Cases filed on the magisterial district judge (MDJ) a/k/a small claims court docket (“lowest court”) suffer from one big problem: any party has the right to appeal the award for any reason or no reason. In fact, the defendant need not even show up for court, then still appeal! But…
Blog
Injured Plaintiff in PA: Get Prompt Treatment or Lose in Court
Actions Speak Louder Than Words A party injured in an accident may have reasons for hesitating to get medical treatment. Maybe the injuries “didn’t seem so bad” at first. Or, as in one of our cases, an injured grandmother was primarily focused on getting treatment for her two grandchildren, after…
PA’s Voidable Transfer Act (formerly “Fraudulent Transfer” or UFTA)
Transferring Away Assets to Avoid Debt in Pennsylvania The fear of losing one’s assets can drive a person to do desperate things, especially when facing the prospect of being sued or — worse — facing garnishment of assets relative to an existing money judgment. For the debtor, it is always…
Settlement. Done Deal in PA? Maybe Not.
The Desire to Resolve Disputes in PA The average person has very little appetite for litigating any dispute over money. Perhaps the Plaintiff is asserting a breach of contract claim, for non-payment debt, building construction dispute, or non-compete violation. Or maybe the plaintiff is seeking compensation for a physical injury…
PA Civil Cases: Filing in Person or Online?
Filings in Civil (Non-Criminal) Cases in Pennsylvania Federal courts in Pennsylvania have required electronic filing for decades, going so far as to fine litigants $150 for trying to file a civil claim — or written defense — in person. This applies to all civil claims for negligence — car accident,…
Windfall Recovery in PA? The Collateral Source Rule
When you make a claim for negligence — whether it be from a fall on slippery property or your painting contractor tipping over a paint can in your living room (destroying your hardwood floors) — you can sue for compensation. That much is clear. But what happens your own insurance…
Serving a Security Guard, Enough?
A builder or contractor improving property can take a mechanic’s lien for non-payment for his work, as our Pittsburgh lawyers have written. Only, numerous technical defenses exist. For example, the property owner can strike off the encumbrance to title, if not property served with the action. Enter the parties in…
Defend Trade Secrets Act (DTSA) | PA Claims
Making a “Federal Case” Out of It Pennsylvania courts have long recognized a claim for theft (or “misappropriation”) of a trade secret pursuant to both PA common law (judge-made law) and the PA legislature’s adoption of the Uniform Trade Secret Act. But those are state law claims. The Plaintiff might…
Work Restriction Agreement Litigation | Discovery Allowed in PA
Parties to non-competition litigation often wonder: how much information will the parties exchange (called “discovery”) prior to trial of the claims or defenses? Common Example Let’s say your former employer sues you for violating a work restriction agreement (allegedly). Does this mean the employer can take the depositions of all…
Bring All PA Civil Claims At Once, or Else.
Litigation is time consuming and expensive, both in terms of the filing fees and lawyer costs, making “small claims court” a desirable path for many litigants. There, you get a hearing right away (in weeks versus months) and you don’t need a lawyer. In fact, you can fill-out the Complaint…
