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Home Inspection Contract | Enforceability | Arbitration

Purchasing a home is exciting, especially when you obtain in advance of the sale a report from a home inspector, to better understand the property you’re buying. Nobody likes surprises that waste your time and money, right? But what happens when the inspector fails to note an important defect: something…

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Admission Pro Hac Vice (& How To Lose it) in PA

Our Pittsburgh lawyers regularly help attorneys outside the Commonwealth of Pennsylvania gain admission to handle a case in PA, via motion for admission pro hac vice, which is latin for handling “one thing” or “one case.”  Click here to learn about the simple process.  We’re always happy to serve as…

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A Ban on Work Restriction Agreements Coming? Maybe Not.

A few Google searches about “non-compete ban status” or “will the FTC ban noncompete agreements?” will make it seem inevitable that the FTC (Federal Trade Commission) will work restriction clause enforcement in PA.  In fact, yours truly has also blogged about the FTC’s plans to ban work restriction  enforcement along…

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Punitive Damages For Stealing Information? UPDATE

In a key trade secret case this year, the Pennsylvania Supreme court found acceptable a ratio of punitive damages to actual damages that was arguably 11.2:1 (with punitive damages totaling over 10 times the amount of compensatory damages), which would therefore violate the Due Process Clause of the US Constitution and…

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Limited Tort Exception in PA: Drunk Driver (Or Ability Impaired)

Limited Tort Exception: Driving Under the Influence (“Drunk driver”) Motorists bound by “limited tort” in PA may lose the right to sue for pain and suffering from a motor vehicle accident, unless an exception applies.  These include:   A passenger in a commercial vehicle, such as a bus or ridershare,   when…

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Homeowners Get $3.2 Million Verdict | Developer’s Defects

What happens when you buy a new home — expecting it to be, well, new, and therefore problem-free — but you experience nothing but problems after moving in?  This is exactly what happened when four families in Philadelphia purchased their residential homes in 2015. Noticing water infiltration problems upon moving…

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Uber/Lyft Passenger Injury | Arbitration Clause in PA Update

Injured in a Rideshare | Arbitration Clause Pennsylvania Superior Court Ruling:  Uber’s arbitration clause — buried in the fine print of its popular app — is unenforceable; thus, the injured Uber passenger never waived her right to a jury trial. See CHILUTTI v. UBER TECHNOLOGIES, INC., 2023 P.A. Super 126…

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Lowest Level Civil Court Hearing | What to Expect

What to Expect At the MDJ Hearing  If you’re reading this article, you’re probably wondering what to expect at your hearing before a Magisterial District Judge (“MDJ”) a/k/a small claims court.  The common questions of this Pittsburgh lawyer are: Do I need to attend the hearing in person? Do I…

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Promissory Estoppel in PA | Pittsburgh Lawyer

A Claim for Promissory Estoppel in Pennsylvania If you found this article online, you’re likely wondering whether a particular promise is enforceable, in the absence of a clear “contract.”  A claim for promissory estoppel (or quasi-contract) exists in Pennsylvania where (1) one party makes a reasonably specific promise to another, who (2)…

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PA: What Scar is Needed to Overcome Tort Restriction?

An Often Overlooked Limited Tort Exceptions:  Disfigurement.  A motorist or passenger in Pennsylvania bound by the “limited tort” election can only sue for economic loss, not pain and suffering, unless certain exceptions (such as drunk driving) apply.  The most common exception is when the injury causes a serious impairment of…

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