Two Different Ways to Punish the Defendant Some civil cases in PA involve a claim against the Defendant for treble or triple damages, which is typically for violation of a consumer protection statue, such as PA’s Unfair Trade Practices and Consumer Protection Law (“UTPCPL”). There, the plaintiff can get award…
The FTC Bans Noncompete Enforcement in the US (For Now)
On April 23, 2024, the Federal Trade Commission (FTC) followed through on its promise in January of 2023 to ban the enforcement of noncompete agreements between employers and employees. However, a federal judge has since set aside the ban. The matter be appealed to the Supreme Court, most likely. …
Legal Malpractice: The Basis for Liability
Legal Malpractice in PA: What Is It, Really? To sue anyone for money in Pennsylvania, the party bringing suit needs two things: (1) a valid claim for negligence or breach of contract, for example, and (2), the plaintiff must commence suit within the appropriate statute of limitations: 2 years for negligence,…
The Bottom Line in Litigation: the Verdict Slip
Clients — who hire our Pittsburgh litigation lawyers to sue for money — often ask: how much money can I get at trial? Or, when we represent a defendant: how much money could a jury order me to pay? It all comes down to one question: The wording of the…
Non-Competition Clauses: Bind Doctors, But Not Lawyers?
All work restriction agreements — or “non-competes” — unduly hurt workers, according to the Federal Trade Commission (FTC), which has banned noncompete enforcement nationally on April 23, 2024, subject to judicial review. Click here for more. But there is one type of worker against whom the courts have never enforced…
Fraudulent Inducement in PA
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,…
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…
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…
