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In Case You Missed it… Legal Updates in PA

Been distracted?  The pandemic side-tracked the entire world, including the legal community, but some notable changes in the law have happened in Pennsylvania.  This blog will track many of those changes and also provide ongoing updates in the law that the public — including lawyers — may have missed. Enjoy!…

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Unfair Trade Practices and Consumer Protection Law (PA)- UPDATE

Unfair Trade Practice and Consumer Protection Law in PA Our Pittsburgh lawyers handle Unfair Trade Practices and Consumer protection claims in Western PA.  These are claims on behalf of Consumers, beyond mere contract law, which provide additional statutory rights.   The statute is called Pennsylvania’s Unfair Trade Practices and Consumer Protection…

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The Fair Share Act in PA – UPDATED & REVISITED

Injury attorneys in Pennsylvania never liked PA’s “Fair Share Act.” This is because it generally did away with the ability in PA to collect the full amount of an injury claim against any party responsible, even if only 1% at fault! On March 18, 2021, the Pennsylvania Superior Court decided…

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Is a Penalty Clause Enforceable in PA?

Penalty Clauses in Pennsylvania Are Not Enforceable Our Pittsburgh attorneys regularly see contract disputes go into litigation. We represent clients who face claims for non-payment of “penalty” clauses.  Clauses that are obvious attempts to punish, will not be enforced.  Some creativity in contract drafting is needed to effectuate punishment that…

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Home Improvement and Commercial Contractor Disputes

It can be an exciting to construct or renovate a home or business, but unfortunately, these undertakings are complicated. Our Pittsburgh lawyers represent both property owners and contractors when disputes occur.  We have experience and insight from both perspectives. Litigation is common for disputes between the property owner and contractor…

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Testifying at a Deposition: What to Expect

As a party or witness in a civil case, you may have received a “notice of deposition” and you want to start your preparation.  Or, you’re turning to Google rather than asking your lawyer to explain (again) the full meaning of a “deposition.”  Either ways is fine!  Let’s get right…

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Personal Injury Recoveries: Medical Liens Explained

Serious Injuries Mean (Seriously High) Medical Bills Maybe your have a personal injury case and heard the phrase “medical lien.” You’re wondering whether it gobble up my settlement.  In claims for physical injury, a health insurance company — or the government — may have paid for some or all of…

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Understanding Law and “Non-Precedential” Opinions

Legal research can be done for free and easily through Google Scholar, but what does it mean when a PA superior court opinion is marked “non-precedential”? Your spell checker — if it’s like mine — won’t recognize the word “precedential” and will suggest “presidential,” which is totally different. A non-precedential…

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Agreement For Arbitration: Binding in PA?

Pennsylvania has joined at least twenty (20) other states in adopting the Revised Uniform Arbitration Act (RUAA) that now governs all agreements to arbitrate in Pennsylvania.  Arbitration can come up in numerous areas of law: Employment contracts, involving non-compete clauses or non-disparagement agreements, Construction contracts, often involving AAA arbitration, A…

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Update – Reference to Insurance Elections at Trial

If your limited tort case doesn’t settle, you may go to trial.  There, the lawyers are generally not permitted to mention insurance in front of the jury.  Rather, the judge will instruct the jury to decide whether it believes the evidence supports a finding that the Plaintiff suffered a substantial…

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