Pain and Suffering From a Vehicle Accident Electing “limited tort” on your own motor vehicle policy in Pennsylvania saves you a few bucks ($100-$300 per year on your premiums), but you risk waiving your right to sue for pain and suffering (or “non-economic loss”) for a car accident. (Click here…
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Violation by Silence? | Protection in Non-Commercial Cases
Expansion of Consumer Protections in PA Last year, our Pittsburgh lawyers wrote about how proving “fraudulent” intent is no longer necessary to maintain a claim for violation of PA’s Unfair Trade Practices and Consumer Protection Law (“UTPCPL” or “CPL” or “Act”). Rather, the Act is a “strict liability statute.” This…
Home Inspection Contract | Enforceability | Arbitration
Purchasing a home is exciting, especially when you obtain in advance of the sale a report from a home inspector, to better understand the property you’re buying. Nobody likes surprises that waste your time and money, right? But what happens when the inspector fails to note an important defect: something…
Admission Pro Hac Vice (& How To Lose it) in PA
Our Pittsburgh lawyers regularly help attorneys outside the Commonwealth of Pennsylvania gain admission to handle a case in PA, via motion for admission pro hac vice, which is latin for handling “one thing” or “one case.” Click here to learn about the simple process. We’re always happy to serve as…
A Ban on Work Restriction Agreements Coming? Maybe Not.
UPDATE: On April 23, 2024, the Federal Trade Commission has banned enforcement of noncompete agreements in employer-employee contracts. Click here for more. This article had been written prior to the ban. A few Google searches about “non-compete ban status” or “will the FTC ban noncompete agreements?” will make it seem…
Punitive Damages For Stealing Information? UPDATE
In a key trade secret case this year, the Pennsylvania Supreme court found acceptable a ratio of punitive damages to actual damages that was arguably 11.2:1 (with punitive damages totaling over 10 times the amount of compensatory damages), which would therefore violate the Due Process Clause of the US Constitution and…
Limited Tort Exception in PA: Drunk Driver (Or Ability Impaired)
Limited Tort Exception: Driving Under the Influence (“Drunk driver”) Motorists bound by “limited tort” in PA may lose the right to sue for pain and suffering from a motor vehicle accident, unless an exception applies. These include: A passenger in a commercial vehicle, such as a bus or ridershare, when…
Homeowners Get $3.2 Million Verdict | Developer’s Defects
What happens when you buy a new home — expecting it to be, well, new, and therefore problem-free — but you experience nothing but problems after moving in? This is exactly what happened when four families in Philadelphia purchased their residential homes in 2015. Noticing water infiltration problems upon moving…
Uber/Lyft Passenger Injury | Arbitration Clause in PA Update
Injured in a Rideshare | Arbitration Clause Pennsylvania Superior Court Ruling: Uber’s arbitration clause — buried in the fine print of its popular app — is unenforceable; thus, the injured Uber passenger never waived her right to a jury trial. See CHILUTTI v. UBER TECHNOLOGIES, INC., 2023 P.A. Super 126…
Lowest Level Civil Court Hearing | What to Expect
What to Expect At the MDJ Hearing If you’re reading this article, you’re probably wondering what to expect at your hearing before a Magisterial District Judge (“MDJ”) a/k/a small claims court. The common questions of this Pittsburgh lawyer are: Do I need to attend the hearing in person? Do I…
