Litigation: Latest Legal Blogs and News
The trial lawyers at Houston Harbaugh, P.C., combine aggressive courtroom advocacy with sophisticated litigation strategy in high-stakes commercial, insurance, AI, employment and intellectual property disputes. Our team delivers precision-focused representation across Pennsylvania, West Virginia, Ohio, and other jurisdictions, serving regional and national clients from innovative startups to Fortune 500 companies. We excel in crisis response and bet-the-company litigation and our team leverages advanced AI driven case management technology to provide cost-effective solutions in large document production e-discovery matters and courtroom technology presentations. Major law firms regularly choose us as local counsel for their most significant matters, recognizing our sophisticated capabilities and deep regional expertise in complex commercial disputes, insurance coverage battles, and cutting-edge IP litigation.
Third Circuit Shuts Down Policyholder’s Requests for Insurance Coverage for COVID-19 Related Business Losses
Wilson et al v. USI Insurance Services, LLC, et al., In Wilson et al v. USI Insurance Services, LLC et al., No. 20-3124 (3d Cir. Oct. 8, 2024)...
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Federal Court says Jimmy Kimmel’s Prank on George Santos Passes As Fair Use
USDC SDNY Grants Motion to Dismiss in Santos v. Kimmel, American Broadcasting Companies, Inc., and Walt Disney Company, 1:24-cv-01210 Copyright Action In a ruling that’s being hailed as...
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Legal Issues With Blockchains, Cryptocurrency Transactions, and Risks of Loss: Understand Your Contract
Contract Language Limits Recovery in Singh, et al v. Illusory Systems, Inc. The widespread and debilitating impacts of the recent faulty Crowdstrike® software update has caused businesses to...
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Texas Federal Court Strikes Down FTC Ban on Non - Competes in Ryan v. FTC
Ryan LLC and US Chamber of Commerce et al. v. Federal Trade Commission (FTC) The long awaited collision between the Federal Trade Commission (FTC) and the varied political...
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Seismic Shift in Employment and Intellectual Property Rights: FTC’s Nationwide Ban on Noncompete Agreements
Ryan LLC v. Chamber of Commerce of the United States of America, and ATS Tree Services v. FTC et al. leave the FTC’s Nationwide Ban on non-competes up in the air - DTSALaw®.
30 million is a BIG number! That is the estimated number of employment contracts that could be impacted by the Federal Trade Commission’s new rule banning non-competes, if it goes into effect on September 4, 2024, as scheduled.
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Ryanair Wins Jury Verdict Against Booking.Com Per the Computer Fraud and Abuse Act (CFAA)
Delaware District Court Jury Makes Landmark Decision based on "Screen Scraping". Ryanair recently prevailed in a jury trial in Delaware Federal District Court when the jury determined that Booking.Com B.V. violated the U.S. Computer Fraud and Abuse Act (CFAA) by engaging in "screen scraping" of data belonging to Ryanair.
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The CrowdStrike® Global Tech Outage
The Future of Cybersecurity, IT Blackouts and Related AI Legal Issues:
On Friday July 19, 2024, CrowdStrike® Holdings, one of the largest cybersecurity technology companies in the world, announced that a faulty software update caused a global computer outage which ultimately disrupted many important aspects of a modern data-driven world.
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Pa. Commonwealth Court: Contractors must honor verbal cancellation requests under HICPA
Commonwealth of Pennsylvania, Office of Attorney General v. Gillece Services, LP, --- A.3d ----, 2024 WL 3282546 (Pa. Cmwlth. 2024)
Contractors operating in Pennsylvania must honor customers’ cancellation requests, regardless of whether those requests are made verbally or by another medium. A contractor’s failure to honor such a request will expose them to significant potential liability, as treble damages and attorneys’ fees may be assessed in addition to actual damages.
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AI Music Generators in the Crosshairs: A Battle for the Soul of Copyright
UMG Recordings, Capitol Records, Sony Music et al. v. Uncharted Labs, Inc. d/b/a Udio.com The music industry has fired its opening salvo in what could be a landmark...
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SCOTUS: Whistleblowers need not prove retaliatory intent under Sarbanes-Oxley Act
U.S. Supreme Court: Murray v. UBS Securities, LLC, 144 S. Ct. 445 (2024)
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SCOTUS Rules that Copyright Damages Can Be Recovered Beyond Three Years, Leave Discovery Rule For Another Day
Warner Chappell Music, Inc., et al., v. Nealy, et al. The U.S. Supreme Court ruled on May 9th, 2024, in the case of Warner Chappell Music, Inc., et...
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Here Comes Treble: Pennsylvania Supreme Court holds treble damages under the UTPCPL cannot be limited by punitive damages
On April 25, 2024, the Supreme Court of Pennsylvania held that trial courts considering violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) may not limit...
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23andMe Hack: The Legal Fallout From the Breach and What it Means in PA
In October of 2023, a hacker claimed online that they had 23andMe users’ profile information. We know this as a result of 23andMe’s required statement to the U.S....
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Important Pennsylvania Supreme Court Opinion in Hangey v. Husqvarna Professional Products, Inc: Venue analysis cannot solely rely on the percentage of company’s revenue in the forum county
On November 22, 2023, the Supreme Court of Pennsylvania clarified the “quality-quantity” test used to determine whether a company “regularly conducts business” in a county under Pa. R.Civ.P....
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Pennsylvania Elects Four New Appellate State Court Judges
On November 7, 2023, Pennsylvania voters elected Daniel D. McCaffery, Jill L. Beck, Timika Lane, and Matthew S. Wolf to the state’s appellate courts. Voters also elected to...
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Pennsylvania Superior Court: Construction equipment and rental fees are not “materials” under the Pennsylvania Mechanics’ Lien Law
On October 19, 2023, the Superior Court of Pennsylvania held that construction equipment and unpaid rental fees are not “materials” within the definition of the Pennsylvania Mechanics’ Lien...
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Two New Judges Join District Courts in the Third Circuit
On October 17, 2023, the U.S. Senate confirmed the nominations of Julia K. Munley and Jennifer L. Hall to the U.S. District Court for the Middle District of...
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Pennsylvania Superior Court: Arbitration clause invalid for failing to comply with HICPA
On September 13, 2023, the Superior Court of Pennsylvania held that an arbitration clause in a home improvement contract was invalid because it failed to comply with the...
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Text Message Emoji Was Sufficient to Agree to Contract
Agreeing to a contract does not require everyone sitting around a table signing documents; sending a “thumbs up” text message emoji was sufficient to agree to a contract...
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No Headquarters, No Conduct, No Problem: U.S. Supreme Court Rules Corporations May Be Exposed to Jurisdiction Under State Registration Laws
In Mallory v. Norfolk Southern Railway Co., the Supreme Court of the United States (SCOTUS) overturned Pennsylvania’s Supreme Court, holding that a Pennsylvania law comports with the due...
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Coinbase v. Bielski: US Supreme Court Issues Opinion
Reverses 9th Circuit on Stay Issue: Court Makes Mandatory a Stay of District Court Actions on Interlocutory Appeals from Denial of Motion to Compel Arbitration Listen to this...
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AI As Lawyer? Contracts Prepared By Artificial Intelligence (AI) May Cause More Problems Than They Solve
Will AI enter the courtroom or replace lawyers in legal document drafting? This question is frequently being asked these days. While artificial intelligence offers an interesting new frontier...
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United States Third Circuit Court of Appeals Sets 5:00 p.m. Electronic Filing Deadline
On May 2, 2023, the United States Court of Appeals for the Third Circuit issued an Order adopting a new Local Appellate Rule 26.1 and amending Local Appellate...
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Breach of Personal Information Notification (BPIN) Act Amendment Affects Local Municipalities
Important amendments to Pennsylvania’s data breach law – the Breach of Personal Information Notification Act (“BPIN” or the “Act”) – will take effect May 2, 2023. This is...
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Breach of Personal Information Notification (BPIN) Act Amendment
Important amendments to Pennsylvania’s data breach law – the Breach of Personal Information Notification Act (the “Act”) – will take effect May 2, 2023. This is an important...
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DTSALaw® in the 3rd Circuit: Oakwood and Mallet Cases Shape Trade Secret Law
Read the latest blog update on the development of 3rd Circuit federal law regarding the Defend Trade Secrets Act (DTSA) by Pittsburgh attorney Henry M. Sneath
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Does My Dispute Have to be Decided in Private Arbitration?
It is common for agreements to contain a clause mandating that any dispute be decided in private arbitration—rather than in state or federal court. In private arbitration, a...
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Two New Judges Join the U.S. Court of Appeals for the Third Circuit
The U.S. Senate recently confirmed the nominations of Arianna J. Freeman and Tamika Montgomery-Reeves to the U.S. Court of Appeals for the Third Circuit. The confirmations bring the...
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Defending Against ADA Website Compliance Letters
Have you received a letter from an attorney alleging that your company’s website is not compliant with the Americans with Disabilities Act? These allegations may lack legal merit....
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Congress Passes The Protecting American Intellectual Property Act of 2022 - Biden Signs Into Law
The Protecting American Intellectual Property Act | 2022 | S. 1294 In furtherance of the U.S. Government’s effort to protect American intellectual property, the House of Representatives passed...
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Four New Judges Join the U.S. District Court for the Eastern District of Pennsylvania
On December 7, 2022, the U.S. Senate confirmed the nominations of Mia Roberts Perez, Kelley B. Hodge, Kai Scott, and John Frank Murphy to the U.S. District Court...
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Pennsylvania High Court to Consider Whether Wrongful Death Emotional Distress Damages May Be Included Under Bodily Injury Coverage For Liability Insurance Policies
On October 18, 2022, the Supreme Court of Pennsylvania granted allowance of appeal in Kramer v. Nationwide Property and Casualty Insurance Co. regarding the issue of whether the Superior...
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Pennsylvania Superior Court reaffirms invalidation of regular-use exclusion to preclude UIM coverage
On September 7, 2022, the Superior Court of Pennsylvania held in Jones v. Erie Insurance Exchange that “the regular-use clause of an insurance contract contravenes Section 1731” of the...
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Third Circuit: Pennsylvania auto insurers need not obtain new UIM election forms when a new vehicle is added to an existing policy
On September 29, 2022, the Third Circuit Court of Appeals held, as a matter of first impression, the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) only requires auto...
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Surety Cannot be Liable for Bad Faith Under PA Law
On September 1, 2022, the Superior Court of Pennsylvania held, as a matter of first impression, that a surety is not subject to Pennsylvania’s bad faith statute, 42 Pa.C.S.A....
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Pennsylvania High Court to Consider Whether Regular Use Exclusion Violates Statute
On June 27, 2022, the Supreme Court of Pennsylvania granted allowance of appeal in Rush v. Erie Insurance Exchange regarding the issue of whether the Superior Court erred...
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“Using” Competitor’s Trademarks in Paid Search Engine Ads is Not Infringement if Consumers are Unlikely to be Misled or Confused
On June 27, 2022, a New York Federal Judge for the Southern District of New York ruled in favor of Warby Parker’s motion for judgment on the pleadings,...
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The New West Virginia Intermediate Court of Appeals Nears Hearing Its First Cases
Since the creation of the State of West Virginia, the West Virginia Supreme Court has provided the only review of the decisions of the trial courts and administrative...
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Houston Harbaugh Secures Win for Insurer on Prior Related Acts Clause
On June 17, 2022, Houston Harbaugh obtained judgment on the pleadings for The Charter Oak Fire Insurance Company when the U.S. District Court for the Middle District of...
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Depp v. Heard: Litigation Strategy
This week marks the culmination of Depp v. Heard, the high-profile civil trial in Fairfax County, Virginia. In addition to celebrity intrigue, the trial has provided a useful...
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CFAA Update: The Supreme Court Provides Guidance In Computer Fraud and Abuse Act (CFAA) Cases
Van Buren v. United States No. 19-783, 593 U.S. ___ (June 3, 2021) The Supreme Court, in a 6-3 decision which was issued on June 3, 2021, reversed...
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Could the Organizing Business be Liable For “Overserving” at a Company Event Under Pennsylvania’s Dram Shop Law?
An end of the year party or a summer picnic is a regular practice for many businesses. Many of those social outings feature the consumption of alcohol. But,...
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Understanding the Right to Know Law and Why Certain Documents May be Protected
You may notice water being diverted from a neighboring property onto your property. Or, perhaps you have concerns that the property located above yours seems to be shifting,...
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Forthcoming Pennsylvania Supreme Court Decision Could Vastly Increase the Scope of the “Piercing the Corporate Veil” Doctrine
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”...
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Benefits of an FLP (Family Limited Partnership)
The benefits of creating a Family Limited Partnership (FLP) include (i) management and control; (ii) asset protection; and (iii) reduced estate taxes. A FLP is a legal entity...
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Avoiding Conflicts of Interest In The Legal Profession
An attorney must be loyal to his or her client. If the attorney has a personal stake in the legal matter in question, the conflict may erode that...
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Attorney-Client Privilege
Ask anyone, lawyer or non-lawyer, what the attorney-client privilege is and you are likely to get the response: “anything a client says to his attorney is considered confidential.”...
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Step Aside Subcontractors, Open-ended Mortgages Take Priority
Legislature clarifies open-ended mortgage priority in response to confusion created by Kessler. A recent amendment to the Pennsylvania Mechanic’s Lien Law, effective September 7, 2014, clarifies that as...
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Pa. Supreme Court Gives Employers An Important Warning And Reminder About Non-Compete Agreements
The Pa. Supreme Court on June 16, 2020, invalidated an employer’s written non-compete agreement because it was signed after the start of employment. Rullex Co. v. Tel-Stream, Inc.,...
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What Do I Do With All That "Stuff" My Tenant Left Behind?
It is not uncommon for landlords to find their rental property littered with personal property left behind by former tenants. Since the tenant vacated the premises, that “stuff”...
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Know the ‘American Rule’
Insights on collecting attorneys’ fees in a collection action You get a call from a long-standing customer or a prospective client wanting to purchase your products or services....
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Design Professionals and the Economic-Loss Doctrine: The State of the Law in Ohio, Pennsylvania, and West Virginia
The economic-loss doctrine (ELD) is a court-developed doctrine that has been adopted by a majority of U.S. states and jurisdictions. The ELD has two intertwined functions: (1) it...
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Corporate Records Requirements Scam Targeting Pennsylvania Businesses
If you run a business in Pennsylvania, there is a chance you could be targeted by any one of three emerging scams, where the perpetrators attempt to convince...
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When it Comes to Collections, Construction Professionals Have Some Options Other Industries Do Not
As most in business know, it is one thing to get the work, and another to get paid in full and on time for the work. All too...
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The Future Is Here: The Internet Of Things And The Law
The Internet of Things or “IoT.” What is it? Simply put, it is the ability of everyday objects to connect to the internet and send and receive data....
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Non-Compete Agreements Require Consideration
Most know that a restrictive covenant, usually found within an employment agreement, can serve to protect a company from training an employee and then losing that employee to...
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Bankruptcy Preference Claims: Three Words You Don’t Want to Hear
A Customer in Trouble Imagine the following scenario: One of your customers has fallen behind on its payments. You start making phone calls. A couple of weeks later,...
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Pennsylvania Supreme Court Broadens the Scope of the “Piercing the Corporate Veil” Doctrine
Earlier this year, Houston Harbaugh wrote on the then-pending Pennsylvania Supreme Court case of Mortimer v. McCool,[1] which presented the question of whether the Court would adopt the...
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Does Your Business Contract With the Federal Government? Here’s What You Need to Know About New COVID Vaccine Rules
Last week, the federal government issued new COVID vaccine rules that will apply to many federal contractors and subcontractors. These are the highlights: Q: Will the new rules...
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No-Hire Provision Unenforceable in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking LLC
For the first time in Pennsylvania, the Supreme Court recently took on the issue of whether a no-hire provision (i.e., no-poaching) in a services contract is enforceable under...
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Cybersecurity and Data Breach Response: IR Time and Method is Critical
Incident Response (IR) time is critical when your business discovers a data breach, cyber intrusion, email intrusion or other cyber security threat. IR time will be lengthened or rendered...
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COVERING CORONA: A Quartet Of Cases Foreshadows A New Trend In COVID-19 Business Interruption Coverage Litigation
The mandatory lockdowns imposed by state governments throughout the country have had a debilitating effect on so-called “non-essential” businesses, preventing business owners from maintaining stable revenue streams so...
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How Law Firms Ensure Client Data Is Secure
When you seek help from an attorney, you take comfort in the fact that what you tell your attorney remains confidential. If you’re a business owner, for example,...
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Remote court hearings: the new normal for Pennsylvania?
It has been six long, excruciating months of shutdowns for Pennsylvania courts since the inception of the COVID-19 pandemic. To reduce the risk of spreading the virus, only...
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Pennsylvania Excludes PPP Loan Forgiveness From Personal Income Tax
The Commonwealth of Pennsylvania has reversed its position on the treatment of income from forgiveness of Paycheck Protection Program (“PPP“) loans for personal income tax (“PIT”) purposes. Act...
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Covid-19 and Insurance Premiums: Who is really saving due to a decrease in travel?
It is well known that the Covid-19 pandemic resulted in a significant decrease in vehicle traffic all over the country due to closures of the workplace and a...
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COVID-19 And Cruise Lines - Lawsuits For Negligent Exposures To COVID-19
One of the first heavily covered COVID-19 stories in the United States is now spawning some of the first negligence-based lawsuits resulting from alleged exposures to the virus....
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COVID-19 Crackdown And Compromise: The Commonwealth Of Pennsylvania Takes Legal Action To Enforce Coronavirus / COVID-19 Green Phase Restrictions But Matter Ends In Settlement After Court Argument
On June 17, 2020, the Pennsylvania Department of Health filed a complaint in equity seeking an injunction against Carlisle Productions, Inc. d/b/a Carlisle Events (“Carlisle”). The lawsuit aimed...
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OSHA & COVID-19: Does An Employee’s Positive Test For COVID-19 Trigger OSHA’s Illness Reporting Requirement?
OSHA has generally taken a backseat on COVID-19, leaving it to the CDC and state governments to give directions to employers. However, recent OSHA COVID-19 guidance puts employers...
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Federal Multidistrict Litigation Petition Filed In Connection With Coronavirus-Related Business Interruption Coverage Claims
Two Pennsylvania restaurants filed a Petition with the United States Judicial Panel on Multidistrict Litigation on April 20, 2020, seeking coordination or consolidation of the pending nationwide business...
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Employer Awareness of Implicit Gender Bias in the Workplace
The topic of sex discrimination in the workplace has been heavily researched, discussed, and frequently litigated, particularly in the era of the #metoo movement. Today, employers are more...
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Tincher Opinion Has Residual Effects on Pennsylvania Products Liability Law in the recent Urbieta Case.
How much has the recent Tincher v. Omega Flex, Inc., Opinion changed the landscape of products liability law in Pennsylvania? So far, this opinion has resulted in the...
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Pennsylvania Products Liability Law: Amazon May be Liable for Defective “Marketplace” Items in Oberdorf Case
What role does Amazon play when third party vendors sell defective products? The Third Circuit has recently issued an opinion on the issue in the case of Oberdorf...
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Hemp and Hemp Derived-CBD Trademarks will now be accepted by USPTO
On May 2, 2019, the United States Patent and Trademark Office issued an examination guide in an effort to clarify the procedure for examining marks for cannabis and...
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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),...
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Is Evidence of a Plaintiff’s Contributory Negligence Admissible in a Strict Product Liability Action? PA Federal Court Allows It, But only for Limited Purposes
Strict product liability generally focuses on the product itself, not the negligent conduct of the defendant, and as a result, defendants often are precluded from relying on certain...
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Contractor Overhead and Profit May be Included in “Actual Cash Value” in Homeowner’s Policies
In the recent case of Kurach v. Truck Ins. Exchange (C.P. Philadelphia 2017), a Pennsylvania Court held that under Pennsylvania law, insurance companies are required to include general...
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In the Wake of Tincher, Can a Strict Product Liability Defendant Rely on Compliance Standards?
In a strict product liability claim, compliance with government regulations and industry standards can be powerful evidence for the defense. Such evidence traditionally has been inadmissible under Pennsylvania...
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Pennsylvania Superior Court Decision Highlights Importance of Rebuttal Evidence on Causation in Defending a Strict-Liability, Failure-to-Warn Claim
The Pennsylvania Superior Court recently affirmed an order of the Court of Common Pleas of Philadelphia County entering a judgment against American Honda Motor Co., Inc. (“Honda”) on...
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PA Superior Court Rejects “Heeding Presumption” In Strict-Liability, Failure-To-Warn Action
In Dolby v. Ziegler Tire & Supply Co., 2017 Pa. Super. Unpub. LEXIS 791 (Pa. Super. Feb. 28, 2017), a case that proceeded to trial solely on a...
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A Quick Look into the Statutory Employer Defense
In a recent case filed in the US District Court for the Middle District of PA, a general contractor and subcontractor agreed to pay $1.2 million to settle...
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Commonwealth Court Holds Delay Damages Available in Government Projects Despite “No Damages for Delay” Clause
In John Spearly Constr., Inc. v. Penns Valley Area Sch. Dist., 2015 Pa. Commw. LEXIS 337 (Pa. Cmwlth. 2015), the Pennsylvania Commonwealth addressed a question that has bedeviled courts...
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Superior Court Reaffirms Oral Change Orders Are Effective Despite Contractual Provisions Requiring Written Approval
In C.E. Pontz Sons, Inc. v. Purcell Constr. Co., 2015 Pa. Super. Unpub. LEXIS 3192 (Pa. Super 2015), the Pennsylvania Superior Court addressed the often disputed question regarding...
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Superior Court Holds Expert not Necessary to Establish Defect in Breach of Equipment Warranty Matter
In Independent Enterprises, Inc. v. JD Fields & Co., Inc., No. 1421 WDA 2014 (Pa. Super. 2015), the Superior Court affirmed a trial court verdict in favor of...
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The State of Products Liability in Pennsylvania – Part Two
Since Berrier v. Simplicity Mfg., 563 F.3d 83 (3d Cir. 2009), the Third Circuit has been applying the Third Restatement articulation of a products liability design defect cause...
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Supreme Court Grants Appeal in Another Mechanic’s Lien Case
In August of 2014, the Pennsylvania Supreme Court, at 97 A.3d 739, granted a Petition for Allowance of Appeal from the Superior Courts unpublished opinion in Terra Technical...
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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...
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Pennsylvania Superior Court finds that Oral Contract Supports Claim under Contractor Subcontractor Payment Act and that “curbs” Constitute “structures” and “improvements to Real Property”
By opinion dated September 10, 2014, a three judge panel of the Pennsylvania Superior Court continued the trend of applying the Contractor and Subcontractor Payment Act in a...
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U.S. District Court for Eastern District of Pennsylvania Allows Class Action Securities Fraud Suit to Proceed against Pharmaceutical Manufacturer
In re ViroPharma Inc. Sec. Litig., No. 12-2714, 2014 U.S. Dist. LEXIS 67414 (E.D. Pa. May 15, 2014), the U.S. District Court for the Eastern District of Pennsylvania...
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Jury Waiver Provision in Franchise Development Agreement Deemed Unenforceable against Non-Signatory Corporate Entities
In Selzer v. Dunkin’ Donuts, Inc., No. 09-5484, 2014 U.S. Dist. LEXIS 46675 (E.D. Pa. April 4, 2014), the U.S. District Court for the Eastern District of Pennsylvania...
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Environmental Liability of Parent Corporations
In Trinity Industries v. Greenlease Holding Co., No. 08-1498, 2014 U.S. Dist. LEXIS 61223 (W.D. Pa. May 2, 2014), the U.S. District Court for the Western District of...
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Pennsylvania Superior Court Holds Claims for Injuries Sustained by Closely-Held Corporation are Derivative in Nature
In the recent case of Hill v. Ofalt, 2014 PA Super 17 (Pa. Super. Feb. 5, 2014), the Pennsylvania Superior Court considered whether the trial court had properly...
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Pennsylvania Superior Court Applies Six-Year Statute of Limitations to Debtor’s Damages Claims under U.C.C. Article 9
The Pennsylvania Superior Court has held that a six-year, rather than a two-year, statute of limitations applies to damages claims brought by a debtor against a creditor under...
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District Court Holds that Compulsory Counterclaim is Subject to Forum Selection Provision in Stock Purchase Agreement
In an interesting procedural decision, the U.S. District Court for the Western District of Pennsylvania has held that a forum selection provision in a stock purchase agreement bars...
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Pennsylvania Supreme Court to Finally Tackle Restatement Second vs. Restatement Third Issue
In Tincher v. Omega Flex, 64 A.2d 626, the Pennsylvania Supreme Court granted a Petition for Allowance of Appeal to address the issue of : “Whether this Court...
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Supreme Court Bars Time-Bar Appeals In PTAB Cases
The U.S. Supreme Court ruled today that U.S. Patent and Trademark Office (“USPTO”) decisions on the timeliness of administrative patent validity challenges are not appealable to Article III...
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Safe Harbor Provision of Procurement Code May Not Protect Surety, Depending on Bond Language
In an opinion dated July 11, 2013, The Pennsylvania Commonwealth Court affirmed a lower court ruling finding that a surety may waive its protections under the Safe Harbor...
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En Banc Superior Court Holds Excavator’s Mechanics’ Lien Claim Valid Despite Structure Never Being Erected
In B.N. Excavating, Inc. v. PBC Hollow-, L.P., 2013 Pa. Super. 120 (May 17, 2013), the Pennsylvania Superior Court sitting en banc addressed the issue of whether a mechanics’...
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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...
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Text Messages Found Sufficient to Evidence Construction Contract
In February of 2016, the Court of Common Pleas of Northampton County issued its opinion in Dietrick v. Fulciniti, PICS Case No. 16-0370 (C.P. Northampton Feb. 18, 2016)...
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3 Ways Law Firms Can Enhance Their Data Protection
Law firms must maintain and secure countless documents no matter the complexity of the case. These documents occupy a unique security space, however, as they must be readily...
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Mechanic’s Lien Attaches to Property despite Defendant’s Contention that No Prior Consent Obtained from Landlord for Improvements, as required by Section 1303(d) of Mechanic’s Lien Law.
Last month, the Court of Common Pleas in Lycoming County issued its opinion in Linde Corp. Black Bear Property L.P. Plaintiff Linde Corp. had filed a mechanics lien...
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Pennsylvania Supreme Court to Review Ability of Subsequent Buyers to Claim Breach of Implied Warranty Against Construction Contractor
In Conway v. Cutler Group, Inc., 57 A.3d 155 (Pa. Super 2012), the Pennsylvania Superior Court held for the first time that a subsequent buyer of a home,...
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When Does an Agreement to Repurchase Construction Material Equal a Contract for Services?
Recently, in the case of CPG Int’l LLC v. Shelter Products, Inc., No. 3:15cv1045 (M.D. Pa. 2017) the United States District Court for the Middle District of Pennsylvania...
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Pennsylvania Supreme Court to Tackle Issue of Whether Mechanics’ Lien Law Should be Liberally Construed
The Pennsylvania Supreme Court has granted a Petition for Allowance of Appeal in Bricklayers of W. Pa. Combined Funds, Inc., v. Scott’s Dev. Co., 2012 Pa. Super 4...
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About Us
The litigation attorneys at Houston Harbaugh, P.C., are accomplished business trial lawyers, providing comprehensive support in litigation across a broad spectrum of matters throughout Pennsylvania, West Virginia, Ohio and other jurisdictions upon a special admission basis. Our clients are regional and national small, medium and large companies and individuals who seek well planned and aggressive, but cost effective litigation. We counsel, we budget, we have a deep bench, we act quickly when needed and we have experienced trial lawyers who know the courts and bench. We serve regularly as local counsel for some of the largest law firms in the country when they have matters in this region.
Henry M. Sneath - Practice Chair
Co-Chair of Houston Harbaugh’s Litigation Practice, and Chair of its Intellectual Property Practice, Henry Sneath is a trial attorney, mediator, arbitrator and Federal Court Approved Mediation Neutral and Special Master with 98 trial verdicts and extensive federal and state court trial experience in cases involving commercial disputes, breach of contract litigation, Artificial Intelligence (AI), intellectual property matters, patent, trademark and copyright infringement, trade secret misappropriation, DTSA claims, cyber security and data breach prevention, mitigation and litigation, employment and restrictive covenant litigation, probate trusts and estates litigation, construction claims, eminent domain, professional negligence lawsuits, pharmaceutical, products liability and catastrophic injury litigation, insurance coverage, and insurance bad faith claims. DTSALaw® Business Litigation. Pittsburgh Strong.®
Samuel H. Simon - Practice Chair
As co-chair of Houston Harbaugh’s Litigation Group, Sam focuses his practice on commercial/business litigation. Sam regularly represents clients in the construction, manufacturing, oil and gas, and wholesale/retail/ distribution industries, as well as individuals in matters such as:
- Construction litigation
- Environmental litigation
- Breach of contract disputes
- Oil and gas litigation
- Negligence
- Restrictive covenants (non-compete agreements)
- Civil rights
- Collections/creditors’ rights
- Lease disputes
