Pittsburgh Commercial Litigation and ADR Blog
Supreme Court: Contract language must be clear for class arbitration
Classwide arbitration is fundamentally different from individual arbitration, the U.S. Supreme Court ruled recently in the case of Lamps Plus, Inc., et al, v. Varela. The majority in the 5-4 decision held that classwide arbitration lacks many of the advantages of individual arbitration and undermines the central benefits of the process. Arbitration is a type […]
Resolving disputes through mediation
Two parties may have a dispute, but that does not mean that they are headed to court. Often used as an alternative to litigation, mediation is one of the most common and efficient forms of alternative dispute resolution. Many like it because it avoids the expense, stress and time involved in going to court. The […]
United States District Court for the Western District of Pennsylvania Amends ADR Policies and Procedures to Add Flexibility to the ADR Process
By Order dated November 28, 2018, Chief Judge Joy Flowers Conti approved amendments to the Court’s Alternative Dispute Resolution Policies and Procedures. The amendments, which become effective on January 2, 2019, relate to mediations and early neutral evaluations (ENEs) conducted pursuant to the Court’s ADR program. The amendments are subtle but noteworthy. The first set […]
Supreme Court of Pennsylvania Issues Significant Ruling Holding that Employers have Duty to Safeguard Employees’ Personal Information and Clarifying Contours of Economic Loss Doctrine
In Dittman v. UPMC, No. 43 WAP 2017, the Pennsylvania Supreme Court issued an opinion that addressed important issues concerning the scope of an employer’s duty to use reasonable care to safeguard its employees’ sensitive personal information. The Court also addressed and clarified the scope of the economic loss doctrine, as applied to negligence claims […]
The Federal Defend Trade Secrets Act — Emerging Case Law in the Third Circuit
The federal Defend Trade Secrets Act (DTSA) was enacted by Congress in May 2016 to provide, for the first time, a federal statutory claim for misappropriation of trade secrets. 18 U.S.C. §§ 1831, et seq. Until the DTSA became effective, claims of trade secret misappropriation were litigated exclusively in state courts under state trade secret […]
Pennsylvania Superior Court Rejects its Prior Decisions and Adopts Expansive Reach of Consumer Protection Statute, Ruling that the UTPCPL Imposes Strict Liability
A panel of the Superior Court recently issued a decision that could significantly expand the reach of the Unfair Trade Practices and Consumer Protection Law, ruling for the first time that the “catchall” provision of the statute imposes strict liability. Gregg v. Ameriprise Financial, Inc., No. 1504 WDA 2017 (Pa. Super. Sept. 12, 2018). The […]
Pennsylvania Superior Court Applies Two-Year Tort Statute of Limitations in Affirming Dismissal of Legal Malpractice Claim
On August 31, 2018, the Pennsylvania Superior Court issued a decision that likely will be a significant precedent in determining whether legal malpractice claims are barred by the statutes of limitation. In Seidner v. Howard Finkelman, Nos. 716 EDA 2017 and 808 EDA 2017, the Panel (President Judge Gantman and Judges Shogan and Platt) ruled […]
Third Circuit Holds That FINRA Arbitration Requirement Trumps Forum Selection Clause
A panel of the Court of Appeals for the Third Circuit recently rejected an attempt by J.P. Morgan Securities LLC to enforce a forum selection clause, holding that J.P. Morgan Securities was required to submit to FINRA arbitration under FINRA Rule 12200. Reading Health System v. Bear Stearns & Co. n/k/a J.P. Morgan Securities LLC, […]
U.S. District Court for the Western District of Pennsylvania revises ADR procedures
By Order dated February 16, 2018, supplemented by Order dated March 14, 2018, Chief Judge Joy Flowers Conti of the United States District Court for the Western District of Pennsylvania approved revisions to the Court’s ADR Policies and Procedures, effective immediately. The significant substantive changes are: Good Faith Participation. New Section 2.8 of the ADR […]
Update: Evolving Case Law under the Federal Defend Trade Secrets Act of 2016
The enactment of the federal Defend Trade Secrets Act of 2016 (DTSA) was a highly significant development in trade secrets law. as it for the first time provided a federal cause of action for trade secret misappropriation, beyond certain misappropriation claims that have been allowed to proceed under the federal Computer Fraud and Abuse Act, 18 […]
Pa. Superior Court Decides Check Fraud Case
On February 14, 2018, a panel of the Pennsylvania Superior Court affirmed the entry of summary judgment against a law firm in connection with its claim against TD Bank, arising out of the bank’s alleged failure to detect the theft of more than $300,000 by a former partner of the law firm. Levy Baldante Finney […]
