Litigation

If a Provision of a Non-competition Agreement is Overbroad, There is a Risk That the Entire Agreement may be Thrown Out

November 27, 2017
Posted in Litigation

In Pittsburgh Logistics Systems, Inc. v. Ceravolo, et al., the Superior Court of Pennsylvania considered whether the geographic scope of a non-competition agreement was overbroad and whether the excessiveness of that provision rendered the non-competition agreement void in its entirety. Employees of Pittsburgh Logistics worked within the trucking industry.  They were required to sign employment […]

An Accountant’s Liability for a Client’s Loans, What?

October 30, 2017
Posted in Litigation

Does an accountant who prepares financial statements for a client’s use in obtaining a loan have exposure to the lender when the client subsequently becomes incapable of repaying the loan?  Even when the accountant has no direct relationship with the lender?  This question was very recently addressed by the Pennsylvania Superior Court in Fulton Bank […]

Are In-House Counsel Fees Recoverable Under a Contractual Provision Allowing Lenders’ Recovery of Counsel Fees?

October 25, 2017
Posted in Litigation

“But you must first realize I’m not another man for hire…” Someone’s Got A Hold Of My Heart, Bob Dylan In Enterprise Bank v. Frazier Family L.P., 2017 WL 3392875, 2017 PA Super 256, (2017) the Pennsylvania Superior Court held that contractual provisions which allow for a lender’s recovery of counsel fees were ambiguous as […]

Sovereign Immunity

September 22, 2017
Posted in Litigation

In Pennsylvania, there is a difference between suing a private citizen and suing a municipality — such as a township or city — and even the State of Pennsylvania as governmental entities. Municipalities and Pennsylvania are afforded what is called “sovereign immunity.” The Doctrine of Sovereign Immunity dates back to ancient Rome but was predominant […]

If You Had the Chance to Choose Home Court Advantage, Why Wouldn’t You?

September 13, 2017
Posted in Litigation

Where battle is waged can be a very practical strategic consideration in any litigation.  So if you had the chance to choose to have home court advantage, why wouldn’t you?  Many times this can be done by agreement.  Parties can agree to the appropriate “forum” in the event a dispute arises between them and litigation […]

Don’t Lose Your Construction Defect Case on a Legal Technicality

July 6, 2017
Posted in Litigation

Are you contemplating a lawsuit, or have already filed a lawsuit, against a builder or contractor for shoddy or defective construction? Are you thinking about repairing or correcting the defective work before, or during, the lawsuit?  Are you aware that repairing or correcting the defective work without giving your contractor an opportunity to inspect the […]

The A,B,C’s of Medical Malpractice

November 22, 2016
Posted in Litigation

Most people hear the term “medical malpractice” and think of a doctor doing something wrong to a patient that could have been avoided.  Even many lawyers who do not handle medical malpractice cases hold to this understanding.  However, this notion, although loosely accurate, does not explain what really goes into a medical malpractice lawsuit.  To […]

Can Your Social Media Accounts Hurt Your Case?

May 18, 2016
Posted in Litigation

Social media is ubiquitous in today’s society. It is a great tool that allows you to connect with family, friends, and the general public. It allows you to share special moments in your life, and to share interesting stories, photos, or events. It allows you to stay connected even if your loved ones move away. […]

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