Be Wary of “Binding Mediation”
Over the last 100 years, High Swartz attorneys have engaged in countless cases involving alternative dispute resolution, representing litigants in arbitrations and mediations and serving as arbitrators and mediators. Recently however, I have noticed a newer concept being incorporated into contractual provisions and settlement discussions: “binding mediation”. Such a provision raises immediate questions. What is […]
What is the Statute of Repose in Pennsylvania?
A statute of repose in Pennsylvania places a time limit that cuts off a plaintiff's ability to recover damages in a civil lawsuit. Typically, it's used for product liability cases, construction defects or designs, and medical negligence claims. Statute of Limitations vs. Statute of Repose A statute of repose differs from a statute of limitations, […]
Commercial Lease Agreements: Why You Need A Lawyer
September 24, 2015 By Kevin Cornish, Esq. Small business owners spend significant time and money preparing to open and operate their businesses. From market research to obtaining necessary equipment to securing inventory, the tasks are endless. Small business owners must also secure facilities from which to operate. Often, this means renting commercial space from a […]
What happens when your insurance company refuses to defend you?
In these cases, its important to understand that just because the insurance company asserts that the policy does not provide coverage, does not necessarily make it true. Individuals and businesses purchase insurance to protect themselves and their assets: automobile insurance to protect them in the event of an accident involving a motor vehicle; homeowners insurance […]
HICPA Compliance and Unjust Enrichment Claim
By Kevin Cornish, Esq. March 11, 2015 This is a follow up to the June 1, 2014 blog entitled Pennsylvania Supreme Court to Decide Whether HICPA Allows Recovery under a Theory of Unjust Enrichment. HICPA does not preclude recovery on Unjust Enrichment Claim The Pennsylvania Supreme Court issued its decision in the case of […]
Noncompetes: Is Consideration Needed, or Just the intention to be Legally Bound?
By Thomas D. Rees, Esquire June 16, 2014 It has long been an article of faith – and precedent – that a Pennsylvania employer must provide an employee with consideration for an enforceable agreement prohibiting post-employment competition with the employer. In short, the employer must provide the employee with a benefit to offset the burden […]
Pennsylvania Supreme Court to Decide Whether HICPA Allows Recovery under a Theory of Unjust Enrichment
By Kevin Cornish, Esq. June 1, 2014 HICPA Background In 2009, the Pennsylvania Home Improvement Consumer Protection Act (“HICPA”) went into effect (73 P.S. 517.1 et seq.). HICPA requires all home improvement contractors to register with the Bureau of Consumer Protection. Additionally, HICPA sets forth numerous requirements that must be followed in order for a […]
Is a Homebuilder Liable for Hidden Defects? PA Supreme Court to Decide
By Mark R. Fischer, Esq. May 20, 2014 No one really knows what surprises lie ahead after purchasing a home. That’s because many of the potential problems with a home cannot be seen by the purchaser, even with a reasonable inspection. Also, even though problems may exist from the time the home is built, they […]