Pennsylvania Commercial Litigation

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PACL18
A clear, concise overview of commercial litigation in PA that will guide you through every stage of a commercial dispute. Also included are forms covering pleadings, discovery, privilege, notices, etc.
A clear, concise overview of commercial litigation in PA that will guide you through every stage of a commercial dispute. Also included are forms covering pleadings, discovery, privilege, notices, etc.
Additional Information
SKU PACL18
Division Name The Legal Intelligencer
Volumes 0
Product Types Books
Brand The Legal Intelligencer
Publication Date July 28, 2018
Jurisdiction Pennsylvania
ISBN 978-1-62881-477-4
Page Count 938
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Harry F. Kunselman

HARRY F. KUNSELMAN is a shareholder with the Pittsburgh and Beaver offices of the law firm of Strassburger McKenna Gutnick & Gefsky, has served as a member of its Executive Committee, and as co-chair of the firm’s Litigation Practice Group. He is a member of the Academy of Trial Lawyers of Allegheny County, the 2015 recipient of the Allegheny County Bar Association’s Professionalism Award, was selected as a Pennsylvania Super Lawyer® for 2014 through 2018 and is recognized among The Best Lawyers in America®. Practicing in both state and federal courts, he is experienced in a wide range of litigation matters and commercial disputes of all kinds.  He focuses on civil and commercial litigation, including disputes involving minority shareholders, trade secrets, covenants not to compete, breach of contract, business torts, products liability, professional malpractice, and general liability tort cases. Mr. Kunselman provides up-to-date overviews, analysis and strategy through the lens of his significant experience as a practicing attorney in the field.

Table of Contents


Chapter 1: Pre-Suit Considerations

1-1 INTRODUCTION
1-2 CASE INVESTIGATION CONSIDERATIONS
1-2:1 Gathering and Reviewing Client Documents and Electronic Information
1-2:2 Considerations for Interviewing Witnesses
1-2:2.1 Ethical Considerations for Interviewing Witnesses
1-2:2.2 Discovery Considerations When Interviewing Witnesses
1-2:2.3 Discovery Considerations for Pre-Suit Communications with Experts
1-3 LITIGATION HOLD NOTICES
1-3:1 Federal Requirements for Litigation Holds
1-3:2 State Requirements for Litigation Holds
1-4 JURISDICTIONAL CONSIDERATIONS
1-4:1 Contractual Selection of Forum for Jurisdiction
1-4:2 Personal Jurisdiction
1-4:3 Federal Subject Matter Jurisdiction
1-4:4 Federal Diversity Jurisdiction
1-4:4.1 Determining Diversity for Corporations
1-4:4.2 Determining Diversity for Partnerships and Limited Liability Companies
1-4:5 Supplemental Jurisdiction (Claims Which Alone Would Not Otherwise Qualify for Federal Jurisdiction)
1-4:6 Removal to Federal Court by Defendant(s)
1-4:6.1 Procedure and Timing for Removal
1-4:6.2 Determining the Amount in Controversy for Purposes of Removal Based on Diversity Jurisdiction
1-5 ARBITRATION
1-5:1 Typical Differences Between Arbitration and Court
1-5:2 Contests Over Arbitrability
1-5:3 Staying Court Proceeding in Favor of Arbitration
1-5:4 Staying Arbitration Proceeding in Favor of Court
1-6 VENUE
1-6:1 Determining Venue in State Court
1-6:1.1 Venue As to Individuals
1-6:1.2 Venue As to Partnerships
1-6:1.3 Venue As to Corporations and Similar Entities
1-6:1.4 Venue As to Unincorporated Associations
1-6:1.5 Actions Against Two or More Defendants to Enforce Joint or Several Liability
1-6:1.6 Requesting a Change in Venue
1-6:1.6a Transfers of Venue for Convenience of Parties and Witnesses in State Court
1.6:1.6b Dismissal or Transfer Where Venue is Improper in State Court
1-6:2 Determining Venue in Federal Court
1-6:2.1 Venue Generally
1-6:2.2 Venue in Specific Kinds of Actions
1-6:2.3 Changing Venue in Federal Court
1-6:2.3a Transferring Venue for Convenience of Parties and Witnesses in Federal Court
1-6:2.3b Dismissal or Transfer Where Venue is Improper in Federal Court
1-6:3 Multi-County and Multi-District Litigation
1-6:3.1 Multi-County Litigation in State Court
1-6:3.2 Multi-District Litigation in Federal Court
1-6:4 Forum Selection Clauses
1-7 ANALYSIS OF POTENTIAL COUNTERCLAIMS
1-8 COMMON INTEREST/JOINT DEFENSE AGREEMENTS
1-8:1 Background on Common Interest/Joint Defense Privilege
1-8:2 Common Interest/Joint Defense Agreement
1-9 IS THE CLAIM AGAINST A LICENSED PROFESSIONAL?
1-9:1 Background on Certificates of Merit
1-9:2 Pleading Requirements
1-9:3 Certificate of Merit Requirement
1-9:4 Effect of Failure to File Certificate of Merit or Comply with Requirements

Chapter 2: Significant Differences Between State and Federal Practice
2-1 INTRODUCTION
2-2 PLEADING DIFFERENCES
2-2:1 Fact Pleading vs. Notice Pleading
2-2:1.1 State Court—Fact Pleading
2-2:1.2 Federal Court—Notice Pleading
2-2:2 Commencement of Action
2-2:3 Time for Pleadings
2-2:4 Preliminary Objections and Motions to Dismiss
2-2:5 Signing of Pleadings; Sanctions under State Rule 1023 and Federal Rule 11
2-3 SERVICE OF PROCESS
2-3:1 Manner and Time of Service of Process in State Court
2-3:2 Manner and Time of Service of Process in Federal Court
2-4 COUNTERCLAIMS AND THIRD PARTY CLAIMS
2-4:1 Counterclaims
2-4:2 Third Party Claims
2-5 AMENDED PLEADINGS
2-5:1 State Court
2-5:2 Federal Court
2-6 DISCOVERY DIFFERENCES
2-6:1 Initial Disclosures
2-6:2 Electronic Discovery
2-6:3 Expert Witness Discovery
2-6:4 Discovery Limitations
2-7 ALTERNATIVE DISPUTE RESOLUTION
2-8 SUMMARY JUDGMENT DIFFERENCES
2-9 INDIVIDUAL VS. GENERAL CALENDARS

Chapter 3: Discovery Practice and Strategies
3-1 INTRODUCTION
3-2 INTERROGATORIES AND DOCUMENT REQUESTS
3-2:1 Interrogatories
3-2:2 Requests for Production of Documents and Things
3-3 REQUESTS FOR ADMISSION
3-4 DEPOSITIONS
3-4:1 Timing of Depositions
3-4:2 Video Depositions
3-4:3 Deposing a Corporate Designee
3-5 THIRD PARTY SUBPOENA PRACTICE
3-5:1 State Court Subpoena Practice
3-5:1.1 General
3-5:1.2 Third Party Documents Only Subpoenas
3-5:2 Federal Court Subpoena Practice
3-6 DISCOVERY OUTSIDE JURISDICTION
3-6:1 Obtaining Discovery Out of State in Pennsylvania Actions
3-6:1.1 Obtaining Discovery Within the United States
3-6:1.2 Obtaining Discovery in a Foreign Country
3-6:2 Obtaining Discovery Outside District of Venue in Federal Actions
3-6:2.1 Obtaining Discovery Within the United States
3-6:2.2 Obtaining Discovery in a Foreign Country
3-7 PRIVILEGE CONSIDERATIONS
3-7:1 Attorney-Client Privilege
3-7:2 Work Product Privilege in State Court
3-7:3 Work Product Privilege in Federal Court
3-7:4 Waiver of Privilege
3-7:5 Inadvertent Waivers and Clawback Agreements
3-8 DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI)
3-8:1 State Court Discovery of ESI
3-8:2 Federal Court Discovery of ESI
3-9 SPOLIATION

Chapter 4: Breach of Contract and Unjust Enrichment
4-1 INTRODUCTION
4-2 SALES OF GOODS
4-3 SALES OF REAL ESTATE AND OTHER CONTRACTS
4-4 ELEMENTS OF THE CLAIM
4-4:1 Choice of Law and Forum
4-4:2 Express vs. Implied Contracts and Oral Contracts
4-4:3 Certainty and Subject Matter
4-4:4 Offer and Acceptance
4-4:5 Necessity for Writing (Statute of Frauds)
4-4:6 Consideration and the Pennsylvania Uniform Written Obligations Act
4-4:7 Breach of Warranty
4-4:7.1 Breach of Express Warranty
4-4:7.2 Breach of Implied Warranty
4-4:7.2a Implied Warranty of Merchantability
4-4:7.2b Implied Warranty of Fitness for Particular Purpose
4-4:7.2c Implied Warranty of Habitability
4-4:7.3 Disclaimer and Limitations on Warranties
4-4:8 Promissory Estoppel
4-4:9 Third Party Beneficiary Claims
4-5 LIABILITY DEFENSES
4-5:1 Absence of Any of the Necessary Elements
4-5:2 Non-Occurrence or Failure of Condition
4-5:3 Failure to Perform; Anticipatory Breach; Adequate Assurances
4-5:3.1 Failure to Perform
4-5:3.2 Anticipatory Breach
4-5:3.3 Request for Adequate Assurances
4-5:4 Force Majeure
4-5:5 Waiver and Estoppel
4-5:6 Impossibility of Performance

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