A civil claim for “fraud” in Pennsylvania is serious business: the victim can recover a money judgment for actual damages plus punitive damages and attorney fees. Plus, a judgment for fraud or deceit cannot be discharged in bankruptcy. As such, the burden to prove deceit is relatively high. In PA,…
We Have You Covered: Western PA Attorneys
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…
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…
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…
Contemplating a Change?
Think you might fire your current legal representative and retain a new one? You, the client, have the right to the representative of your choice. And sometimes, after working with a particular attorney, you may develop second thoughts. Below, we provide answers to Frequently Asked Questions: When should I fire…
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,…
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…
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…
