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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 and The Legal Intelligencer 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 (2008-2027; 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
    • Appellate Trial Support: Accelerating Growth or ‘New Normal' for Defense Teams?. The Legal Intelligencer, October 12, 2026
    • "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

Two Tracks, No Preclusion: Ohio Supreme Court Preserves Separate Damages Claims After Chapter 2506 Appeals

The Supreme Court of Ohio has clarified that an administrative appeal under Ohio Revised Code Chapter 2506 does not bar a separate action for damages and declaratory relief that could not have been pursued in the administrative appeal. The Ohio Supreme Court considered Sheetz, Inc. v. Centerville (2026-Ohio-3531) as a result of a certified question from the Southern District of Ohio. The question was whether Sheetz, the gas station/convenience store brand, was barred from seeking damages in a separate action since damages were not sought in their administrative appeal. Ultimately, the Ohio Supreme Court ruled that res judicata does not bar a separate action for damages after ruling on an administrative appeal because R.C. Chapter 2506 is limited to judicial review and cannot grant affirmative relief. The case arose after Centerville’s city council rejected a site plan proposed by Sheetz, Inc. that had received unanimous approval from the City’s planning commission. Sheetz filed an administrative appeal pursuant to R.C. 2506 in the Montgomery County Court of Common Pleas, and two months later filed a complaint for damages and declaratory relief under 42 USC § 1983 as a takings action with the city, city council, and other objectors as improper takings and a violation of due process, as well as interference with business and contractual relationship. The city and city council removed the § 1983 action for damages to federal court. Montgomery County Court of Common Pleas reversed the city council’s denial, and allowed the Sheetz project to move forward. Upon that ruling, the federal court issued a show-cause order questioning whether the § 1983 action was barred by the doctrine of res judicata via claim preclusion (which includes all theories of recovery).  Sheetz argued that Ohio courts of common pleas do not have authority to award damages or declaratory relief as party of the R.C. Ch. 2506 appeal, therefore res judicata could not be triggered to apply to the § 1983 action. Additionally, Sheetz moved to certify the issue to the Ohio Supreme Court, citing differing results between the second and sixth districts on this same issue. Centerville approached the question, not from a claim preclusion standpoint, but from the holding in Grava v. Parkman, Twp which states that a final judgment rendered on the merits bars all subsequent action based on the same transaction or occurrence.  In yet another approach, an objector argued that claim preclusion was satisfied because Sheetz could have raised its damages claims in the administrative appeal – Sheetz disagrees. In their analysis, the Supreme Court of Ohio broke down the elements of a claim preclusion analysis: 1) a prior final, valid decision on the merits by a court of competent jurisdiction; (2) a second action involving the same parties, or their privies, as the first; (3) a second action raising claims that were or could have been litigated in the first action; and (4) a second action arising out of the transaction or occurrence that was the subject matter of the previous action. The Court held that R.C. Ch. 2506 does not permit a party to argue damages as R.C. Ch. 2506 limits the common pleas jurisdiction as if it were sitting on appeal, and therefore can only affirm, reverse, vacate, or modify the appealed order, or can remand the case to the administrative body. Further, the Court held that Grava’s conclusion that a final judgment precludes additional litigation for different relief is inapplicable under this fact pattern because it was meant only to apply to those matters in which the plaintiff brings the exact same case twice, but for new relief. The Court found Grava was inapplicable because Sheetz could have requested damages or declaratory relief in the R.C. 2506 appeal. Therefore, Grava would be nothing more than dicta if it even did apply. Going further, the Ohio Supreme Court disavowed Sixth Circuit precedent which, in reliance on Grava and other district court decisions, permitted an owner to seeking relief under 42 U.S.C. § 1983 alongside an administrative appeal. See Moore v Hiram Twp., 988 F.3d 353 (6th Cir.2021). The Ohio Supreme Court found that the Sixth Circuit had disregarded a critical decision in Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 1993-Ohio-115, which clearly held that a R.C. Ch. 2506 appeal cannot be combined with a complaint seeking other claims for relief. Id. at ¶ 11. To that end, the Ohio Supreme Court has determined that the decisions Moore relied on (outside of Grava) are no longer good law, and that Moore was wrongly decided. The decision draws a clear procedural boundary: Chapter 2506 provides judicial review of an administrative decision, not a forum for independent claims seeking affirmative relief. Although Grava may place claims arising from a single transaction within the potential scope of claim preclusion, those claims are not barred unless the complete claim-preclusion test is satisfied. Because Sheetz could not have pursued damages or declaratory relief in its Chapter 2506 appeal, the separate action was not precluded. The remaining question for practitioners looking to apply or defend against this exception is when does the statute of limitations begin to run on damages and declaratory relief claims related to an administrative decision on appeal? A takings action in federal court has a 2-year statute of limitations, or as a state claim, 4 years (like the other tortious claims raised therein). Correlating this case with others, an administrative appeal will not likely toll the statute of limitations on claims based on a final decision by a municipal authority. Therefore, practitioners should look for these cases to be brought simultaneously.

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Pennsylvania Supreme Court to Review Whether Legal Malpractice Claims May Be Recast as Breach of Contract Claims

The Pennsylvania Supreme Court recently granted allowance of appeal to consider whether a plaintiff may pursue a breach of contract claim against an attorney based on allegations that the attorney failed to provide competent legal services. The issue is significant in professional liability litigation because it concerns whether a plaintiff may avoid the statute of limitations applicable to professional negligence claims by characterizing the alleged misconduct as a breach of contract. Antoine Poteat retained attorneys Gary Asteak and Nino V. Tinari to represent him in a criminal matter. After his conviction was subsequently overturned through a Post Conviction Relief Act proceeding, Poteat filed suit against his former attorneys alleging that they breached their retainer agreements by failing to provide competent legal services. The attorneys argued that the claims sounded in professional negligence, rather than breach of contract, and were therefore time-barred. The trial court dismissed Poteat’s complaint, but the Superior Court, sitting en banc, reversed. The Superior Court held that the gist-of-the-action doctrine did not bar Poteat’s breach of contract claim because the alleged failure to provide competent legal services could constitute a breach of the parties’ agreement. The Court further held that a legal-services agreement contains an implied duty requiring an attorney to provide competent legal services, even where the agreement does not contain an express provision requiring such services. The Pennsylvania Supreme Court granted review in July 2026 and will consider whether the Superior Court’s decision conflicts with Pennsylvania precedent distinguishing contract and tort claims, including Bruno v. Erie Insurance Co. The Supreme Court will also address whether a plaintiff may maintain a breach of contract claim based on an implied duty to provide competent legal services without identifying a specific contractual provision that was breached. The Supreme Court’s decision could have significant implications for professional liability litigation in Pennsylvania, particularly where plaintiffs seek to characterize claims arising from alleged professional negligence as contractual claims.

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The Search-Incident-to-Arrest Doctrine Does Not License Strip Searches

In Beatty v. Gardner, No. 25-2860 (3d Cir. Sept. 16, 2026), Kyle Beatty sued police officers Clinton Gardner and Calvin Irvin under 42 U.S.C. § 1983 after they stopped, arrested, and searched him three times during a drug investigation in Williamsport, Pennsylvania. The officers initially smelled marijuana coming from the car in which Beatty was sitting and observed marijuana residue, giving them probable cause to arrest him. Beatty consented to the first pat-down, and the second search was conducted incident to his lawful arrest; neither search uncovered weapons or contraband. The officers then transported Beatty to the police station solely to strip-search him, but the strip search also revealed nothing. The District Court granted the officers summary judgment, concluding that the initial stop, arrest, and first two searches were reasonable and that qualified immunity protected the officers from liability for the strip search. The Third Circuit affirmed, but held that the strip search itself violated the Fourth Amendment. The court concluded that the search-incident-to-arrest doctrine does not automatically permit officers to strip-search an arrestee outside the jail or prison setting. Because strip searches are highly intrusive and the traditional justifications for searches incident to arrest (officer safety and preservation of evidence) did not justify the search of Beatty, the officers generally needed either the arrestee’s consent, exigent circumstances, or a warrant supported by probable cause to believe that a search beneath the clothing would reveal weapons, contraband, or evidence. Here, the officers had none of those justifications. Nevertheless, the court held that qualified immunity barred damages liability because, at the time of the search, the right against a warrantless strip search of an arrestee outside the institutional setting was not clearly established by Supreme Court or Third Circuit precedent. The court likewise upheld qualified immunity on Beatty’s First Amendment retaliation claim and affirmed summary judgment for the officers.