Contract Disputes

Managing Exposure Through Carefully Crafted Arbitration Clauses

February 25, 2010

Pennsylvania businesses seeking to minimize class action exposure and generally seeking to enforce arbitration provisions should be aware of a recent decision issued by the Federal District Court for the Eastern District of Pennsylvania, Clerk v. Ace Cash Express, Inc.. Historically, Pennsylvania courts have enforced arbitration provisions in contracts. Recently, the Court (applying Pennsylvania law) …

Baseball Arbitration: Part III

February 16, 2010

By Stephen Lagoy

By: Stephen P. Lagoy Baseball arbitrations (see previous blog posts here and here) have become increasingly rare as the owners and players opt to negotiate a contract rather than place their fate in the hands of an arbitration panel. The only exception thus far this year has been the case of

Breach of Contract or Negligence Claim? The Gist of the Action Doctrine

February 8, 2010

By James Dalton

Your right to sue, and the legal remedies available to you, depend not only on the particular facts of your case, but also on the legal basis or theory of your claim.

Arbitration Process for Rejected Chrysler and GM Dealers Is Now The Law

December 21, 2009

By Stephen Lagoy

By: Stephen P. Lagoy The President has signed into law a program giving closed auto dealerships access to neutral arbitration if they want to be reinstated. The process begins immediately and is expected to take six and one half months. For more information on how the auto dealer arbitration process will work see:

Will Insurers Bridge the Gap in Coverage for General Contractors under CGL Policies?

December 14, 2009

By UTBF

In a recent post, we discussed the impact of Kvaerner Metals v. Commercial Union Ins. Co., 908 A.2d 888 (Pa. 2006), upon general contractors and others vis-à-vis the coverage afforded by commercial general liability policies for claims involving damage caused by faulty workmanship. In light of that decision, insurance coverage for such claims no longer …

Your Obligations Under the PA Real Estate and Seller Disclosure Act

December 11, 2009

By Christopher Turner

By: Christopher L. Turner It cannot be denied that the struggling economy has adversely affected the real estate market. As a result, some sellers of residential real property who are desperate to sell their property are failing to disclose known defects with their home. These defects cover a broad range and include, but are …

"I Confess! I Made a Mistake"

November 19, 2009

By UTBF

Pennsylvania’s liberal rules concerning the amendment of pleadings aren’t so liberal in the context of complaints for confession of judgment. When filing a complaint in confession of judgment, if a mistake is made in calculating the amount of damages or the time period in which damages accrued, an attorney cannot rely upon Pa. R.C.P. …

eBay Users Read Before You "Click"

October 29, 2009

By UTBF

It is not unusual when registering for something on-line to “click” a box by which you agree to accept certain terms governing the transaction. Before you “click” the box, have you actually read what it is you are agreeing to? Increasingly eBay users are surprised to learn that if a problem develops with an eBay …

Arbitration alternative in resolving franchise disputes

June 9, 2009

By Stephen Lagoy

By: Stephen P. Lagoy If you are considering arbitration, here’s an article that may be of interest to you. Please contact Stephen Lagoy to discuss whether arbitration might be beneficial to resolve disputes for you or your company.

Arbitration Clauses in Investor Agreements

March 17, 2009

By UTBF

What does an arbitration clause mean to me? Most, if not all, customer account forms used by brokerage houses contain arbitration clauses. An arbitration clause is a commonly used clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that …

We Listen.

Managing Exposure Through Carefully Crafted Arbitration Clauses

Baseball Arbitration: Part III

Breach of Contract or Negligence Claim? The Gist of the Action Doctrine

Arbitration Process for Rejected Chrysler and GM Dealers Is Now The Law

Will Insurers Bridge the Gap in Coverage for General Contractors under CGL Policies?

Your Obligations Under the PA Real Estate and Seller Disclosure Act

"I Confess! I Made a Mistake"

eBay Users Read Before You "Click"

Arbitration alternative in resolving franchise disputes

Arbitration Clauses in Investor Agreements

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