Can you enter into a binding contract with a city or township? Suppose a city hires you to hand out drinks to runners during its marathon but fails to pay you. Or it agrees in writing to buy your vacant land, then backs out of the deal. Can you sue?…
We Have You Covered: Western PA Attorneys
Pennsylvania Upholds Its $250,000 State Liability Cap on Negligence Claims
A Jury Trial Right Without a Meaningful Opportunity? In a long-awaited decision, the Pennsylvania Supreme Court upheld the Commonwealth’s $250,000 damages cap against a constitutional challenge. The ruling in Freilich v. Southeastern Pennsylvania Transportation Authority, No. 10 EAP 2024 (Pa. Oct. 1, 2026) addresses an issue that has frustrated plaintiffs’ attorneys…
Hidden Arbitration Terms Do Not Establish Agreement: Superior Court Reinforces Duffy
An arbitration clause cannot bind a consumer simply because it appears somewhere in a company’s online terms. In Oakley v. FloatMe Corp., No. 1318 WDA 2025, 2026 PA Super 221 (Pa. Super. Ct. Oct. 1, 2026), the Pennsylvania Superior Court reinforced the requirement that consumers receive clear notice that they…
Superior Court: No “Do-Over” of Trial in Construction Case
Construction law is complicated. A trial judge can get it wrong. It may be necessary for an appellate court to sort out intricate areas of law. But don’t assume an appellate court will also review the testimony, decide which witnesses were credible, and reach its own factual conclusions. The Pennsylvania…
Understanding PA’s Increased Risk of Future Harm Doctrine
Clients of ours often inquire: what if another person’s conduct puts me at risk for harm in the future? Examples include: A doctor who carelessly orders numerous x-rays of the patient’s chest, putting her at risk of harm for cancer. But no cancer occurred, not yet at least. …
Can AI Navigate You Through the Courts Without a Lawyer?
Artificial intelligence is rapidly changing the way we function in life. This author relied heavily on Google Gemini and ChatGPT when building our new law firm from the ground up in the Law and Finance Building. AI helped with everything from building the corporate structure of the new company, to…
Have an Agreement to Arbitrate? You Can Still Lose the Right in PA
Arbitration agreements are common throughout Pennsylvania. They appear in employment contracts, nursing home admission agreements, consumer transactions, construction contracts, financial documents, business agreements, and digital terms of service. An arbitration clause can fundamentally change a legal dispute. Instead of having a case decided by a judge or jury in a…
Appealing a PA State Court Order: Three Common Mistakes
For many litigants, a trial court’s decision feels like the end of the case. In reality, however, civil litigation often continues into the appellate courts. Even then, appellate practice is fundamentally different from trial practice, with the latter being our focus. Lawyers frequently describe appeals as a “separate animal.” The…
Can You Drop a Lawsuit in PA State Court and Re-File It Later?
Litigation is often more stressful, expensive, and time-consuming than expected. As a case progresses, things often change. You may find legal expenses difficult to afford. Maybe the other side fights your case at every turn, harder than expected. Maybe you need time to reconsider your legal strategy or representation. …
Homeowners Beware: Contractor Promises “Free” Repair of Storm Damage in PA
After every major storm, homeowners across Pennsylvania are approached by contractors offering what sounds like an easy solution: “Your property (often a roof) has storm damage.” “Insurance will cover it.” “The repairs will be free, except maybe your deductible.” Sometimes those statements turn out to be true. …
