Blog

The PA Attorney General: Weak on Contractors?

Pennsylvania’s Home Improvement and Consumer Protection Law (“HICPA”) effective July 1, 2009, talks a good game.  For example, it allows a homeowner to sue a home improvement contractor for various forms of deceptive conduct plus treble (or triple) damages and attorney fees. HICPA also gives the Commonwealth of Pennsylvania’s Attorney…

read more

Appealing an Award by the Lowest Court (PA)

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…

read more

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…

read more

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…

read more

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,…

read more

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…

read more

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…

read more

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…

read more

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…

read more