Blog

Keystone Freight Tries Again

/ 06.Mar, 2015

On of the more comprehensive Superior Court opinions on wrongful use of civil proceedings in recent years is Keystone Freight Corp. v. Stricker, 31 A.3d 967 . . .

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Order Sustaining Preliminary Objections in Dragonetti Act Case Upheld

/ 20.Jan, 2015

The Pennsylvania Superior Court affirmed an order obtained by Swartz Campbell partner, Josh J.T. Byrne, from the Montgomery County Court of Common Pleas sustaining preliminary . . .

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Preliminary Objections Granted in Wrongful Use of Civil Proceedings Action

/ 30.Sep, 2014

Philadelphia Court of Common Pleas Judge Patricia McInerney sustained the preliminary objections of defendants Michael Trachtman, Esquire, Benjamin Anderson, Esquire, Powell Trachtman Logan Carrle & . . .

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New Case on Termination Element of Wrongful Use of Civil Proceedings

/ 04.Sep, 2013

The Superior Court in Clausi v. Stuck, 2013 Pa. Super. 222 (Pa. Super. 2013) (underlying opinion here), found where a defamation claim was withdrawn against . . .

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Termination for Purposes of Wrongful Use of Civil Proceedings (Dragonetti)

/ 18.Feb, 2013

We have previously written about the “termination” prong for a wrongful use of civil proceedings (“Dragonetti”) action.  Our Superior Court recently issued an opinion further . . .

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Defense of Wrongful Use of Civil Proceedings Actions

/ 20.Sep, 2012

Josh J.T. Byrne, Esquire has published a chapter about defending wrongful use of civil proceedings actions in an e-book on defending professional liability claims.  You . . .

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What a Mess!

/ 07.Aug, 2012

The Chicago law firm of Gardiner Koch Weisberg & Wrona, is suing their former clients Ken and Wendy Brown for breach of contract, fraud, breach . . .

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Venue Shopping in Philadelphia?

/ 20.Feb, 2012

For years people have asserted that Philadelphia tends to be a “plaintiff friendly” venue.  This has led to Philadelphia being labeled as a “Judicial Hellhole.”  The state . . .

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Recent Pennsylvania Legal Malpractice Opinions

/ 01.Feb, 2012

Although not strictly speaking a “legal malpractice” decision, the Eastern District of Pennsylvania’s decision in Travelers Indem. Co. v. Stengel, 2011 WL 6739458 (E.D. Pa. . . .

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What is a Lack of Probable Cause for a Wrongful Use of Civil Proceedings Claim

/ 18.Jan, 2012

Pennsylvania is unusual with respect to the extent that wrongful use of civil proceedings claims, also known as Dragonetti claims, are used not only as . . .

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