Strategic Settlements In complex tort litigation—particularly construction litigation and other multi-defendant cases—plaintiffs often face a difficult strategic question: Should they settle with some defendants and proceed to trial against others? In Pennsylvania, a plaintiff may settle with fewer than all defendants pursuant to Pennsylvania Rule of Civil Procedure 229….
What Does “Service” Mean in PA State Court?
Servicing Papers in PA State Court Civil Cases You might wonder: why is service of legal papers so important in Pennsylvania? And, what constitutes “good service” in PA state court cases? The answers depends on whether we’re talking about serving the lawsuit, itself, or subsequent papers in the case. …
Appeal to Superior Court: Worth Doing in a Civil Case?
When a party is unhappy with a decision by a judge or jury in the Court of Common Pleas of Pennsylvania, the appellate process offers an important safeguard. In most civil cases, that safeguard is an automatic right of appeal to the Superior Court of Pennsylvania. However, it is critical…
When a Civil Action in PA is Too Late
The statute of limitations creates a hard deadline to file a formal action in Pennsylvania to recover money; the same goes for a statute of repose, as we’ll describe in this article. The application of these concepts can have harsh and arbitrary consequences. For example, if you were a pedestrian…
When Settlement Goes Wrong: Common Errors in PA Civil Cases
Work with Your Lawyer To Avoid Common Settlement Pitfalls Settlement is often viewed as the finish line of a civil case. In Pennsylvania, however, it is also one of the points at which mistakes are most likely to occur. Because a settlement is binding and meant to be final, errors…
Understanding a Default Judgment in PA
Have you received notice of an actual (or impending) default judgment against you in a civil case in the Court of Common Pleas in Pennsylvania? If so, contact a lawyer immediately, because every minute counts. In this article, we explore default judgments and how to open or strike one —…
Understanding Delay Damages in Pennsylvania
What are Delay Damages? Delay damages are an interest-based award to a plaintiff for the time lost in recovering damages in civil actions for money in Pennsylvania. They are designed to compensate the plaintiff for losses incurred due to the delay in receiving their money, from the defendant’s failure to…
The Correct (and Indispensable) Parties
In Shakespeare’s Romeo and Juliet, the family of Juliet frowned upon her dating Romeo simply because his last name was “Montague.” So Juliet famously asked: “What’s in a name?” But when it comes to naming Defendants in a civil suit, the names are extremely important. Failing to identify the Defendants by…
Representation at Mediation in PA
Understanding Mediation in PA Mediation in Pennsylvania is a form of alternative dispute resolution (ADR) where a neutral third party, called a mediator, spends approximately one day with all parties all at one time, to help them compromise to resolve a dispute amicably, short of going to court. …
Risk of Going to Trial: The (Unexpected) Re-Trial
Know the Risks of a Potential Re-Do If you’re considering taking your civil case to trial in Pennsylvania, you’ve done the cost-benefit analysis and above all, you hope that the trial will bring closure at the very least. But what if the trial cannot provide closure? …
