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Breach of Contract › Pennsylvania

Marshall Dennehey

Getting the Gist: The Evolution and Application of Pennsylvania’s Gist of the Action Doctrine in Legal Malpractice Actions

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Key Points: While legal malpractice actions can be brought as a negligence or contract claim, the gist of the action doctrine serves to limit those instances....more

Goldberg Segalla

Does the Statute of Limitations Ever Apply in Pennsylvania Legal Malpractice Claims?

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That’s the question on the minds of many in the legal malpractice community after a noteworthy decision in Pennsylvania. It’s probably reasonable to assume — at least from the defense standpoint — that the success rate of a...more

Marshall Dennehey

PA Superior Court Upholds Gist of the Action Doctrine to Bar Legal Malpractice Claim

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Outerlimits Techs., LLC v. O’Connor, No. 169 EDA 2023, 2023 WL 8524299 (Pa. Super. Ct. Dec. 8, 2023) (non-precedential decision) - The Pennsylvania Superior Court affirmed the trial court’s dismissal of the appellant’s legal...more

Marshall Dennehey

Pennsylvania Superior Court Continues to Apply Gist of the Action Doctrine to Legal Malpractice Claims.

Marshall Dennehey on

Outerlimits Technologies, LLC v. Cozen O’Connor, No. 169 EDA 2023, 2023 WL 8524299, unpublished (Pa. Super. Dec. 8, 2023) - The Pennsylvania Superior Court affirmed a trial court ruling dismissing a legal malpractice breach...more

Marshall Dennehey

Pennsylvania Court Denies Stay in Action Filed Against Insurer and Insurance Broker

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An insurance broker sought to stay the plaintiff’s negligence action asserted against it pending a determination on the claims of breach of contract and bad faith alleged against the insurer. The court denied the motion to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pollution Exclusion/Insurance Coverage: U.S. District Court Addresses Applicability to Heating Oil Tank Release

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A United States District Court (Eastern District Pennsylvania) (“Court”) addressed in a January 19th Memorandum and Order insurance coverage issues associated with a claim related to a heating oil tank spill. See Dorothy...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

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This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

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