John P. Morgenstern

Professional Rated AV Preeminent by Martindale-Hubbell 2015 to present Pennsylvania Super Lawyers 2018 to present Top Attorneys, Philadelphia Magazine 2018 to present The Order of Barristers, inducted May 1997 Military Bronze Star Medal, awarded in Baghdad, Iraq, February 2004 Meritorious Service Medal, awarded in Heidelberg, Germany, June 2005 NATO Commanding Generals Commendation, awarded in Sarajevo, Bosnia-Herzegovina, April 2005 U. S. Army Commendation Medal, awarded in Sarajevo, Bosnia-Herzegovina, April 2005 Representative Cases In re: USA Gymnastics, Chapter 11 bankruptcy in the United States Bankruptcy Court for the Southern District of Indiana, Indianapolis Division (arising from sexual abuse of athletes). Haberle v. Borough of Nazareth, et al., 885 F.3d 170, 2018 WL 1386431 (3rd Cir. 2018) (involving police officers obligations to accommodate disabilities while making lawful arrests). Dolfman v. Cedar Fair et al., U. S. Court of Appeals for the Third Circuit, No. 15-2695 (May 4, 2016) (involving legal causation and the accidental death of a foreign exchange student). RHJ Medical Center, Inc. v. City of Dubois, U. S. Court of Appeals for the Third Circuit, No. 12-3641 (April 24, 2014) (involving the placement of a methadone clinic in a city business district). In Re Catholic Diocese of Wilmington, Delaware (litigation in several state and federal courts involving decades of alleged sexual abuse. Hedges v. Musco, et al., 204 F.3d 109 (3rd Cir. 2000) (affirming summary dismissal of Fourth Amendment claims based on alleged intrusive search of a 14-year old high school student that included the testing of bodily fluids). Damiani v. Township of Bensalem, et al, 2012 WL 1657920 (E. D. Pa. 2012) (defense verdict in case of alleged excessive force while taking a suspect into custody). Monger v. Upper Leacock Township, 132 A.3d 585 (Pa. Cmwlth. Ct. 2016) (summary dismissal of case involving alleged detrimental reliance on representations by township manager during site plan application). Otto v. George Smith Towing, PA Court of Common Pleas for Philadelphia County, February 2017 Term, No. 4317 (class action against towing company). School District of Philadelphia vs. several architecture firms, PA Court of Common Pleas for Philadelphia County, 2013 (where public school district brought lawsuits long after design work and construction was completed on school buildings implicating the doctrine of nullum tempus occurrit regi). Yakal-Kremski v. Denville Township Board of Education, 329 N. J. Super. 567, 748 A.2d 642 (NJ App. Div. 2000) (enforcing limits on recoverable expert witness fees). Publications and Lecture Regular Presenter to Temple University Beasley School of Law Honors Program on Practical Litigation Skills and Investigation Techniques since 2019. Nuclear Settlements in Mass Tort Claims: Lessons from Recent Sexual Abuse Cases, Multi-District Litigation and Bankruptcies, Federation of Defense and Corporate Counsel (FDCC) Annual Meeting, July 27, 2023. Using Military Intelligence to Increase Efficacy: Maximizing Productivity and Civility Using Military and Intelligence Interrogation Methods, FDCC September 22, 2021. Maximizing Deposition Productivity Through Civility, Pennsylvania Bar Institute, Civility in the Profession Committee, June 21, 2021. The Interrogators Guide to Depositions, Investigations, and Discovery: What Civil Trial Attorneys Can Learn from the Worlds Best Interrogators (Archway Publishing 2018). What Judge and Lawyers Can Learn from the Worlds Best Interrogators, Philadelphia Bar Association Bench-Bar Conference, October 2019. DRI Medicare Secondary Payer Act Case Law Update 2018 presented to national audience, May 2018. DRI Medicare Secondary Payer Act Case Law Update 2017 presented to national audience, April 2017. DRI Medicare Secondary Payer Act Hot Topics presented to national audience, November 2015. DRI Medicare Secondary Payer Act Case Law Update 2014 presented to national audience, November 2014. DRI Medicare Secondary Payer Act Case Law Update 2012 presented to national audience, September 2012. Medicare Secondary Payer Act Update: Tackling the Most Common Obstacles to Settlements, March 2011. Medicare Secondary Payer Act Issues in Chinese Drywall Litigation, 2010 East Region Construction Defect and Insurance Coverage Conference, Boca Raton, FL June 2-4, 2010. Practitioners Guide to the Medicare Secondary Payer Act, an overview of Medicare set-aside arrangements and Medicare Secondary Payer reports, February 2009. Settler Beware: Navigating the Amendment to the Medicare Secondary Payer Act, DRI committee newsletter, 2009. Congress Provides Additional Breaks to Military Members and Families under the Servicemembers Civil Relief Act, March 2007. The Continuing Evolution of USERRA (Uniformed Services Employment and Reemployment Rights Act), The Job Description (DRI Employment Law Committee newsletter), Fall 2007. Military Issues in Civil Litigation, Pennsylvania Defense Institute Continuing Legal Education, March 4, 2006. Strategic Use of the Motion to Dismiss and Preliminary Objections, Pennsylvania Defense Institute Continuing Legal Education, May 17, 2007. Supreme Court Clarifies Triggering Event for Title VII Pay Discrimination Claims, The Voice (Defense Research Institute newsletter) June 13, 2007. Supreme Court Expands Pool of Retaliation Plaintiffs in Federal Courts, March 2007. Welcoming Home the Service Member Employee: A Primer on the Uniformed Services Employment and Reemployment Rights Act, June 2007. Observations from Behind the Wall in Iraq, International Human Rights Lecture, University of Pennsylvania School of Law, April 3, 2006. Related News Congratulations to OHagan Meyers 2021 Super Lawyers!Pennsylvania Supreme Court Defines Plaintiffs Affirmative Duty to Timely Effectuate Service of Process Exciting News About Our Expanded OHagan Meyer Team In Philadelphia Pennsylvania Attorney General Announces Investigations of Nursing Homes for Criminal Neglect Pennsylvania Executive Order Grants Limited Civil Immunity to Health Care Professionals for Treatment of COVID-19 Patients