Welcome to your daily briefing on legal developments in Pennsylvania. Today we're covering 6 key stories including updates on pennsylvania legal headlines, background & context. Let's dive in.
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The Philadelphia Bar Association has issued its recommendations for judicial retention candidates with the November 4 general election approaching.
These bar association evaluations provide guidance for PA attorneys and legal professionals exercising their votes on judicial retention, a key mechanism for judicial accountability in the Commonwealth.
The Philadelphia Bar Association Commission on Judicial Selection and Retention has issued its recommendations for judicial candidates in the 2023 election.
PA legal professionals can review these evaluations to make informed decisions about judicial candidates who will preside over cases in Philadelphia courts.
CorpNet has compiled Pennsylvania Secretary of State contact and document filing information to help create or maintain businesses in the commonwealth.
Corporate and business attorneys in Pennsylvania can streamline client formations and compliance by accessing centralized filing guidance.
Reach professionals in this market
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The clock can pause for: (1) the defendant being out of state in some jurisdictions, (2) the plaintiff being a minor or under disability, (3) the defendant fraudulently concealing the cause of action. The clock does NOT pause for: settlement negotiations, insurance correspondence, or the plaintiff being unaware of the legal theory.
Misreading tolling is the most common malpractice claim against general civil litigators. The defenses are routinely lost on motion to dismiss before discovery even opens.
Enforceability of employee non-competes varies dramatically by state and is trending toward narrower enforcement nationally. Common defects include geographic scope broader than the employer's actual market, duration longer than necessary to protect a legitimate interest, and lack of consideration beyond continued employment.
An overbroad non-compete is often unenforceable in its entirety, not just blue-penciled down — meaning the employer gets no protection at all. A narrower, defensible clause protects more than an aspirational one.
Arbitration clauses are most often struck down for procedural unconscionability — surprise placement, font that hides them, or no opportunity to negotiate — rather than substantive issues. A clause that is conspicuous, separately initialed, and accompanies a clear written notice of waiver of jury trial survives review in most jurisdictions.
A void arbitration clause means the dispute lands in court, often with discovery and jury exposure that the clause was meant to prevent. Drafting discipline at contract formation is cheap; defending the clause years later is not.
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