John J. Hare

In a unanimous precedential opinion, the Pennsylvania Superior Court overturned a $5.6 million jury verdict against John’s client, a general contractor.  The court granted a judgment n.o.v., which nullified the verdict without a new trial, on the basis of statutory employer immunity.  Yoder v. McCarthy Constr., Inc., 2023 PA Super 13 (Pa. Super., Jan. 31, 2023), reargument denied (Apr. 11, 2023).

The Pennsylvania Superior Court reversed a trial court’s refusal to compel arbitration of a personal injury claim against a national online marketing platform.  Doe v. Groupon, No. 2166 EDA 2022 (Pa. Super., July 25, 2022).

The United States District Court for the Middle District of Pennsylvania vacated a jury verdict for plaintiff and awarded a new trial to defendant. Ramsey v. Buchanan Auto Park, CIVIL ACTION NO. 1:16-CV-1879 (United States District Court for the Western District of Pennsylvania, March 7, 2022).

The Pennsylvania Supreme Court reversed the trial court and Superior Court and reinstated a defense verdict for John’s clients, a physician and his practice group who were improperly blamed for ending the career of an NFL player. Steltz v. Meyers, 10 EAP 2021, 2021 WL 6058099 (Pa. Dec. 22, 2021).

The Pennsylvania Superior Court vacated a $40.2 million medical malpractice verdict and remanded for a new trial.  Charlton v. Troy, 236 A.3d 22 (Pa. Super. 2020), reargument denied (Sept. 23, 2020), appeal denied, 251 A.3d 772 (Pa. 2021).

The Pennsylvania Superior Court overturned a $10 million verdict against John's client. The original verdict was $20 million, but John succeeded in having it reduced by $10 million during post-trial motions. The remaining $10 million was overturned on appeal. Kimble v. Laser Spine Inst., LLC, 2020 Pa. Super. Unpub. LEXIS 1216, *1 (Pa. Super., April 9, 2020).

The Pennsylvania Superior Court vacated a $35 million judgment against John's client and remanded for a new trial.  Straw v. Golon et al.,187 A.3d 966 (Pa. Super., May 11, 2018), appeal denied, 2019 Pa.LEXIS 950 (February 15, 2019).

In a case in which John filed an amicus curiae brief on behalf of the Pennsylvania Defense Institute, the Pennsylvania Supreme Court unanimously reversed a Commonwealth Court decision quashing the defendant school district's appeal and remanding for consideration of the appeal on the merits.  Wolk v. School District of Lower Merion, 197 A.3d 730 (Pa., December 11, 2018).

In a case in which John filed an amicus curiae brief for a group of 22 university-based experts on sex crimes, the Pennsylvania Supreme Court held by a vote of 5-1 that the retroactive registration of sex offenders under Pennsylvania's Megan's Law is unconstitutional. John's brief addressed extensive research showing that Megan's Law registries actually suppress the reporting and prosecution of sex crimes.  Commonwealth v. Muniz, 2017 Pa. LEXIS 1682 (Pa., July 19, 2017).

The Pennsylvania Superior Court, sitting en banc, vacated a $14.5 million verdict and remanded for a new trial based upon the erroneous admission of expert testimony and prejudicial statements by opposing counsel.  Nelson v. American Standard, et al., 2014 Pa. Super. 286 (Pa. Super., December 23, 2014)(en banc), appeal denied, (Pa., June 21, 2017).

In a case in which John filed an amicus curiae brief for the ASPCA, the Pennsylvania Commonwealth Court struck down regulations of the Department of Agriculture that permitted commercial dog breeders to restrict nursing mothers' access to exercise areas and use wire flooring in their cages.  The Commonwealth Court held that the Department lacked authority to pass regulations that violated Pennsylvania's Dog Law.  Keith v. Commonwealth ex rel. Pa. Dep't of Agric., 151 A.3d 687, 689 (Pa. Cmwlth. 2016).

In a case in which John filed an amicus brief for the Pennsylvania Defense Institute and the Pennsylvania Chamber of Business and Industry, the Pennsylvania Supreme Court invalidated Philadelphia's mandatory consolidation of asbestos cases for trial. Rost v. Ford Motor Co., 151 A.3d 1032 (Pa. 2016).

In a case in which John filed an amicus curiae brief for the Pennsylvania Defense Institute, the Pennsylvania Supreme Court unanimously upheld the reversal of a multimillion dollar verdict against an electric company on the basis that the plaintiff had not satisfied the "retained control" exception to the general rule of nonliability for independent contractors.  Nertavich v. PPL Electric Utilities, No. 21 EAP 2015 (Pa. 2015).

By a vote of 6-0, the Pennsylvania Supreme Court affirmed a judgment as a matter of law for John's clients, a Pennsylvania police department and a police officer, and held that police owe neither a statutory nor a common law duty to unknown passengers in fleeing vehicles.  The plaintiff had been killed during a high speed pursuit.  The Pennsylvania Fraternal Order of Police, The Pennsylvania Chiefs of Police Association, the County Commissioners Association of Pennsylvania, the Pennsylvania Municipal League, and the Pennsylvania Association of Boroughs joined together as amici curiae to support John's position in the Supreme Court.  Sellers v. Township of Abington et al., 2014 Pa. Lexis. 3463 (December 29, 2014).

By a vote of 7-0, the Pennsylvania Supreme Court reversed the Superior Court and the trial court and ruled that John’s client, a general contractor, was immune from suit under Pennsylvania’s statutory employer doctrine.  The ruling nullified a large verdict against the general contractor.  Twenty-one construction and insurance industry groups joined together as amici to support John’s appeal to the Supreme Court.  Patton v. Worthington Associates, 2014 Pa. LEXIS 788 (March 26, 2014).

The Pennsylvania Superior Court dismissed a highly-publicized death case filed against John's client in Pennsylvania based upon the doctrine of forum non conveniens under Pennsylvania's long-arm statute, 42 Pa.C.S. § 5322(e).  Jones v. Morey's Pier Inc., No. 2990 EDA 2012 (March 10, 2014)

In its second ruling in the case in two years, the Pennsylvania Supreme Court unanimously affirmed the Superior Court's reversal of a trial court finding that an insurer was not prejudiced by the insured's failure to report a phantom vehicle within the 30-day time limit set forth in the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. 1702.  The Supreme Court held that an insured reasonably can be expected to alert the insurer of the phantom vehicle within a month's time and, while an insurer cannot deny coverage absent prejudice cause by late notice, showing such prejudice does not require proof of what the insurer would have found had timely notice been provided.  Vanderhoff v. Harleysville Insurance Co., 2013 Pa. Lexis 2581 (Pa. 2013).

In a case in which John filed an amicus curiae brief, the Pennsylvania Supreme Court reversed the Pennsylvania Superior Court and held that a physician has no duty to warn and advise third-party non-patients of a patient's communicable disease.  Seebold v. Prison Health Servs., Inc., 57 A.3d 1232 (Pa. 2013).

In a case of first impression, the Third Circuit Court of Appeals dismissed a putative class action against John's client, a national manufacturer of automobile anti-theft systems, and held that the client was not liable under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, which permits a broad array of damages for violations of any federal or state consumer protection law, because its warranty did not violate any clearly established right under the Magnuson-Moss Warranty Act.  McGarvey v. Penske Auto Group, Inc., et al., 2012 U.S. App. Lexis 13450 (July 2, 2012).

In a decision reconciling two conflicting lines of cases, the Third Circuit Court of Appeals reversed a district court ruling that John's client, an insurer, had a duty to defend a lawsuit claiming that the intoxicated insured assaulted and attempted to kill the plaintiff before taking his own life.  The central issue in the case was whether and to what extent allegations of intoxication can convert otherwise intentional conduct into an accident for purposes of securing insurance coverage.  Addressing "tension" in the existing case law, the Court reasoned in its published decision  that Pennsylvania public policy forbids the extension of insurance coverage to obviously intentional conduct and that allegations of intoxication can create a duty to defend only when the allegations indicate that the insured was so intoxicated that he lacked conscious awareness of his actions or lacked the ability to form intent.  State Farm Fire & Casualty Co v. The Estate of Thomas Mehlman,  589 F.3d 105 (3d Cir., 2009).

The Pennsylvania Superior Court vacated a large verdict against John's client and remanded for a new trial on the basis that the jury should have been allowed to consider whether the plaintiff's claims were barred by the statute of limitations.  Urbach v. Kentile, Inc., et al., 915 A.2d 159 (Pa. Super. 2006), appeal denied, 2007 Pa. LEXIS 1351 (Pa. 2007).

The United States Court of Appeals for the Third Circuit reversed the judgment of the federal district court and ruled that an ordinance passed by John's client, a Pennsylvania municipality, did not violate the Equal Protection Clause of the United States Constitution. Philadelphia Owners Association v. City of Philadelphia et al, 57 Fed. Appx. 961 (3d Cir. 2003).

The Pennsylvania Supreme Court reversed two lower courts and awarded a judgment notwithstanding the verdict, erasing a substantial judgment against John's client, a professional corporation, on the basis that the plaintiff's res ipsa loquitur theory of liability was invalid as a matter of law. Toogood v. Rogal, 824 A.2d 1140 (Pa. 2003).