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Pennsylvania Commercial Litigation

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Harry F. Kunselman


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NEW Edition

May 2016

Pennsylvania Commercial Litigation by Harry F. Kunselman is an important resource that addresses major issues business attorneys can expect to face.  In addition, it serves as a primer for transactional attorneys and business owners on minimizing risks inherent in their business relationships. Published annually, the author will follow this area of law, providing up-to-date analysis and strategy through the lens of his significant experience as a practicing attorney in the field.

Includes the following chapters:

1         Pre-Suit Considerations

2         Significant Differences Between State and Federal Practice

3         Discovery Practice and Procedure

4         Breach of Contract

5         Declaratory Judgments

6         Preliminary Injunctions, Special Injunctions and Temporary Restraining Orders

7         Covenants Not to Compete

8         Business Torts

9         Claims By and Against Shareholders

10        Director andO fficer Liability

11        Partnership Disputes and Partnership Liability

12        Confessions of Judgment and Opening or Striking Confessed Judgments

13        Lender Liability

14        Mechanics Liens

15        Collection of Judgments

16        FraudulentTransfers

17        Indemnification and Contribution

18        Construction Related Claims

19        Actions in Replevin

20        Actions to Quiet Title

21        Oil and Gas Litigation

New in this Edition:
Three new chapters
Expanded Chapter 18 - Construction Related Claims
Two new Appendices

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  • Availability: Available
  • Brand: The Legal Intelligencer
  • Product Type: Books
  • Edition: 3rd
  • ISBN: 978-1-62881-103-2
  • Pub#/SKU#: PACL16
  • Pub Date: 05/31/2016

Includes the following forms:


Sample Litigation Hold Notices

Sample Common Interest/Joint Defense Agreement

Example Of A Request For Waiver and Waiver Form

Sample Interrogatories Including an “Instructions and Definitions” Section

Sample Objections In Response To “Instructions and Definitions”

Sample Responses to Interrogatories Including a  “General Objections” Section

Sample Letter From The Requesting Party To The Responding Party Attempting To Flush Out Whether Documents Have Been Withheld

Sample Requests for Production of Documents and Responses Thereto

Examples of Requests for Admission and Accompanying Interrogatories

Examples of Notices of Videotape Deposition

Sample Notice of Deposition of Corporate Designee and Responsive Designation

Sample Privilege Log

Sample Petition for Commission to Issue Subpoena for Foreign Deposition

Example of a Completed Federal Subpoena

Sample Privilege Log

Sample Clawback Agreement

Sample Complaint And Motion For Preliminary Injunction

Sample Injunction Bond

Sample Federal Complaint And Motion For Temporary Restraining Order

Sample Complaint Alleging Tortious Interference With Contractual Relations

Sample Complaint Alleging Trade Libel

Sample Complaint Alleging Misappropriation Of Trade Secrets

Sample Complaint Seeking An Accounting

Examples of Warrants of Attorney

Sample Complaint in Confession of Judgment

Sample Confession of Judgment

Sample Rule To Show Cause

Example of a Praecipe for Writ of Execution Naming a Garnishee

Sample Interrogatories in Aid of Execution





Author Image
  • Harry F. Kunselman

Harry F. Kunselman is a shareholder with the Pittsburgh and Beaver offices of the law firm of Strassburger McKenna Gutnick & Gefsky, is a member of its Executive Committee, and is 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, and was selected as a 2014, 2015 and 2016 Pennsylvania Super Lawyer. 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 also provides general counseling and litigation services for avariety of business owners and real estate developers.

Mr. Kunselman has deep roots in the Western Pennsylvania legal community. He is the son of Robert E. Kunselman, the retired president judge of the Court of CommonPleas of Beaver County. He is a member of the Allegheny County Bar Association where he is a former Chair of its Civil Litigation Section and Young Lawyers Section and formerly served on its Board of Governors. He is also a member of the Beaver County Bar Association and the Pennsylvania Bar Association where he was Co-Chair for Zone 12 of the Young Lawyers Division and a former YLD zone delegate to the PBA House of Delegates. He is also a member of the Beaver County Chamber of Commerce, where he serves as Vice Chair of it Government Affairs Committee

      His government service has included being a member and former President of the Upper St. Clair School Board and a former member and former Chair of the City of Pittsburgh Commission on Human Relations.

Mr. Kunselman received his B.A. fromthe University of Pittsburgh and is a graduate of the University of Pitts


PA COMMERCIAL LITIGATION

TABLE OF CONTENTS

 

CHAPTER 1

Pre-Suit Considerations

1-1INTRODUCTION

1-2CASE INVESTIGATION CONSIDERATIONS

1-2:1Gathering and Reviewing Client Documents and ElectronicInformation

1-2:2Considerations for Interviewing Witnesses

1-2:2.1Ethical Considerations for Interviewing Witnesses

1-2:2.2Discovery Considerations When Interviewing Witnesses

1-2:2.3Discovery Considerations for Pre-Suit Communications withExperts

1-3LITIGATION HOLD NOTICES

1-3:1Federal Requirements for Litigation Holds

1-3:2State Requirements for Litigation Holds

1-4JURISDICTIONAL CONSIDERATIONS

1-4:1 Contractual Selection of Forum for Jurisdiction

1-4:2Personal jurisdiction

1-4:3Federal Subject Matter Jurisdiction

1-4:4Federal Diversity Jurisdiction

1-4:4.1Determining Diversity for Corporations

1-4:4.2Determining Diversity for Partnerships and LimitedLiability Companies

1-4:5Supplemental Jurisdiction (Claims Which Alone Would NotOtherwise Qualify for Federal Jurisdiction)

1-4:6Removal to Federal Court by Defendant(s)

1-4:6.1Procedure and Timing for Removal

1-4:6.2Determining the Amount in Controversy for Purposes ofRemoval Based on Diversity Jurisdiction

1-5ARBITRATION

1-5:1Typical Differences Between Arbitration and Court

1-5:2Contests Over Arbitrability

1-5:3Staying Court Proceeding in Favor of Arbitration

1-5:4Staying Arbitration Proceeding in Favor of Court

1-6VENUE

1-6:1Determining Venue in State Court

1-6:1.1Venue As to Individuals

1-6:1.2Venue As to Partnerships

1-6:1.3Venue As to Corporations and Similar Entities

1-6:1.4Venue As to Unincorporated Associations

1-6:1.5Actions Against Two or More Defendants to Enforce Jointor Several Liability

1-6:1.6Requesting a Change in Venue

1-6:2Determining Venue in Federal Court

1-6:2.1Venue Generally

1-6:2.2Venue in Specific Kinds of Actions

1-6:2.3Changing Venue in Federal Court

1-6:3Forum Selection Clauses

1-7ANALYSIS 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

 

CHAPTER 2

Significant Differences Between State and Federal Practice

2-1INTRODUCTION

2-2PLEADING DIFFERENCES

2-2:1Fact Pleading vs. Notice Pleading

2-2:1.1State Court - Fact Pleading

2-2:1.2Federal Court – Notice Pleading

2-2:2Commencement of Action

2-2:3Time for Pleadings

2-2:4Preliminary Objections and Motions to Dismiss

2-2:5Signing of Pleadings; Sanctions under State Rule 1023 andFederal Rule 11

2-3SERVICE OF PROCESS

2-3:1Manner and Time of Service of Process in State Court

2-3:2Manner and Time of Service of Process in Federal Court

2-4COUNTERCLAIMS AND THIRD PARTY CLAIMS

2-4:1Counterclaims

2-4:2Third Party Claims

2-5AMENDED PLEADINGS

2-5:1State Court

2-5:2Federal Court

2-6DISCOVERY DIFFERENCES

2-6:1Initial Disclosures

2-6:2Electronic Discovery

2-6:3Expert Witness Discovery

2-6:4Discovery Limitations

2-7ALTERNATIVE DISPUTE RESOLUTION

2-8SUMMARY JUDGMENT DIFFERENCES

2-9INDIVIDUAL vs. GENERAL CALENDARS

 

CHAPTER 3

Discovery Practice and Strategies

3-1INTRODUCTION

3-2INTERROGATORIES AND DOCUMENT REQUESTS

3-2:1Interrogatories

3-2:2Requests for Production of Documents and Things

3-3REQUESTS FOR ADMISSION

3-4DEPOSITIONS

3-4:1Timing of Depositions

3-4:2Video Depositions

3-4:3Deposing a Corporate Designee

3-5THIRD PARTY SUBPOENA PRACTICE

3-5:1State Court Subpoena Practice

3-5:1.1General

3-5:1.2Third Party Documents Only Subpoenas

3-5:2Federal Court Subpoena Practice

3-6DISCOVERY OUTSIDE JURISDICTION

3-6:1Obtaining Discovery Out of State in Pennsylvania Actions

3-6:1.1Obtaining Discovery Within the United States

3-6:1.2Obtaining Discovery in a Foreign Country

3-6:2Obtaining Discovery Outside District of Venue in FederalActions

3-6:2.1Obtaining Discovery Within the United States

3-6:2.2Obtaining Discovery in a Foreign Country

3-7PRIVILEGE CONSIDERATIONS

3-7:1Attorney-Client Privilege

3-7:2Work Product Privilege in State Court

3-7:3Work Product Privilege in Federal Court

3-7:4Inadvertent Waivers and Clawback Agreements

3-8DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI)

3-8:1State Court Discovery of ESI

3-8:2Federal Court Discovery of ESI

3-9SPOLIATION

 

CHAPTER 4

Breach of Contract

4-1INTRODUCTION

4-2SALES OF GOODS

4-3SALES OF REAL ESTATE AND OTHER CONTRACTS

4-4ELEMENTS OF THE CLAIM

4-4:1Choice of Law and Forum

4-4:2Express vs. Implied Contracts and Oral Contracts

4-4:3Certainty and Subject Matter

4-4:4Offer and Acceptance

4-4:5Necessity for Writing (Statute of Frauds)

4-4:6Consideration and the Pennsylvania Uniform WrittenObligations Act

4-4:7Breach of Warranty

4-4:7.1Breach of Express Warranty

4-4:7.2Breach of Implied Warranty

4-4:7.2aImplied Warranty of Merchantability

4-4:7.2bImplied Warranty of Fitness for Particular Purpose

4-4:7.2cImplied Warranty of Habitability

4-4:7.3Disclaimer and Limitations on Warranties

4-4:8Promissory Estoppel

4-4:9Third Party Beneficiary Claims

4-5LIABILITY DEFENSES

4-5:1 Absence of Any of the Necessary Elements

4-5:2Non-Occurrence or Failure of Condition

4-5:3Failure to Perform; Anticipatory Breach; AdequateAssurances

4-5:3.1Failure to Perform

4-5:3.2Anticipatory Breach

4-5:3.3Request for Adequate Assurances

4-5:4Force Majeure

4-5:5Waiver and Estoppel

4-5:6Impossibility of Performance, Illegality and In PariDelicto

 

4-5:6.1Impossibility of Performance

4-5:6.2Illegality

4-5:6.3In Pari Delicto

4-5:7Integration Clauses and the Parol Evidence Rule

4-5:8Statute of Limitation

4-5:9Equitable Defenses – Laches, Unclean Hands and Adequacy ofRemedy at Law

4-5:9.1Laches

4-5:9.2Unclean Hands

4-5:9.3Adequate Remedy at Law

4-6REMEDIES

4-6:1Damages

4-6:1.1Direct Damages

4-6:1.2Indirect or Consequential Damages

4-6:1.3Loss of Profits

4-6:1.4Liquidated Damages

4-6:1.5Pre- and Post-Judgment Interest

4-6:1.6Attorney’s Fees

4-6:1.7Punitive or Exemplary Damages in Contract Cases

4-6:2Injunctive Relief

4-6:2.1Specific Performance

4-6:2.2Rescission

4-7LIMITATIONS ON REMEDIES

4-7:1Disclaimers and Contractual Limitations on Damages

4-7:1-1Limitation Clauses vs. Exculpatory Clauses

4-7:1.2Negligent vs. Reckless Conduct and Impact on LimitationClauses

4-7:2Liquidated Damages

 

CHAPTER 5

Declaratory Judgments

5-1NATURE AND GROUNDS FOR DECLARATORY RELIEF

5-2SUBJECTS OF DECLARATORY RELIEF IN COMMERCIAL CASES

5-2:1Rights and Status Under Statutes or Regulations

5-2:2 Rights and Status Under Contract

5-2:3Insurance Coverage or Lack of Coverage

5-2:4Property Rights

5-2:5Lien Status and Priority of Liens

5-2:6Intellectual Property Rights

5-3ACTION FOR DECLARATORY RELIEF AS A PRE-EMPTIVE STRIKE

5-4PROCEDURE FOR DECLARATORY RELIEF

 

CHAPTER 6

Preliminary Injunctions, Special Injunctions and TemporaryRestraining Orders

6-1INTRODUCTION

6-2PRELIMINARY OR SPECIAL INJUNCTIONS IN STATE COURT

6-2:1Elements

6-2:2Procedure for Obtaining an Injunction

6-2:2.1Petition, Complaint or Application

6-2:2.2Requirement of a Bond

6-2:2.3Trial or Hearing

6-2:2.4Continuing, Modifying or Terminating an Injunction

6-3PRELIMINARY INJUNCTIONS AND TEMPORARY RESTRAINING ORDERS INFEDERAL COURT

6-3:1Elements

6-3:2Procedure for Obtaining an Injunction

6-3:2.1Petition, Complaint or Application

6-3:2.2Requirement of a Bond

6-3:2.3Trial or Hearing

6-3:2.4Continuing, Modifying or Terminating an Injunction

6-4DEFENSES

6-4:1No Immediate or Irreparable Harm

6-4:2Balancing of Harms From Granting vs. Denying Injunction

6-4:3Adequate Remedy at Law

6-4:4Laches

6-4:5Mootness

6-4:6Public Policy Defense

 

CHAPTER 7

Covenants Not To Compete

7-1INTRODUCTION

7-2ELEMENTS FOR ENFORCEABLE COVENANT NOT TO COMPETE

7-2:1Incident to Sale of Goodwill of a Business or EmploymentRelationship

7-2:1.1Incident to Sale of Goodwill of a Business

7-2:1.2Incident to Employment Relationship

7-2:2Supported by Adequate Consideration

7-2:2.1Consideration Generally

7-2:2.2Pennsylvania Uniform Written Obligations Act

7-2:3Reasonably Necessary to Protect Employer’s Interests andNot Outweighed by Public Interest

7-2:3.1Legitimate Employer’s Interest

7-2:3.2Public Interest Considerations

7-2:4Reasonably Limited in Duration and Geographic Scope

7-2:5Protecting Employer Customer Relationships and TradeSecrets

7-3DEFENSES

7-3:1Introduction

7-3:2Standing/Assignability of Agreement Containing RestrictiveCovenant

7-3:3Nature of Contract Not Protectable

7-3:4Absence or Inadequacy of Consideration

7-3:5Nature of Contract Not Protectable

7-3:6Public Interest Outweighs Employer’s Interest

7-3:7Unreasonable Geography or Temporal Scope

7-3:8Challenge of Secrecy/Confidentiality of Information

7-4PROCEDURE FOR ENFORCEMENT OF COVENANTS NOT TO COMPETE

 

CHAPTER 8

Business Torts

Trent A. Echard, Esquire

8-1TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS

8-1:1Elements of Tortious Interference

8-1:2Defenses and Privileges

8-2FRAUD, CONCEALMENT, AND MISREPRESENTATION

8-2:1Elements of Common Law Claims

8-2:2Civil Claims under the Racketeer Influenced and CorruptOrganizations Act

8-2:3Heightened Pleading Requirements for Fraud Based Claims

8-3TRADE LIBEL/SLANDER OF TITLE

8-3:1Elements of Trade Libel

8-3:2Defenses

8-4UNFAIR COMPETITION

8-5MISAPPROPRIATION OF TRADE SECRETS

8-5:1Overview

8-5:2Statutory Law

8-5:3Considerations Presented by Computer Technology

8-5:4Preemption by the Pennsylvania Uniform Trade Secrets Act

8-6OTHER TORT DEFENSES

8-6:1Economic Loss Doctrine

8-6:2Gist of the Action Doctrine

8-6:3Statutes of Limitation

 

CHAPTER 9

Claims By and Against Shareholders of Corporations

9-1MINORITY SHAREHOLDER RIGHTS

9-1:1Duties of Majority Shareholders to Minority

9-1:2Right to Inspect Corporate Books and Records

9-2OPPRESSION

9-2:1Grounds for Action

9-2:2Remedies

9-2:2.1Dissolution

9-2:2.2Appointment of Custodian

9-2:2.3Payment of Fair Value of Shares

9-2:2.4Punitive Damages

9-3DISSENTER’S RIGHTS

9-3:1Introduction

9-3:2Procedure to Invoke Dissenter’s Rights

9-3:3Valuation Proceeding

9-3:4Exclusivity of Dissenter’s Rights Remedy

9-4DERIVATIVE ACTIONS

9-4:1Grounds for Action

9-4:2Procedural Prerequisites

9-4:2.1Shareholder Status and Demand

9-4:2.2Ownership of Interest or Serious Injustice

9-4:2.3Adequacy of Representation

9-4:2.4Corporation as Party

9-4:2.5Posting of Security

9-4:3Defenses

9-4:3.1General

9-4:3.2Business Judgment Rule

9-4:4Remedies

9-5PIERCING THE CORPORATE VEIL – SHAREHOLDER LIABILITY

9-5:1Introduction

9-5:2Bases and Theories of Veil-Piercing

9-5:2.1Alter Ego Theory

9-5:2.2Enterprise or Single Entity Theory

 

CHAPTER 10

Director and Officer Liability

10-1INTRODUCTION

10-2FIDUCIARY RELATION

10-3INDEMNIFICATION RIGHTS

10-4BUSINESS JUDGMENT RULE

10-5GROUNDS FOR LIABILITY

10-5:1 Breach of Fiduciary Duty in General

10-5:2Self-Dealing

10-5:3Usurpation of Corporate Opportunity

10-5:4Fiduciary Duty to Creditors

 

CHAPTER 11

Partnership Disputes and Partnership Liability

11-1CREATION AND NATURE OF PARTNERSHIP

11-2RIGHTS AND DUTIES OF PARTNERS

11-2:1Rights and Duties Vis-à-Vis the Partnership

11-2:2Rights and Duties Vis-à-Vis Each Other

11-2:3Rights and Duties Vis-à-Vis Third Persons

11-3CLAIMS BETWEEN AND AMONG PARTNERS

11-3:1Breach of Contract

11-3:2 Breach of Fiduciary Duty and Other Torts

11-3:3Action for Accounting

11-4DERIVATIVE ACTIONS

11-5INDEMNIFICATION

 

CHAPTER 12

Confessions of Judgment and Opening or Striking ConfessedJudgments

12-1INTRODUCTION

12-2WARRANT OR POWER OF ATTORNEY

12-3PROCEDURE TO CONFESS JUDGMENT

12-4OPENING OR STRIKING CONFESSED JUDGMENT

12-4:1Procedure – Petition to Open or Strike

12-4:2Grounds for Opening or Striking Judgment

12-4:2.1Absence of Authority

12-4:2.2Defense to Merits of Judgment Holder’s Claim

12-4:2.3Improper Amount

12-4:2.4Procedural Irregularities in Confessing Judgment

12-5ENFORCING CONFESSED JUDGMENT

 

CHAPTER 13

Lender Liability Claims

13-1CIRCUMSTANCES GIVING RISE TO LENDER LIABILITY

13-1:1Breach of Contract

13-1:2Tort Theories of Recovery

13-2LENDER DEFENSES

13-2:1General

13-2:2Gist of the Action Doctrine

13-2:3Creeger Brick and Corestates Bank – Can a Lender Be Liablefor Breach of the Duty of Good Faith?

13-2:3.1Creeger Brick

13-2:3.2Corestates Bank

 

Chapter 14 

Mechanics’ Liens

Christopher J. Azzara, Esquire

14-1THE PENNSYLVANIA MECHANICS' LIEN LAW OF 1963

14-2CIRCUMSTANCES GIVING RISE TO LIEN

14-2:1The Parties

14-2:1.1The Owner

14-2:1.2The Contractor

14-2:1.3The Subcontractor

14-2:2Who Can Lien?

14-2:3What Can be Liened?

14-2:4What Cannot be Liened?

14-2:5Basis for Lien

14-2:5.1Labor

14-2:5.2Materials

14-2:5.3Erection and Construction

14-2:5.4Alteration and Repair

14-3PROCEDURE TO OBTAIN LIEN

14-3:1Formal Notice of Intention to File Lien by Subcontractor

14-3:1.1Duties and Remedies of Owner and Contractor on Notice ofIntention to File or on Filing of Claim by Subcontractor

14-3:2Filing Claim and Perfection of Lien

14-3:2.1Time for Filing

14-3:2.2Contents of Claim

14-3:2.3Service of Claim

14-3:2.4Contesting Claim

14-4DEFENSES TO CLAIM

14-4:1Waiver of liens

14-4:2Delay; Failure to Prosecute

14-4:3Payment

14-4:4Failure to comply with notice, filing, or servicerequirements

14-4:5Right of Owner to Limit Claims to Unpaid Balance ofContract Price

14-5ENFORCEMENT OF LIEN

14-5:1Obtaining Judgment on Claim

14-5:2The Complaint

14-5:3Responsive Pleadings

14-5:3.1Preliminary Objections

14-5:3.2Answer

14-5:3.3Prohibition against Joinder and Counterclaims

14-5:4Judgment

14-5:5Execution

 

CHAPTER 15 

Collection of Judgments

15-1INTRODUCTION

15-2 POSTING SECURITY TO STAY EXECUTION.

15-3EFFECT OF JUDGMENT AS LIEN

15-3:1Lien on Real Estate

15-3:2Lien on Non-Real Estate Assets

15-4WRIT OF EXECUTION

15-4:1State Court

15-4:2Federal Court

15-5GARNISHMENT

15-5:1Procedure for Garnishment

15-5:2Interrogatories in Aid of Execution and “PleadingPractice”

15-5:3 Contested Garnishments

15-5:4Releasing Property from Levy or Attachment

15-5:5Third Party Claims to Property Levied Upon - Sheriff’sInterpleader

15-6DISCOVERY IN AID OF EXECUTION

15-7SHERIFF’S SALES

15-7:1Real Estate

15-7:2Other Types of Property

 

CHAPTER 16

Christopher J. Azzara, Esquire

Fraudulent Transfers

16-1LAWS GOVERNING FRAUDULENT CONVEYANCES

16-2GROUNDS FOR FRAUDULENT TRANSFER

16-3NATURE OF TRANSFER CHALLENGED

16-4ACTUAL FRAUD

16-5 CONSTRUCTIVE INTENT

16-5:1Transfers for Reasonably Equivalent Value

16-5:2Transfers for Less Than Reasonably Equivalent Value

16-5:2.1Insolvency - Balance Sheet Test

16-5:2.2Insolvency - Unreasonably Small Capital Test

16-5:2.3Insolvency - Equitable Insolvency Test

16-6RELATIONSHIP BETWEEN TRANSFEROR AND TRANSFEREE

16-7RIGHTS OF CREDITORS vs. BONA FIDE PURCHASERS

16-8PROCEDURE FOR CHALLENGING FRAUDULENT TRANSFER

16-9DEFENSES TO A CLAIM OF FRAUDULENT TRANSFER

16-10REMEDIES

16-10:1Avoidance of Transfers

16-10:2Judgment for Voidable Transfers

16-10:3Attachment

16-10:4Execution

16-10:5Injunctive Relief

16-10:6Appointment of Receiver

Chapter 17: Indemnification andContribution Gretchen E. Moore, Esquire

17-1 INDEMNIFICATION

17-2 CONTRACTUAL INDEMNIFICATION

17-2:3 Contractual Indemnification for Active and PassiveNegligence

17-3 PASS-THROUGH INDEMNIFICATION

17-4 DUTY TO DEFEND; FAULTLESSINDEMNITEES

17-5 SETTLEMENT AND INDEMNIFICATION

17-6 ANTI-INDEMNITY STATUTES

17-7 COMMON LAW INDEMNIFICATION

17-8 COMPARATIVE NEGLIGENCE ANDCONTRIBUTION

17-9 RAISING CLAIMS FORINDEMNIFICATION

 

Chapter 18:Construction Related Claims Harry F. Kunselman and Diane Zack Buchanan

18-1 INTRODUCTION

18-2 CONTRACTFORMATION

18-3 BREACH OFCONTRACT

18-4 UNJUST ENRICHMENT

18-5 DEFENSES ANDSTATUTE OF REPOSE

18-6 COMMON LAWDAMAGES AND REMEDIES

18-7 THEPENNSYLVANIA CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT

18-8 FEDERALCONSTRUCTION PROJECTS

18-9 STATE ANDLOCAL CONSTRUCTION PROJECTS

18-10 MECHANICSLIENS

18-11 SURETYSHIPCLAIMS

18-12 INSURANCEAND CONSTRUCTION CLAIMS

 

Chapter19: Actions in Replevin

19-1INTRODUCTION19-2 ELEMENTS; DEFENSES AND COUNTERCLAIM

19-3 PRESUMPTIONSAND BURDEN OF PROOF

19-4 PROCEDURE

19-5 TRIAL ANDJUDGMENT

19-6 ENFORCEMENTOF JUDGMENT


Chapter 20:Actions to Quiet Title

20-1INTRODUCTION20-2 PROCEDURE IN GENERAL

20-3 COMPLAINT;VENUE; NO JURY TRIAL

20-4 SERVICE OFPROCESS AND UNIDENTIFIABLE DEFENDANTS

20-5 SCOPE OFACTIONS TO QUIET TITLE

20-6 THE ROLE OFPOSSESSION IN DETERMINING THE FORM OF ACTION, THE CLAIMS ASSERTED, AND   THEPROCEDURE TO BE FOLLOWED

20-7 BURDEN OFPROOF

20-8 FORM OFJUDGMENT

20-9 DEFENSES


Chapter 21:Oil and Gas Litigation Trent A. Echard, Esquire

21-2 OIL AND GAS LEASE LITIGATION

21-1:2 Leases and Other Agreements Affecting Oil and Gas Rights

21-1:2.1 Oil and GasProduction Leases

21-1:2.2 Oil and Gas Storage Agreements

21-1:2.3 Ancillary Agreements, Damage Waivers, RoadwayAgreements, Construction Licenses, Right of Ways, and Easements

21-2 OIL AND GAS LEASELITIGATION

21-2:1 General Rules of Oil and Gas Lease Interpretation

21-2:2 Lease Invalidation and Lease Termination

21-2:2.1 Framework for Analyzing Lease Severability

21-2:2.2 Failure to Produce Gas

21-2:2.3 Underground Storage

21-2:3 Termination Due to Other Material Breaches of the Lease

21-2:4 Payment Disputes

21-2:4.1 Failure to Pay Up-Front Bonus

21-2:4.2 Disputes Regarding Royalty Amounts

21-3 OIL AND GASQUIET TITLE ACTIONS

21-4 TORTS

21-5 EMINENTDOMAIN OF PIPELINES AND STORAGE EASEMENTS

21-5:1 Intrastate Natural Gas Transmission and Storage

21-5:2 Interstate Gas Transmission and Storage