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District Court Issues Opinion Pertaining to Punitive Damages and Discovery
On July 22, 2008, U.S. District Judge James M. Munley of the Middle District of Pennsylvania issued an opinion in Grosek v. Pather Transportation, Inc. requiring the Defendant to produce documents related to punitive damages in the discovery phase of...
Pennsylvania Superior Court Holds that Landlord May Not Amend Complaint to Recover Full Balance of Lease if Amount Miscalculated
In TCPF Limited Partnership v. Skatell, 2009 Pa.Super. 112 (2009) the Pennsylvania Superior Court held that when a commercial landlord confesses judgment for the “entire unexpired balance of the Term of Lease”, but the landlord miscalculates the amount due and...
Superior Court Of Pennsylvania Nullifies Reservation of Rights Clause Contained In Release Signed By Appellant
The Superior Court of Pennsylvania overturned an order for summary judgment on appeal to the extent that it nullified a reservation of rights clause contained in a release signed by appellant. In Maloney v. Prendergrast, appellant's suit centered primarily on the...
Supreme Court Of Pennsylvania Determines That Arbitration Clause Favoring Lender Is Not Presumptively Unconscionable
The Supreme Court of Pennsylvania decided on May 31, 2007 that an arbitration agreement which reserved judicial remedies in favor of a sub-prime lender was not presumptively unconscionable. A residential mortgagor instituted a lawsuit against a sub-prime lender in the...
Supreme Court of Pennsylvania Releases New Rules of Civil Procedure
Recently, the Supreme Court of Pennsylvania promulgated new Rules of Civil Procedure dealing with cross claims and joinder, certificates of merit, and notice of intent to file non pros. These rules are effective immediately. 1. Cross Claims & Joinder: Effective...
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