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Litigation

Aug 28, 2017

Public Access Policy of the Pennsylvania UJS: How will it affect you?

In January 2017, the Pennsylvania Supreme Court adopted a new public access policy which seeks to establish uniform standards for all appellate and trial courts in managing the public’s access to court files and records.  While the intention of the policy is to provide clear guidelines on public access to court records, the policy also aims to unify the process by which the public may access court records statewide. » Read More

May 15, 2017

Preventing and Mitigating the Nasty Corporate Divorce

Closely-held corporations are like marriages. When personalities mesh and goals are aligned, the family can prosper. When they don’t, you may end up in a nasty divorce.  When beginning a new venture, however, too many clients overlook the possibility of such a divorce.  Therefore, they forgo spending the time necessary to mitigate the possibility of future disputes.  » Read More

May 15, 2017

Partnership Disputes Can Continue Long After the Buyout

Binge watching HGTV is my guilty pleasure.  Those of you who suffer from the same vice, may have seen HGTV’s “Fixer Upper.”  Well, the stars of the show are now defendants in a million-dollar lawsuit.  So what happened?  Allegedly, the star of the show, Chip Gaines, persuaded his two previous partners to sell their 1/3 interest in Magnolia Realty for $2,500 apiece. » Read More

Jan 19, 2017

Data Breach Negligence Claims and Your Duties

On January 12, 2017, the Pennsylvania Superior Court affirmed the decision reached in Dittman v. Univ. of Pitts. Med. Ctr. by Judge Wettick of the Court of Common Pleas of Allegheny County.  By finding that negligence claims alleging failure to provide reasonable data security for personal health and other information are not actionable, the Superior Court’s affirmation represents a significant step in the development of security and privacy laws.» Read More

Nov 09, 2016

Witnesses to Fatal Crash Obtain $2 Million Dollar Settlement

In a somewhat unusual personal injury case in the Philadelphia Court of Common Pleas, nine Pennsylvania Turnpike workers who saw their co-worker killed by a tractor trailer have obtained a $2 million dollar settlement in a case where the vast majority of damages were sought for emotional distress.  Only one of the nine witnesses had any physical injuries as a result of the crash.» Read More

Aug 09, 2016

Medical Malpractice in Pennsylvania-No More Crisis

According to recent statistics from the Administrative Office of Pennsylvania Courts, 101 medical malpractice cases were tried to a jury verdict in Pennsylvania in 2015, more than a 20% drop from 2014 and less than 1/3 as many from the average in the years 2000 to 2003. Seventy-nine of the jury verdicts in Pennsylvania went in favor of the defense.  The decrease in medical malpractice jury trials is likely due in part due to the increased costs of prosecuting a medical malpractice case, as well as the increased use of alternative dispute resolution such as mediation or binding arbitration.» Read More

Feb 24, 2016

$4.8 Million Verdict Against Business Owners After Failed Attempt to Evade Company Debt

So much for “New Year, New Me.” It turns out the concept of a fresh start isn’t always the answer to moving forward in life. At least not when that entails the creation of a new corporate entity and the fraudulent transfer of assets from an original entity for the purpose of attempting to avoid liability. In fact, for the owners of Outlook Hong Kong and its successor Outlook Singapore, this version of a “fresh start” resulted in a $4.8 million verdict against them on claims of fraudulent transfer, breach of fiduciary duty, and interference in contractual relations.» Read More

Dec 15, 2015

Pennsylvania Safeguards for Victims of Unfair Debt Collection

In addition to the federal Fair Debt Collection Practices Act, Pennsylvania law creates certain protections for consumers facing creditors and their sometimes intimidating debt collection efforts.  The Pennsylvania Fair Credit Extension Uniformity Act (the “Act”), establishes “unfair or deceptive acts or practices with regard to the collection of debts.”  The Act applies to debt collection acts aimed at consumers, where a “consumer” is defined as a natural person residing in Pennsylvania who owes or is alleged to owe a debt or one who has incurred or is alleged to have incurred liability for a debt. » Read More

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