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? …
Understanding Venue in PA State Court
Venue in Civil Lawsuits in PA State Courts When you seek to file a lawsuit in Pennsylvania state court, you can’t just select any court you like. The case must be filed in the right county. This is the concept of venue. It’s different from deciding what state can hear…
Inconvenient Forum in PA (Forum non conveniens)
Forum non conveniens is latin for “inconvenient forum.” It is a legal doctrine in Pennsylvania that applies in civil cases for money, mainly. It allows a court to dismiss a case, if another jurisdiction is significantly more appropriate for the civil trial, based on the location of witnesses, evidence, and…
The Limit of Artificial Intelligence: Common Sense
We are seeing more and more people rely on artificial intelligence (AI) for legal advice, which is not necessarily a bad thing. Whether you use AI alone — or use ChatGPT to “fact check” your lawyer’s advice — you should realize the value of something often lacking: common sense. …
New Law: Put that Cell Phone Away Or Else!
Texting while driving has been banned in Pennsylvania since 2012; however, a new law that went into effect on June 5, 2025 effectively bans all cell phone use of any kind while driving in Pennsylvania. Paul Miller’s Law The law — known as “Paul Miller’s Law” — makes all kinds…
Vicarious Liability of Employer for Employee’s Conduct
Direct and Vicarious Liability for a Business In Pennsylvania, “negligence” exists when a person or company’s actions or inaction fall below the standard of care expected, leading to harm or injury. A company, however, can only act through its agents: either management or workers. When it comes to making a…
Tradeoffs of Negligence Versus Recklessness in PA
In Pennsylvania civil actions for a financial recovery, it’s important to distinguish between ordinary negligence and reckless or intentional conduct. While punitive damages may be warranted for the latter, they are not for ordinary negligence. Pursuing punitive damages may have advantages, but it may also reduce the plaintiff’s recovery, overall….
