal Marketplace: Workforce Challenges Although the number of lawyers increased dramatically throughout the 20th century, growth has slowed considerably since 2000. Am Law 200 firms have experienced a net loss of litigators in recent years, and trends suggest that demand for experienced trial attorneys may increasingly outpace supply, particularly in high-exposure litigation areas such as medical malpractice defense. Looking Ahead Pennsylvania’s medical malpractice environment is undergoing a profound transformation. Rising nuclear verdicts, evolving juror attitudes, aggressive advertising, and procedural complexities are reshaping the risk landscape for health care providers, insurers, and defense counsel. As courts, legislators, and industry stakeholders consider potential reforms, medical malpractice practitioners must remain vigilant. Success increasingly depends not only on the merits of a case, but also on understanding changing jury behavior, preserving appellate issues, and navigating a legal environment that continues to expand the boundaries of liability.

Pennsylvania Bar Association Quarterly

What Lawyers Can Do to Protect and Promote Judicial Independence

January 1, 2026

Lawyers have a special obligation and opportunity to safeguard judicial independence through advocacy and by avoiding and condemning attacks on courts and jurists.

Events

Firm Highlights

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.

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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

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.

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.