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. So, how…
We Have You Covered: Western PA Attorneys
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
We 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 local counsel;…
Punitive Damages in PA: Limits Expanding?
In Pennsylvania, there’s no cap on punitive damages that can be awarded for either reckless or intentional conduct. However, in State Farm v. Campbell, 538 U.S. 408 (2003), our United States Supreme Court ruled that the punitive damages cannot be excessive relative to the amount of actual damages. However, a…
FAQ – 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 ride share,…
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…
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)…
