.

John J. Delany, III

Chair, Catastrophic Claims Litigation

JJDelany@mdwcg.com

Portrait of John J. Delany III

Jack defends catastrophic, high-profile, high-exposure cases against some of the country’s most formidable plaintiff firms. With a focus on construction, asbestos and toxic torts, transportation, fire casualty and product liability, he has taken to conclusion more than 60 jury trials, as well as hundreds of bench trials, arbitrations and mediations. Additionally, Jack represents clients in litigation involving fire and explosion claims, sexual assaults, negligent security, and hospitality and dram shop claims. He also handles specialty, high risk claims in the areas of amusements, entertainment, recreational, sports and specialty events.  Additionally, Jack has represented venues, contractors and building managers to name a few, in wrongful death suits and personal injury litigation involving elevators, electronic door issues and escalators. This litigation dealt with leveling, door closing, malfunctions and prolonged elevators stuck between floors.

He represents many Fortune 500 companies directly and as insureds, and handles complex litigation matters at the federal and state levels and in administrative agencies and alternate dispute resolution forums. Jack also serves as national coordinating counsel for several product manufacturers.  

Prior to joining the firm, Jack was the founding partner of the Delany Law firm and co-founded Delany & O’Brien, which operated for 24 years in Philadelphia. During his career, he also ran the Philadelphia office of a large New Jersey/New York firm and worked as assistant counsel for the Philadelphia Housing Authority.

Jack is a Certified Civil Trial Advocate by the National Board of Trial Advocacy and is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. He is a member of the Federation of Defense and Corporate Counsel (FDCC), where he serves as Trial Masters Co-Chair, Technology Committee Co-Chair and Toxic Torts Co-Chair. He also enjoys serving pro bono as an adjunct professor in the Temple Law School Trial Advocacy Program, LLM and as a Judge Pro Tempore for the Philadelphia Court of Common Pleas and is an author, editor and presenter on trial advocacy. 

    • Quinnipiac University School of Law (J.D., 1985)
    • Albright College (B.A., 1982)
    • Pennsylvania
    • U.S. District Court Eastern District of Pennsylvania
    • U.S. District Court Middle District of Pennsylvania
    • Supreme Court of Pennsylvania
    • New Jersey
    • U.S. District Court District of New Jersey
    • New York
    • U.S. Court of Appeals 3rd Circuit
    • Supreme Court of the United States
    • The Best Lawyers in America©, Personal Injury Litigation - Defendants (2026)
    • Pennsylvania Super Lawyers (2004-2014, 2019-2026)
    • Philadelphia Business Journal, Best of the Bar Award (2023)
    • Litigation Counsel of America
    • Federation of Defense and Corporate Counsel
    • New Jersey Bar Association
    • New Jersey Defense Association
    • Pennsylvania Bar Association
    • Pennsylvania Defense Association
    • Philadelphia Bar Association
    • "Are the Eyes A Window to One's Soul? American Mother - A Story of Grace, Humanity and Radical Empathy in the Law," Federation Flyer, publication of the Federation of Defense and Corporate Counsel (FDCC). Summer 2025
    • Strategically defended and obtained the dismissal of a Laidlow claim asserted by the plaintiff who was acting within the course and scope of his employment with the defendant when he sustained a significant workplace injury. In a 37-page written opinion granting the defendant’s motion for summary judgment and addressing several other applications, the court ruled the plaintiff failed to establish that his employer committed an intentional and malicious act sufficient to circumvent the workers’ compensation exclusivity provision. In reaching this conclusion, the court applied the Millison “conduct” and “context” prongs, reasoning that the absence of prior accidents or evidence suggesting the plaintiff’s employer intentionally disabled a safety device, the lack of pre-incident OSHA violations or post-accident efforts by the employer to deceive OSHA, and the undeniable determination that the plaintiff’s incident was “part and parcel” of industrial life, all warranted the entry of summary judgment in favor of the defendant employer and the dismissal of the plaintiff’s claim. You can read the opinion here.  

Results

View all

Summary Judgment Secured in “Exploding” Wine Bottle Case

We successfully secured summary judgment in a product liability case involving an “exploding” wine bottle. Our client was the distributor of the bottle and was brought into the case as a third-party defendant. The plaintiff testified that on Thanksgiving Day, she attempted to open the bottle with the handle of a wooden spoon when the bottle unexpectedly and suddenly exploded in her hands. The plaintiff brought a product liability claim, asserting defects with the design of the bottle in using unusually thin glass prone to breakage. As the plaintiff did not produce any liability expert reports, we were able to argue that expert testimony was necessary for the plaintiff to prove her case, as the subject matter was one involving special skills and training not common to the ordinary layperson.   

Summary Judgment Obtained in Significant Workplace Injury Case

We secured a motion for summary judgment in a significant workplace injury case involving a Laidlow claim. The court ruled that the plaintiff had failed to establish that his employer had committed an intentional and malicious act sufficient to circumvent the workers’ compensation exclusivity provision.

Thought Leadership

View all

Podcast/Webinar

Combatting Nuclear Verdicts in Plaintiff-Friendly Jurisdictions

October 30, 2025

In this podcast episode, John Delany, Gary Samms and John Hare discuss the best approaches for attorneys to prevent nuclear verdicts in the courtroom. https://legaltalknetwork.com/podcasts/insurance-law-podcast-am-best/2025/10/combatting-nuclear-verdicts-in-plaintiff-friendly-jurisdictions/

Are the Eyes a Window on One's Soul? American Mother - A Story of Grace, Humanity and Radical Empathy in the Law

June 23, 2025

We all have heard that saying before and, while there is some truth in the eyes being a window, it certainly is not even close to being an absolute and at times can be very deceiving.

News

View all

Firm Highlights

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

Thought Leadership

Commonwealth Court Holds That a Claimant Who Was Struck By a Car While Crossing the Street During an Unpaid Break Was In the Course and Scope of Employment

This case involved a claim petition filed by a claimant who sustained injuries after being struck by a vehicle while crossing the street in front of the employer’s premises. The employer denied the claim based on course and scope, as the accident occurred during one of two mandatory fifteen (15) minute breaks provided to the claimant. The claimant would punch out at the beginning of a break and punch back in when the break was over.  On the date of the incident, the claimant punched out and left the building to get lunch at a restaurant, which required her to cross the employer’s parking lot, and then a public street, where the injury occurred. The Workers Compensation Judge (WCJ) dismissed the petition, noting that that during the two mandatory fifteen-minute breaks per shift allowed by the employer, the claimant was free to leave the employer’s premises, and during breaks, permitted to engage in whatever activity she desired. The WCJ found that at the time of the accident, the claimant was on her own time, in the middle of the street, and going to get lunch.   The claimant filed an appeal with the Worker’s Compensation Appeal Board (Board), and the Board reversed.  According to the Board, the claimant’s location was still on the employer’s premises, as the claimant was taking her customary route while using a reasonable ingress/egress from the employer.  Further, the Board found that the “Personal Comfort Doctrine” applied, as the claimant was on a momentary departure to take care of her personal comfort, within the window of time she was allotted for her break.  The Board remanded the case, and a WCJ granted the claim petition.  The Board affirmed, and the employer appealed to the Commonwealth Court. Before the Court, the employer argued that the claimant was not in the course and scope of her employment, because the injury did not occur on its premises, and the claimant was outside the bounds of the Personal Comfort Doctrine. The Court, however, rejected these arguments, and dismissed the employer’s appeal.  The Court noted that the break given to the claimant was so cursory, when she set out to relieve her hunger for her own personal comfort,  she remained in the course of her employment when she sustained her injuries.  A Petition for Allowance of Appeal in the Supreme Court has been filed by the Employer, Giant Eagle.

Jason Banonis Holds PDI Attorney of the Year Award with the PDI President

News

Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute

empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent

Portrait of Carolyn Schweizer, with text below: Philadelphia Office Managing Attorney

News

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

Event

Pennsylvania Appellate Update 2025-2026

On August 21, 2026, Casey will serve as a panelist for the live webcast program, “Pennsylvania Appellate Update 2025-2026” presented by the Appellate Advocacy Committee of the Pennsylvania Bar Association and Pennsylvania Bar Institute. The program is divided into three parts—Criminal, Civil, and Administrative. Casey will serve as a panelist for the Civil portion, along with Christina McKinley of Blank Rome, Ben Baer of Injury Law Partners, John Masslon of Keller Postman, Jonathan Bruno of Bruno Litigation LLC, and moderator, Ezza Ahmed of Buchanan Ingersoll.  Registration and more information: https://www.pbi.org/product/pennsylvania-appellate-update-2025-2026/

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Thought Leadership

Appellate Court Rejects Horizontal Immunity Defense to Company Not Acting as Statutory Subcontractor

The First District Court of Appeal held that a property management company was not entitled to horizontal immunity under section 440.10(1)(e), Florida Statutes, in a negligence action brought by an employee of another company working on the property. The claimant was injured while servicing a swimming pool at an apartment complex. His employer had contracted with the property owner to maintain the pool. Following the accident, the claimant received workers' compensation benefits through his employer’s carrier. The claimant subsequently filed a negligence action against the property management company, alleging that it failed to maintain the premises in a reasonably safe condition and failed to warn him of a dangerous condition that caused his injuries. The property management company had been retained by the property owner to maintain the complex in good operating condition and to perform routine maintenance and repair work. The property management company argued that it was immune from suit under section 440.10(1)(e) of Florida’s Workers’ Compensation Law. That provision grants immunity to a subcontractor providing services in conjunction with a contractor on the same project or contract work from civil actions brought by employees of another subcontractor, subject to limited exceptions. According to the property management company, it qualified as a subcontractor working on the same project as the claimant’s employer and was therefore entitled to horizontal immunity. The trial court agreed and entered summary judgment in its favor. On appeal, however, the claimant argued, and the appellate court agreed, that horizontal immunity applies only when a contractor has sublet work arising from a contractual obligation owed to a third party. The court noted that prior decisions consistently held that an entity acting solely on its own behalf as the owner of property, rather than pursuant to a contract with a third party, is not a “contractor” under section 440.10(1), even when it hires other companies to perform work on the property. In Teed, the property management company could not establish that the property owner had a primary contractual obligation to a third party to maintain either the apartment complex or the swimming pool, which it then delegated to the claimant’s employer or the property management company. As a result, the property owner did not qualify as a statutory contractor, and the property management company was not a subcontractor entitled to horizontal immunity under section 440.10(1)(e). The First District therefore reversed the lower court’s ruling and remanded the case for further proceedings on the claimant’s negligence claim.

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

News

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

Thought Leadership

New Jersey Workers’ Compensation Legislation Updates

Since June 1, 2026, there have been no new New Jersey workers’ compensation related cases from the Appellate or Supreme Courts. As such, below will highlight any new legislative updates since February. A1023 | S3984 - Medical Use of Cannabis Under Certain Circumstances This requires workers’ compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on January 13, 2026 and referred to the Assembly Financial Institutions and Insurance Committee. It was also introduced on March 19, 2026 and referred to the Senate Commerce Committee. A1045  - Certain Injuries to Volunteer and Professional Public Safety and Law Enforcement Personnel This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. A1384 | S2757 - Reduce Statute of Limitations in Medical Fee Disputes This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A1870 | S1379 - Workers' Compensation Benefits For Certain Workers Due to September 11, 2001 Terrorist Attacks This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001 terrorist attacks. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. It was also introduced on the same day and referred to the Senate Labor Committee. On February 5, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. A2779 | S1521 - Excludes Certain Illegal Aliens This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A2792 | S1555 -  Prevent Intoxicated Employees from Workers’ Compensation This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3167 | S2372 - Workers’ Compensation Insurance Requirements for Certain Corporations and Partnerships This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. A3548 | S3571 – Maximum Benefits for Certain Volunteers This provides certain volunteer and other workers with maximum compensation benefit for workers' compensation claim regardless of outside employment. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. On March 2, 2026, it was reported from the Senate Committee, 2nd Reading, and referred to the Senate Budget and Appropriations Committee. It was also introduced on the same day and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly State and Local Government Committee. A3724 - Personal Liability to Employer Officers for Failure to Pay for Coverage This provides personal liability for owner, executive officer, or executive director of employer for failure to pay for workers' compensation coverage. It was introduced on January 13, 2026 and referred to the Assembly Labor Committee. On May 7, 2026, it was reported and referred to Assembly Judiciary Committee. A4617  - Certain Workers' Compensation Supplemental Benefits and Funding Method This concerns certain workers' compensation supplemental benefits and funding method. For a permanently and totally disabled worker or surviving dependents after December 31, 1979, with some exceptions, this bill provides for an annual cost of living adjustment in the weekly workers’ compensation benefit rate. It was introduced on March 10, 2026 and referred to the Assembly Labor Committee. S241 - Inclusion in Database of Appointed Officials This requires that workers’ compensation judges and administrative law judges be included in database of appointed officials. It was introduced on January 13, 2026 to the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee. S2290 -  Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 72. It was introduced on January 13, 2026 and referred to the Senate Judiciary Committee. S3144 - Testimony in Workers’ Compensation This concerns submission of testimony in workers’ compensation claims. It was introduced on January 13, 2026 and referred to the Senate Labor Committee. S3342  - Increase Mandatory Retirement Age This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges, and Workers’ Compensation Judges from 70 to 75. It was introduced on February 5, 2026 and referred to the Senate Judiciary Committee.