News & Analysis as of

Attorney's Fees PA Supreme Court

Houston Harbaugh, P.C.

Here Comes Treble: Pennsylvania Supreme Court holds treble damages under the UTPCPL cannot be limited by punitive damages

Houston Harbaugh, P.C. on

On April 25, 2024, the Supreme Court of Pennsylvania held that trial courts considering violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) may not limit damages because of separate...more

Troutman Pepper

PA Appellate Court Issues Strong Reminder: CASPA’s Fee-Shifting Mechanism Applies to Subcontractors, Contractors, and Owners Who...

Troutman Pepper on

SDSP, LLC v. Attias, 2023 Pa. Super. Unpub. LEXIS 1518 - The Superior Court of Pennsylvania vacated a multimillion-dollar award to subcontractors arising from a payment dispute, and remanded the matter to the trial court...more

Cozen O'Connor

Split McAleer Ruling Leaves Attorney-Client Privilege Fiduciary Exception In Limbo

Cozen O'Connor on

In a recent Pennsylvania Supreme Court case, In re: Estate of William K. McAleer, the state high court addressed the issue of whether Pennsylvania law recognizes the fiduciary exception to attorney-client privilege....more

Saul Ewing LLP

Pennsylvania Supreme Court Split Ends 24-Year Insurance Bad Faith Battle

Saul Ewing LLP on

On August 25, 2020, the Pennsylvania Supreme Court split 3-3, with one Justice recused, on an appeal from a trial court’s insurance bad faith decision imposing $18 million in punitive damages and $3 million in attorney’s fees...more

Rosenberg Martin Greenberg LLP

Pennsylvania Supreme Court Clarifies Applicability of Act 6 To Residential Mortgage Foreclosures (Sort Of)

When the loan documents provide for confession of judgment and the collateral encumbered by the mortgage securing the loan is commercial real property, the foreclosure process in Pennsylvania is straightforward.  The lender...more

McNees Wallace & Nurick LLC

Are Alternative Fee Arrangements the Future of Attorney’s Fees Arrangements in Orphans’ Court Litigation?

The 2016 amendments to the Pennsylvania Supreme Court Orphan’s Court Rules brought a slight shift in Orphan’s Court litigation. Aiming to provide a uniform standard of practice, the new Rules closely align with the...more

Tucker Arensberg, P.C.

Procurement Code Attorney Fee Award

Tucker Arensberg, P.C. on

Scott Enterprises, Inc. v. City of Allentown, 142 A.3d 779 (Pa. 2016) — Pennsylvania Supreme Court held that a jury finding of bad faith does not mandate a trial court to award penalties and attorney fees under the...more

Troutman Pepper

Supreme Court of Pennsylvania Holds That Under Prompt Payment Act, Imposition of Penalty and Attorneys’ Fees Is Discretionary, Not...

Troutman Pepper on

Scott Enters., Inc. v. City of Allentown, 2016 Pa. LEXIS 1503 (Pa. July 19, 2016) - The Supreme Court of Pennsylvania reversed an order of the Commonwealth Court and held that the prompt payment provisions of the...more

Saul Ewing LLP

Construction Law Advisory - May 2015

Saul Ewing LLP on

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding...more

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