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…
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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…
Promissory Estoppel in PA | Pittsburgh Lawyer
A Claim for Promissory Estoppel in Pennsylvania If you found this article online, you’re likely wondering whether a particular promise is enforceable, in the absence of a clear “contract.” A claim for promissory estoppel (or quasi-contract) exists in Pennsylvania where (1) one party makes a reasonably specific promise to another, who (2)…
PA: What Scar is Needed?
An Often Overlooked Limited Tort Exceptions: Disfigurement. A motorist or passenger in Pennsylvania bound by the “limited tort” election can only sue for economic loss, not pain and suffering, unless certain exceptions (such as drunk driving) apply. The most common exception is when the injury causes a serious impairment of…
Pittsburgh Lawyer | Pro Hac Vice
Limited Admission to Handle One Case in Western PA Lawyers admitted in jurisdictions outside of Western Pennsylvania can gain admission to practice law in Western PA “pro hac vice.” The latin meaning is, “for this occasion” or “for this event” (literally, “for this turn”). This makes sense. The type of…
Court: No Protection For Spreadsheet
Investment Analyst Sues BNY Mellon and Deloitte for Using His “Trade Secret” On October 6, 2023, an Investment analyst learned a hard lesson about trade secret law. Anyone who creates technology for another — such a spreadsheet system for picking stocks — can lose the rights to such information. No…
Subcontractors’ 3.2M Judgment is Gone, Must Pay Attorney Fees
The Superior Court of Pennsylvania recently provided an expensive lesson to contractors about contract law, unjust enrichment, and when attorney fees will be awarded. In SDSP, LLC v. ATTIAS, No. 1029 EDA 2022 (Pa. Super. Ct. June 20, 2023), a group of subcontractors won a judgment for 3.2M against a…
Advantages of Filing in Lowest Court in PA
Advantages of Suing For Money in Small Claims Court Small claims court is the fastest and most cost-effective way to resolve many civil claims for money. That said, we have written about the pitfalls of filing your lawsuit for money in small claims court. The big disadvantage is, either side…
Your Emoji – A Binding Contract in PA!?
Can a 👍 Emoji Create a Contract in Pennsylvania? A recent case has lawyers wondering: can your emoji — without more — bind you to a major contract in Pennsylvania? One court said “yes.” There, the court held a party liable for failing to deliver 87 metric tonnes of flax…
Discriminatory Work Restriction: PA Attorney General Supports Ban
The Federal Trade Commission (FTC) has proposed a ban on every non-compete agreement, nationwide. However, noncompete agreements remain legal in Pennsylvania — in certain limited instances. That said, Pennsylvania’s Attorney General, Michelle Henry, supports a ban of non-competes. While there’s nothing pending by the AG’s office in PA to ban…