By: Matthew J. Lautman, Robert H.C. Ralston, and Samuel H. Simon In December 2020, the Pennsylvania Supreme Court heard oral argument in Mortimer v. McCool, et al.,[1] which presents the question of whether the Court will adopt the “enterprise” or “single entity”...
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Business Litigation
Superior Court Further Extends Reach of Negligent Misrepresentation Claims in Pennsylvania
Approximately two years ago, I commented on the Superior Court opinion in Gongloff Contracting, L.L.C. v. L. Robert Kimball & Assoc., No. 785 WDA 2014 (Pa. Super. 2015), which expanded the reach of Pennsylvania's negligent misrepresentation law from applying only...
Are Non-Competes Enforceable in PA Independent Contractor Agreements?
Short Answer: Yes, but as with all non-compete provisions, proceed with caution and draft wisely. Like many states, Pennsylvania has long viewed restrictive covenants such as covenants not to compete with disfavor. Despite its preference against them, non-compete...
What Is the Pennsylvania One Call System?
April is National Safe Digging Month, reminding all contractors and homeowners to call 811 at least three business days before starting a digging project to ensure that all underground utility lines are properly marked and precautions are taken to ensure safety and...
PA Superior Court Holds Service on Franchisee’s Employee Ineffective to Complete Service on Franchisor
In Trexler v. McDonald's Corp., 2015 PA Super 131 (June 3, 2015), the Pennsylvania Superior Court was asked to decide whether a corporate franchisor was properly served with original process where the plaintiff served the franchisee's employee at a restaurant location...
Creditor’s Failure to Allege Condition Precedent in Complaint in Confession of Judgment Cannot Be Cured through Amendment, Says PA Superior Court
Where a creditor files a complaint in confession of judgment but fails to allege the occurrence of a condition precedent, can the defect be cured through amendment in order to prevent exhaustion of the warrant of attorney? The Pennsylvania Superior Court has held...
Third Circuit “Irons” Out Why Injunction Stands After False Advertising Claims Affirmed
In Groupe SEB United States, Inc. v. Euro-Pro Operating LLC, 2014 U.S.App. LEXIS 23785 (3.d Cir, 2014) the United States Court of Appeals for the Third Circuit recently affirmed a District Court's decision to grant a preliminary injunction against a household consumer...
Pennsylvania High Court Takes Up Enforceability of Restrictive Covenant In Non-Compete Agreement
In Socko the plaintiff sued his employer, Mid-Atlantic, after it threatened litigation to enforce a non-compete agreement Socko executed during his tenure with Mid-Atlantic. While employed as an at-will employee with Mid-Atlantic, Socko signed multiple employment...
Pennsylvania Supreme Court Clarifies Considerations for Venue Transfer
In Bratic v. Rubendall, 99 A.3d 1 (Pa. 2014), the Pennsylvania Supreme Court addressed and clarified the application of venue rules and venue transfers on the basis of forum non conveniens. The Bratic decision offers defendants a much more robust set of options for...
“RED BULL GIVES YOU WINGS”; NEW YORKERS AND CALIFORNIANS FILE SUITS AFTER CONSUMING RED BULL ENERGY DRINKS AND FAILING TO GROW WINGS
A New York federal judge granted preliminary approval to a settlement reached between groups of New Yorkers and Californians who challenged the energy drink maker, Red Bull's, advertising slogan that "Red Bull gives you wings!" In Careathers v. Red Bull North America,...
