Mediator Resume

Recently retired federal judge with over 22 years of service on the U.S. District Court for the Middle District of PA, including seven years as chief judge. Served 3 years on U.S. Judicial Conference and appointed to two Conference Committees by Chief Justice. Presided over numerous jury and bench trials, preliminary injunction hearings, and evidentiary proceedings. Skilled in handling MDL cases, mass tort litigation, class actions, insurance law, professional liability and healthcare law cases, intellectual property litigation, commercial disputes, antitrust litigation, employment litigation, and construction/contractor disputes.

Saxton & Stump LLC - Shareholder

Attorney, Arbitrator, Mediator, Judge (ret.)

Shareholder, Saxton & Stump 2025-Present; United States District Judge (2002-2025)/Chief Judge (2013-2020), Middle District of PA, 2002-2025; Shareholder and Chair of Commercial Litigation, Mette, Evans, & Woodside, P.C., 1982- 2002.

JUDICIAL As Article III judge presided over 140 bench and jury trials and thousands of cases, including two MDLs - one involved allegations of price-fixing in a large, consumer product industry and the other involved a defective medical device used in hospitals. Large cases dispositions, including products liability disputes, first amendment claims, tax liability issues flowing from dozens of related entities, and constitutional claims arising from state and federal statutes. Numerous class actions and collective actions, data breach cases, Covid pandemic damages claims, medical malpractice jury trials, intellectual property disputes involving Lanham Act, trade secret and unfair competition violations, patent infringement and licensing issues. With diversity jurisdiction, also handled a wide variety of state law claims including personal injury (aviation and motor vehicle), employment and contract disputes (including oil and gas). LARGE COMPLEX CASES In addition to description in JUDICIAL experience, several mass tort cases - alleged carcinogens at large machining plant as well as numerous asbestos cases involving unions of plumbers and pipe fitters. Two examples of complex class actions: (1) allegations of unconstitutional strip searches of thousands of pretrial detainees, and (2) allegations of due process violations and improper residential placement of thousands of juveniles. Also represented clothing manufacturer in allegations of sweat shop conditions in overseas assembly facility. HEALTHCARE AND INSURANCE LAW Presided over all manner of healthcare disputes: qui tam actions, numerous medical malpractice trials, including approximately 6 to verdict, and handled medical device and latex rubber gloves cases. Presided over constitutional challenge to Obamacare, challenges to state insurance captives and reserve limits, and a wide variety of insurance coverage disputes involving conflicts of law, sundry state insurance law applications, and clarity or ambiguity of exclusions. SPORTS AND EMPLOYMENT Presided over disputes involving Title IX, state athletic association, association rules and appeals from decisions of referees, coaching abuse claims, and athlete disciplinary matters. Presided over employment contract disputes, Title VII discrimination and sexual harassment claims, Equal Pay Act disputes, and Fair Labor Standards Act litigation. INTELLECTUAL PROPERTY Presided over numerous preliminary injunction hearings on alleged infringement, Markman hearings on diverse products such as electrical connectors and software programming, trademark, trade dress, and copyright disputes, unfair competition claims, and misappropriation of trade secrets.

Served as mediator for approximately 12 years prior to judicial appointment. Mediated almost all subject areas of federal litigation, including personal injury, class actions, sexual harassment and employment discrimination claims, commercial and business dispute, trade secret and unfair competition claims, multi-party cases, litigation involving governmental entities with Sunshine Act and public meeting requirements, insurance related claims with multiple layers of coverages and potential tail impact, and claims necessitating sale of business.

A very broad range of issues such as: dispute between college athlete and university over expulsion based upon altercation; dispute between competing entities over trade secrets and engineering drawings amid claims of reverse engineering; Covid interruption class actions; shareholder derivative and RICO claims based upon breach of fiduciary duties and self-dealing.

I have been a mediator and federal judge for over 30 years, and I know quite well that there are varying perspectives to every dispute. I endeavor to learn as much as I can about the case prior to the mediation. I ask that the parties submit confidential mediation memoranda at least one week prior to the mediation. I also schedule separate mediation telephone or Zoom calls with each party prior to the mediation. During the mediation I encourage as much discussion as possible to become educated about the nuances of the parties’ areas of disagreement. Thereafter, I engage in both facilitative and evaluative mediation efforts to encourage the parties towards an amicable resolution that satisfies their respective interests prior to trial. With entrenched parties, I will typically seek out or suggest creative approaches and alternative settlement consideration to move the needle to final resolution.

Willing to conduct arbitration hearings and mediations using on-line platforms such as Zoom. In addition, willing to conduct hybrid arbitration hearings, as necessary. Preference for electronic submissions of all materials. Proficient with iManage share, Word, and alternative formats.

Pennsylvania State University-Dickinson School of Law (JD-1982); Cornell University (BA-1979).

Admitted to the Bar: Pennsylvania (1982); U.S. District Court: Middle District of Pennsylvania (1982); U.S. Court of Appeals: Third Circuit (1985); U.S. Supreme Court (1990).

Pennsylvania Bar Association (President-Elect when nominated to bench--several terms as a Board member); Pennsylvania Bar Foundation (Life Fellow); Dauphin County Bar Association (past Board member); Former Adjunct Professor: Penn State--Dickinson School of Law; Former Adjunct Professor: Widener University - Commonwealth Law School.

Ethics Deskbook for United States Judges (First Edition 2020), editor and co-author. This publication is distributed to every judicial officer in the federal judiciary as a comprehensive resource for navigating thorny ethical issues. Bridges in Medicine, co-author of chapters on “Developing Good Judgment” (publication pending). Authored and co-authored many CLE program materials for the Federal Bar Association, the Pennsylvania Bar Institute and other CLE providers on various topics in the areas of federal practice, federal procedure, and ethics.

Philadelphia, Wilmington, Baltimore and Washington DC.

Hourly Rate: $1,000.00 Daily Rate: Not provided Study Rate: $1,000.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Harrisburg, Pennsylvania