Litigation

Why Can’t We Tell The Jury How Much We Want For Our Injuries?

January 30, 2018
Posted in Litigation

Often many clients will ask, when before a jury, “how much are you going to tell them to give me for my injuries?”  My answer is always the same – “the law does not allow us to tell the jury how much to give, they have to come up with that number by themselves.”  This […]

Having Surgery? Know Your Rights. It’s Your Doctor Who Must Obtain Informed Consent

January 10, 2018
Posted in Litigation

Recently the Pennsylvania Supreme Court announced that a patient undergoing surgery must be counseled fully and directly by the surgeon performing the procedure. It is the duty of the surgeon to obtain informed consent. The doctrine of informed consent protects a patient’s autonomy and body in determining what medical treatment should be allowed.  It is […]

All Slips, Trips and Falls Are Not the Same

January 4, 2018
Posted in Litigation

A great number of cases are filed in courts on behalf of victims suffering major injuries due to slipping and tripping on hazards that otherwise could have been avoided. Many of these injuries occur in grocery stores where there is a lot of produce and food on display and ready to be grabbed and put […]

Update – Medical Malpractice – How Long Do I Have to File a Lawsuit?

December 18, 2017
Posted in Litigation

Last year, our “Legal Spotlight” blog discussed the period of time in which you have to file a medical malpractice lawsuit.  As with many legal issues, the answer is constantly evolving.  Since that article was published,  the Supreme Court has decided to hear a case that yet again could impact the timeline a victim of malpractice […]

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 […]

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