John M. Gallagher, Esquire

Personal Injury • Business Law • Real Estate

John M. Gallagher, Esquire

John M. Gallagher is a board-certified Civil Trial Advocacy Specialist, as determined by the prestigious National Board of Trial Advocacy in Boston, since 1993. He concentrates his practice in insurance bad faith, medical negligence, dangerous products, personal injury litigation, estate litigation, mortgage foreclosure defense, shifting of attorney’s fees to the opposing party and electronic discovery consultation. He served as president of the Delaware County Bar Association in 1993-94 and president of the Pennsylvania Association for Justice (then the Pennsylvania Trial Lawyers Association) in 2004-05. He chaired the Ethics and Professionalism committee of the Pennsylvania Bar Association from 1995-2001.

Mr. Gallagher has tried cases for the past forty-four years in trial courts in Philadelphia, Delaware, Montgomery, Chester, Bucks, Berks, Lackawanna and Washington Counties, Pennsylvania, and has argued cases before all of Pennsylvania appellate courts, federal courts in Pennsylvania and Washington, DC, and has twice appeared successfully in the United States Supreme Court. He is admitted to practice in all Pennsylvania courts, as well was the U.S. Court of Appeal for the Third Circuit and D.C. Circuit, the U.S. Court of Claims, and the U.S. Supreme Court.

Mr. Gallagher is a frequent lecturer on medical-legal litigation and electronic discovery issues to lawyers and physicians. He has lectured and organized over seventy continuing legal education seminars during his career, on subjects as diverse as Preliminary Injunctions, Seat Belt Injuries, Traumatic Brain Injuries, Automobile Insurance, Professionalism for Lawyers; and Maintaining Professional Civility. He graduated from Temple University School of Law.

Education

St. Joseph’s Preparatory School 1962

St. Joseph’s College, B.A. (English) 1966

Temple University School of Law, J.D. 1969


Jurisdictions where admitted to practice

Courts of Common Pleas of Delaware, Philadelphia, Bucks, Chester, Montgomery, Berks, Washington and Northhampton Counties; Pennsylvania Commonwealth, Superior and Supreme Courts; U.S>. District Court for the Eastern District of Pennsylvania, Third and D.C. Circuit Courts of Appeals; U.S Court of Claims, U.S. Supreme Court.

Select Professional Accomplishments

Mr. Gallagher has successfully sued one of the “Big Three” automobile manufacturers. He has twice successfully litigated appeals to the United States Supreme Court (Thornburgh v. McMullan, October Term 1981, No. 81-1240; National Railroad Passenger Corporation (AMTRAK) v. Cummings, October Term 1987, No. 87-155). In 1996 Mr. Gallagher won a substantial jury verdict in DeCarlo v. Chester County Hospital, ending a twenty-year “drought” during which no plaintiffs had won medical malpractice cases in Chester County.

Mr. Gallagher served as President of the Pennsylvania Trial Lawyers Association, 2004-05 (Board fo Governers, 1987-date). He was instrumental in establishing high school “Youth Courts” in Chester (Pennsylvania) High School, which are models for Youth Court programs throughout the Commonwealth of Pennsylvania.

Mr. Gallagher is a Board Certified Civil Trial Specialist, as determined by the National Board of Trial Advocacy.

Select Publications

“How to Organize and Launch a ‘People’s Law School,’” The Barrister, Winter 1990-91.

Book review of The Invisible Constitution, by Laurence H. Tribe (New York; Oxford, 2008). Published in The Pennsylvania Lawyer, May/June 2009. A Harvard Law School constitution law professor discusses the “dark matter” of our Constitution, such as the “dormant” commerce clause.

Book review of Plain, Honest Men (New York: Random House 2009), by Richard Beeman, Ph. D., published in The Pennsylvania Lawyer, Nov-Dec. 2009, p. 55. The chair of the University of Pennsylvania’s history department recreates Philadelphia during the summer of 1789, when the U.S. Constitution was drafted.

Select professional presentations and seminars

“Environmental and Toxic Torts: Termiticdines” given at the Pennsylvania Trial Lawyers’ Association 1989 Midwinter Convention, Orlando, FL, March 23, 1989.

“Preliminary Injunctions” given at the Delaware Country Bar Association Civil Procedure Seminar, “Frequently Misunderstood, Misapplied or Misfiled Areas of Civil Practice,” Media, PA, June 25, 1990.

“Representing the Plaintiff Injured by Lack of a Rear Seat Shoulder Belt,” Kaleidoscope of Tort Tips, Pennsylvania Trial Lawyers’ Association Annual Convention, Pittsburgh, PA, July 25, 26, 1991.

“Discovering and Proving Your Client’s Hidden Closed Head Injury,” Kaleidoscope of Tort Tips, Pennsylvania Trial Lawyers Association Annual Convention, Hershey, PA, July 11, 1992.

“Revisions to the Federal Rules of Civil Procedure Effective December 1993,” Delaware County Bar Association Seminar, Media, PA, April 2, 1994.

“Pennsylvania Four-County Civil Practice,” Pennsylvania Bar Institute Seminar, Fort Washington, Expo Center, Fort Washington, PA, February 17, 1995, Sheraton Valley Forge Hotel, King of Prussian PA, Chester County Bar Association, West Chester, PA; Drexelbrook Inn, Drexel Hill, PA; and Wanamaker Building, Philadlephia, PA, semi-annually, 1995-2014.

Course Planner, “The Ethics of Communicating Ex Parte with a Party’s Employees under Pennsylvania Rule of Professional Conduct 4.2,” The Guy G. deFuria Inn of Court of the Delaware County Bar Association, Media, Pennsylvania, February 12, 1998.

“The Fair Comment v. Judicial Proceedings Privileges in the Law of Libel and Slander,” and “Handling Pretrial Publicity,” Guy G. deFuria Inns of Court Seminar, Media, Pennsylvania, October 27, 1999.

Course Planner, Vigorous Trial Advocacy While Maintaining Civility, Delaware County Bar Association Seminar, November 12, 1999.

Course Planner, Pennsylvania Association for Justice Seminar, Traumatic Pain and Psychological Injuries, December 19, 2007, Philadlephia, Pennsylvania.

Course Planner, Delaware County Bar Association seminar, “Discovery of Electronically Stored Information,” April 20, 2011, Media, Pennsylvania.

Personal

Mr. Gallagher was born in Lakehurst, New Jersey. He and his wife, Joan Gallagher, have two adult children, Leigh and Andrew.

John M. Gallagher, Esquire

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