Direct and Vicarious Liability for a Business In Pennsylvania, “negligence” exists when a person or company’s actions or inaction fall below the standard of care expected, leading to harm or injury. A company, however, can only act through its agents: either management or workers. When it comes to making a…
We Have You Covered: Western PA Attorneys
Tradeoffs of Negligence Versus Recklessness in PA
In Pennsylvania civil actions for a financial recovery, it’s important to distinguish between ordinary negligence and reckless or intentional conduct. While punitive damages may be warranted for the latter, they are not for ordinary negligence. Pursuing punitive damages may have advantages, but it may also reduce the plaintiff’s recovery, overall….
Juror Misconduct in Civil Cases: Basis For a New Trial?
While jurors often “get it right” when deciding whether to award money to a Plaintiff, and determining the amount, the process is time-consuming, risky and jurors are free to say and do just about anything during deliberations. In fact, in Tanner v. United States, 483 U.S. 107 (1987), our United States…
“Tortious Interference” in Pennsylvania
In Pennsylvania, a party who encourages another to violate a contractual duty or who disrupts another’s business relationships with someone else, can possibly face liability for tortious interference with contractual relations. Glazer v. Chandler, 414 Pa. 304, 200 A.2d 416 (Pa. 1964). For example, let’s say you own a business…
The Need For Expert Evidence. Case Destroyer?
The Challenge of Expert Evidence The need for expert evidence can present an insurmountable obstacle to recovering money for a civil claim for damages in Pennsylvania. In every such claim, you need to show that the defendant’s conduct caused the harm you suffered. In most cases, courts require proof of…
Franchisor Responsibility For Franchisee’s Driver’s Negligence
Domino’s Liable for Franchisee Driver’s Crash Let’s say you’re involved in a car accident, and you expect the other driver at fault to pay. But the driver lacks adequate insurance. What additional parties can be responsible to pay for negligence? Worse, you only have two years to file suit for…
Getting (or Opposing) a Preliminary or Special Injunction
What is a Preliminary or Special Injunction? A preliminary injunction is defined as temporary relief granted by the courts to maintain the current situation prior to a full trial. Typically, this involves requesting a court to prohibit an opposing party from taking specific actions or continuing with their current course…
Using AI (Artificial Intelligence) For Litigation. Smart?!
The Use of AI for Legal Work Product Artificial intelligence (AI) helps us gather, simplify, and understand information about complex subjects, such as the laws and legal system. For example, some rely on Google AI search results to provide excellent summaries of the law, mainly for educational purposes. Others rely…
Surprise! A “Board” Will Decide Your Court Case
Understanding the Board of Claims If you think you can sue the Commonwealth of Pennsylvania — or one of its agencies or universities — in court, for breach of contract, think again. It doesn’t matter if you’re a building contractor, constructing a new building for a state university. Or you’re…
Duty to Preserve Evidence | Spoliation in PA
Preservation of Evidence | Spoliation in PA Pennsylvania law imposes a duty on all parties to a civil dispute to preserve evidence within their care, custody, or control. Otherwise, the party who improperly disposes of evidence (“spoliation”) can face severe penalties, which can include: monetary sanctions, a requirement to pay…
