Pennsylvania Causes of Action

Standing Order with Automatic Update Service

Joel Feldman , Gaetan J. Alfano, Esq, Ronald J Shaffer, Esq , David J. Carney

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"As a general practitioner for 39 years, “jack of all trades and master of none” is an understatement.  I use Pennsylvania Causes of Action regularly for a quick and convenient refresher on options available as I evaluate the factual nuances of new cases that come in. It is a good initial reference source and I have referred it to many others." - Luther (Chip) Milspaw, The Law Offices of Luther Milspaw, Harrisburg, PA

"This is a book that every young Pennsylvania plaintiff's lawyer should reference when drafting a complaint. The elements of each cause of action are set forth in such a way to serve as a road map for pleading facts necessary to prove your case." - Michael P. Kane, Esq., Rizio, Hamilton & Kane, P.C., Philadelphia, PA

Pennsylvania Causes of Action is a unique and indispensable working resource for any law office. It sets forth theories of recovery under Pennsylvania law, provides defenses, applicable statutes of limitation and tables of authorities. The authors – highly regarded and experienced practitioners – have contributed explanatory notes for many of the sections.

An excellent attorney desk reference for practically any client matter. Ideal for law libraries.

Pennsylvania Causes of Action will help attorneys distill concepts and simplify the process of drafting initial pleadings.

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  • Availability: Available
  • Brand: The Legal Intelligencer
  • Product Type: Books
  • Page Count: 354
  • ISBN: 978-1-62881-531-3
  • Pub#/SKU#: PCAUS19
  • Pub Date: 10/28/2018

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  • Joel Feldman

Joel Feldman is the Managing Partner of Anapol Weiss, as well as an active trial attorney.  He is proud to have participated in the firm's successes in the past and to have helped the firm earn its reputation for excellence.  His clients are unanimous in their appreciation for his hard work, as well as his compassion and concern for their interests.

He has represented a number of individuals in a wide variety of personal injury actions, as well as securities litigation and stockbroker claims.  His personal injury practice includes cases arising from dangerous products and construction site accidents, nursing home neglect, dangerous conditions on properties, automobile and truck accidents, medical and dental malpractice, and alcohol-related accidents.  He received his Bachelor's degree from University of Vermont in 1976 and his law degree from Villanova University School of Law in 1981.

Also by Joel Feldman :
Library of Pennsylvania Personal Injury Forms, 5th Edition

Author Image
  • Gaetan J. Alfano, Esq
  • Pietragallo Gordon Alfano Bosick & Raspanti

GAETAN J. ALFANO is a partner with Pietragallo Gordon AlfanoBosick & Raspanti, LLP, where he serves as Co-Chair of the Litigation Practice Group. He is also a member in the Employment & Labor Practice Group.

Mr. Alfano is consistently recognized as a top commerciallitigator by his peers. He has extensive trial and appellate experience incommercial and employment disputes, insurance insolvency and receivership law,as well as complex white collar criminal defense. He has tried hundreds ofcases to verdict in both federal and state courts.

As an insurance insolvency practitioner, Mr. Alfano tried areinsurance recovery case against GTE Reinsurance Company, Limited on behalf ofthe Pennsylvania Insurance Department as Rehabilitator for the Mutual Fire, Marineand Inland Insurance Company. The case resulted in a post-trial settlement of$44.9 million, which at the time, was the largest reinsurance recovery inPennsylvania history.

Mr. Alfano represented the Delaware Insurance Commissioneras Receiver for National Heritage Life Insurance Company, where he wasresponsible for prosecuting a variety of professional liability and assetrecovery actions. For over a decade, he represented the Pennsylvania InsuranceDepartment as Liquidator for both Legion Insurance and Villanova InsuranceCompanies, a $3 billion insolvency.

In September 2010, the United States District Court for theEastern District of Pennsylvania appointed Mr. Alfano as counsel for aSecurities Exchange Commission Receiver in a nationwide Ponzi scheme, SEC v.Robert Stinson, Jr., et al.. In this role, Mr. Alfano tried to verdict aprivate contribution claim under Section 10(b) of the Securities Exchange Actagainst an international ratings agency.

Mr. Alfano has also defended public entities, businesses,and corporations in a variety of commercial and employment matters. In a recentemployment case, he represented a law firm sued by a gay associate inPennsylvania state court and received a unanimous defense verdict from the jury.

Mr. Alfano is heavily involved in community service. As amember of the Justinian Society, a group of Italian American lawyers andjudges, he has held a number of offices, including Treasurer of the JustinianFoundation, the charitable arm of the Society. He also serves on the Board ofDirectors of the Global Philadelphia Association; Philadelphia VIP; the PublicInterest Law Center of Philadelphia; and the Philadelphia Bar Foundation.

Author Image  A seasoned trial lawyer, Ron has represented clients in state and federal courts across the country. He is adept at successfully managing client interests both in and out of a courtroom and has significant experience in alternative dispute resolution. Ron has represented clients ranging from Fortune 100 companies with international operations in complex commercial disputes to family-owned businesses with regional operations.

Ron handles a broad range of commercial litigation matters, including various types of intellectual property disputes, trade secrets, securities, class actions as well as corporate and shareholder disputes.

Some of his recent matters include:

  • Representing Schering-Plough Healthcare Products, Inc. in a false advertising suit in federal court in Delaware
  • Representing Provider Synergies in federal court in West Virginia on claims for misappropriation of trade secrets brought against a competitor
  • Representing Lannett Company in federal court in Utah in a patent infringement and Lanham Act case
  • Representing Quaker Chemical Corporation in restrictive covenant and misappropriation of trade secrets cases in federal courts in Ohio and Pennsylvania
  • Representing SR Utility Holding Company in a minority shareholder claim in federal court in New Jersey
  • Representing Schering-Plough in a breach of a pharmaceutical distribution agreement claim before the American Arbitration Associations International Centre for Dispute Resolution
  • Representing InterState Net Bank in a trademark infringement suit in federal court in New Jersey
  • Representing Chase Home Finance, LLC against claims under the Fair Credit Reporting Act and Fair Debt Collection Practices Act in federal and state courts in Pennsylvania
  • Representing Acxiom Direct Media, Inc. in breach of contract and unfair trade practices claims in federal court in Pennsylvania
  • Representing estate beneficiaries in removal and surcharge proceedings in Pennsylvania state court against the executors of an estimated $50-million-plus estate of the deceased owner of multiple office and commercial buildings in the City of Philadelphia for self-dealing and breach of fiduciary duty

Ron is a former chair of the firms Litigation Department (2001 to 2007) and has served on the firms Executive Committee.

Author Image
  • David J. Carney

David J. Carney

David J. Carney joined Anapol Weiss in 2010 as an associatein the firm’s Toxic Tort and Medical Malpractice Departments. In that time, hehas zealously and successfully advocated for the rights of injured victims in avariety of complex matters, including products liability, medical malpractice,benzene exposure, toxic torts, asbestos exposure, premises liability, motorvehicle accidents, dram shop, vaccine injury compensation, mass torts and classactions.

David was selected for inclusionin the 2015 and 2016 New Jersey and Pennsylvania editions of Super Lawyers®Rising Stars, a distinction given to only 2.5% of lawyers who are either under40 years old or in practice for less than 10 years.

David was also named as a memberof The National Trial Lawyers: Top 40 Under 40 in Pennsylvania. Thisprofessional organization is composed of the top trial lawyers under the age of40 who exemplify superior qualifications, leadership and trial results in theirspecific state or region.

During his time at Anapol Weiss,David has played an integral role in obtaining multi-million dollar verdictsfor his clients that have been injured as a result of a physician’s medicalnegligence.  . Along with Lawrence R. Cohan, Esquire, David has helpedobtain a $1.9 million verdict in Philadelphia County, Pennsylvania for theestate of a pregnant mother, whose pneumonia was misdiagnosed upon herpresentation to the emergency room, resulting in her death, leaving behind twoyoung children. He also played a critical role in obtaining a $1.1 millionverdict in Cumberland County, New Jersey for the estate of a father, whopresented to the emergency room with symptoms of a pulmonary embolism that wasmisdiagnosed and consequently led to his death.

David is an active member in theVaccine Injury Petitioner’s Bar Association that advocates for the rights ofvictims who have been injured as a result of a vaccination. In addition, Davidis intimately involved with the Young Lawyers Division of the U.S. Court ofFederal Claims in Washington, D.C., the court where all of the vaccine casesare adjudicated. Outside of vaccine litigation, David is an active member ofthe American Association for Justice, the Pennsylvania Association for Justice,the Philadelphia Bar Association and the Philadelphia Trial LawyersAssociation. Finally, he is also an author of The Legal Intelligencer’sPennsylvania Causes of Action, First, Second, Third and Fourth Editions, whichserve as a quick starting point for any case containing Pennsylvania civilactions. The books compile outlines and index theories of recovery underPennsylvania law and provide defenses and applicable statutes of limitationwith tables of authorities.

David earned his Bachelor of ArtsDegree in Political Science from the Pennsylvania State University while alsoobtaining a minor in Business Law.  David then went on to earn his lawdegree from Widener University School of Law, now the Delaware Law School,where he was a recipient of the Widener Scholar scholarship. While in lawschool, David was a member of The Widener Law Review for two years and servedon the editorial board during his third year. He currently serves as a mentorin the Widener Law Mentoring Program, which mentors current law studentsregarding law school and the role of lawyers and judges in the profession.

Prior to joining Anapol Weiss,David served as a judicial law clerk intern to the Honorable Allan L. Tereshkoin the First Judicial District in the Philadelphia County Court of CommonPleas, Civil Trial Division.

Chapter 1: Agency or Fiduciary Based Causes of Action
1-1 Agent Breaching Fiduciary Duty to Principal
1-2 Agent’s Liability to Third Parties
1-3 Bailments
1-4 Breach of Fiduciary Duty
1-5 Charitable Organization Liable for Wrongdoing
1-6 Co-Sureties Contributing on Debt Default
1-7 Escrow Agent Improperly Disbursing Funds

Chapter 2: Attorney and Legal Services Causes of Action
2-1 Attorney Malpractice
2-2 Legal Fraud
2-3 Claim for Attorneys’ Fees
2-4 Attorney Charging Lien

Chapter 3: Banking, Commercial Paper
3-1 Wrongful Refusal to Honor Check
3-2 Letters of Credit
3-3 Holder in Due Course
3-4 Enforcement of Lost, Destroyed or Stolen Instrument
3-5 Employer’s Responsibility for Fraudulent Endorsement by Employee
3-6 Collecting Bank Late Objection to Negotiable Instrument
3-7 Bank’s Wrongful Failure to Honor Stop Payment
3-8 Death or Incapacity of Customer
3-9 Liability for Improper Payment by Bank Because of Revoked or Limited Power of Attorney
3-10 Liability for Payment of Forged or Altered Checks
3-11 Modification or Revocation of Letters of Credit
3-12 Letters of Credit: Fraud and Forgery

Chapter 4: Constitutional Causes of Action
4-1 Eminent Domain
4-2 Invasion of Privacy
4-3 Inverse Condemnation (aka “De Facto Taking”)
4-4 Waiver of Sovereign Immunity
4-5 Claim for Violation of Free Speech Rights

Chapter 5: Contract or Quasi-Contract Causes of Action
5-1 Accounting
5-2 Account Stated
5-3 Anticipatory Breach of Contract
5-4 Avoidance of Contract by Child
5-5 Breach of Contract
5-6 Buyer’s Damages for Accepted Goods
5-7 Buyer’s Damages for Non-Delivery or Repudiation
5-8 Buyer’s Recovering Specifically Identified Goods
5-9 Buyer’s Remedies for Breach in General
5-10 Buyer’s Right to Replevy Goods Identified to the Contract
5-11 Confusing Language in Written Contract
5-12 Contract
5-13 Enforceability of Contract for Sale of Goods for the Price of $500 or More (Statute of Frauds)
5-14 Constructive Fraud in Contract
5-15 Contract Rescission Based on Misrepresentation
5-16 Duress
5-17 Express Warranty
5-18 Failure to Cooperate in Performance
5-19 Firm Offers
5-20 Gist of the Action Doctrine
5-21 Implied-In-Fact Contract
5-22 Implied-In-Law Contract/Quasi-contract
5-23 Implied Covenant of Good Faith and Fair Dealing
5-24 Implied Warranty of Fitness for Particular Purpose
5-25 Implied Warranty of Merchantability
5-26 Intentional Interference with Contractual Relations
5-27 Mutual Mistake
5-28 Open Price Term
5-29 Output and Requirements Contracts
5-30 Promissory Estoppel (Detrimental Reliance)
5-31 Seller’s Action for the Price
5-32 Seller’s Remedies for Breach in General
5-33 Seller’s Remedies Upon Discovery of Buyer’s Insolvency
5-34 Settlement Agreements as Contracts
5-35 Specific Performance
5-36 Substantial Performance
5-37 Suretyship
5-38 Unconscionability
5-39 Unilateral Mistake
5-40 Unjust Enrichment (Quantum Meruit)
5-41 Warranty of Title

Chapter 6: Corporate- and Partnership-Based Causes of Action
6-1 Association and Membership Liability
6-2 Breach of Fiduciary Duty
6-3 Business Judgment Rule
6-4 Corporate Liability in Tort
6-5 Custodians
6-6 Derivative Suits
6-7 Involuntary Dissolution
6-8 Participation Theory of Liability
6-9 Partnership Liability
6-10 Piercing the Corporate Veil
6-11 Receivers
6-12 Shareholder Access to Corporate Records
6-13 Shareholder Oppression
6-14 Successor Liability
6-15 Venue

Chapter 7: Damage Related Causes of Action
7-1 Contribution
7-2 Indemnification
7-3 Delay Damages/Interest
7-4 Punitive Damages
7-5 Damages Against Political Subdivisions

Chapter 8: Employer- and Employee-Based Causes of Action
8-1 Discrimination
8-2 Hostile Work Environment
8-3 Negligent Hiring and Negligent Supervision
8-4 Pennsylvania Human Relations Act
8-5 Quantum Meruit
8-6 Quid Pro Quo Sexual Harassment
8-7 Respondeat Superior Liability
8-8 Restrictive Covenants
8-9 Retaliation
8-10 Vicarious Liability
8-11 Wage Payment and Collection Law
8-12 Wrongful Discharge

Chapter 9: Equitable Causes of Action
9-1 Equitable Rescission & Reformation of Contract
9-2 Economic Duress
9-3 Unconscionability
9-4 Action for Specific Performance of Contract
9-5 Action to Enforce Restrictive Covenant
9-6 Action on Contract Implied-In-Law
9-7 Promissory Estoppel
9-8 Unjust Enrichment
9-9 Reformation of Contracts
9-10 Constructive Trust
9-11 Injunctions
9-12 Equitable Subrogation
9-13 Implied Indemnification

Chapter 10: Family and Matrimonial Causes of Action
10-1 Adoption
10-2 Annulment
10-2:1 Void Marriages
10-2:2 Voidable Marriages
10-3 Custody
10-3:1 Types of Custody
10-3:2 Custody Factors
10-3:3 Grandparents
10-3:4 Enforcement of Visitation
10-3:5 Relocation
10-4 Divorce
10-4:1 Jurisdiction
10-4:2 Grounds for Divorce
10-4:3 Fault Grounds
10-4:4 Institutionalization
10-4:5 Mutual Consent
10-4:6 Irretrievable Breakdown
10-4:7 Marital Property
10-5 Protection from Abuse
10-5:1 Requirements
10-5:2 Temporary Orders
10-5:3 Relief
10-6 Standby Guardianship
10-7 Support

Chapter 11: Insurance-Based Causes of Action
11-1 Insurance-Carrier Bad-Faith Actions
11-2 Insurance Carrier’s Duty to Defend/Declaratory Judgment Action
11-3 Insurance Policy Terminated Without Notice to Insured
11-4 Insurer’s Fraudulent-Misrepresentation Defense
11-5 Negligence
11-6 Negligent Misrepresentation
11-7 Subrogation

Chapter 12: Judicial Based Causes of Action
12-1 Abuse of Process
12-2 Agricultural Crop Destruction
12-3 Alteration or Destruction of Evidence (Spoliation of Evidence)
12-4 Assault with Biological Agent on Animal, Fowl, or Honey Bees
12-5 Civil Rights Violations
12-6 Concert of Action
12-7 Commemorative Service Demonstrations
12-8 Conversion of Timber
12-9 Dilatory, Obdurate or Vexatious Conduct
12-10 Disgorgement of Criminal Profits
12-11 Drug-Related Nuisances
12-12 Ecoterrorism
12-13 Extraordinary Jurisdiction of Supreme Court
12-14 Invalidity of Agreements with Injured Persons
12-15 King’s Bench Petitions
12-16 Malicious Use of Process (Dragonetti Act Violation)
12-17 Mandamus and Prohibition
12-18 Quo Warranto
12-19 Sale of Drugs to Minors
12-20 Special Damages for Passing Bad Checks
12-21 Terrorism
12-22 Theft of Leased Property
12-23 Unauthorized Use of Name or Likeness

Chapter 13: Real Property Causes of Action
13-1 Land Related Causes of Action
13-1:1 Adverse Possession
13-1:2 Action to Enjoin Conveyance of Land Dedicated to Public Use
13-1:3 Express Easement
13-1:4 Prescriptive Easement
13-1:5 Implied Easement
13-1:6 Easement by Necessity
13-1:7 Violation of Restrictive Covenant in Deed
13-1:8 Replevin of Wrongfully Severed Fixtures
13-1:9 Action to Quiet Title
13-1:10 Abandonment of Easement
13-1:11 Claim for Broker’s Commission
13-1:12 Partition of Real Property
13-1:13 Action to Prevent Waste
13-2 Landlord-Tenant Causes of Action
13-2:1 Breach of the Implied Warranty of Habitability
13-2:2 Breach of Covenant of Quiet Enjoyment
13-2:3 Breach of Landlord’s Obligation to Provide Security
13-2:4 Condemnation of Leased Premises
13-2:5 Claim for Security Deposit
13-2:6 Claim for Slander of Title
13-2:7 Claim for Public Nuisance
13-2:8 Claim for Private Nuisance
13-2:9 Constructive Eviction
13-2:10 Injuries to Third Persons
13-2:11 Action in Ejectment
13-2:12 Fixtures
13-2:13 Eviction by Landlord
13-2:14 Liability of Landlord for Repairs by Tenant
13-2:15 Liability for Wrongful Subletting

Chapter 14: Statutory Causes of Action
14-1 Dilution of Trademark
14-2 Action to Enjoin Trademark Infringement
14-3 Misappropriation of Trade Secrets
14-4 Unfair Trade Practices & Consumer Protection
14-5 Mechanics Lien
14-6 Wrongful Use of Civil Proceedings (Dragonetti Act)
14-7 Dram Shop Act Liability
14-8 Fair Credit Extension Uniformity Act
14-9 Consumer Protection Against Computer Spyware Act
14-10 Pennsylvania Automobile Lemon Law
14-11 Pennsylvania Home Improvement Consumer Protection Law

Chapter 15: Tort Causes of Action
15-1 Business Torts
15-1:1 Professional Malpractice
15-1:2 Accountant Malpractice
15-1:3 Tortious Interference with Business Relations and Prospective Business Relations
15-2 Defamation Torts
15-2:1 Injurious Falsehood
15-2:2 Libel
15-2:3 Slander
15-2:4 Commercial Disparagement
15-2:5 Negligent Misrepresentation
15-3 Fraud Torts
15-3:1 Conversion
15-3:2 Deceit
15-3:3 Fraud
15-4 Intellectual Property Torts
15-4:1 Common Law Copyright
15-4:2 Idea Misappropriation
15-4:3 Trade Secret Misappropriation
15-5 Personal Injury Torts
15-5:1 Assault
15-5:2 Battery
15-5:3 Dram Shop—Liability for Service of Alcoholic Beverages
15-5:4 Emotional Distress (Intentionally Inflicted)
15-5:5 Emotional Distress (Negligently Inflicted)
15-5:6 Failure to Warn and Protect from a Violent Patient
15-5:7 False Arrest and Imprisonment
15-5:8 Loss of Consortium
15-5:9 Medical Malpractice
15-5:10 Negligence
15-5:11 Negligence—Condition of Premises
15-5:12 Negligent Performance of Undertaking to Render Services
15-5:13 Liability to Third Person for Negligent Performance of Undertaking
15-5:14 Ultrahazardous Activity
15-5:15 Products Liability
15-5:16 Negligent Design Defect
15-5:17 Adverse Events from Vaccines
15-5:18 Survival Action
15-5:19 Wrongful Death
15-5:20 Wrongful Birth
15-5:21 Wrongful Life
15-5:22 Automobile Accidents—Recovery of Damages Where Limited Tort Option is Applicable
15-5:23 Automobile Accidents—Uninsured and Underinsured Motorist Actions After Koken
15-5:24 Automobile Accidents—Motor Vehicle Financial Responsibility Law
15-5:25 Automobile Accidents—Distracted Driving
15-6 Personal Property Torts
15-6:1 Hotel Liability for Personalty Loss
15-6:2 Property Disparagement
15-6:3 Property Tortiously Damaged
15-6:4 Recovery of a Chattel (Replevin)
15-6:5 Repossessing/Reclamation of Goods
15-6:6 Trespass on Land
15-6:7 Trespass to Personal Property/Chattel
15-7 Status Torts
15-7:1 Aiding and Abetting the Commission of a Tort (Concerted Tortious Conduct)
15-7:2 Common Carrier Liability
15-7:3 Conspiracy
15-7:4 Indivisible Harm Caused by Separate Tortfeasors
15-7:5 Negligent Entrustment
15-7:6 Respondeat Superior
15-7:7 Vicarious Liability
15-7:8 Pennsylvania Whistleblower Law
15-8 Actions Against State, Local and Federal Governments
15-8:1 Actions Against the Federal Government
15-8:2 Actions Against the State and Local Municipalities

Chapter 16: Trust & Estate Causes of Action
16-1 Removal of Executor for Waste and Mismangement
16-2 Wrongful Action of Trustee
16-3 Action for Accounting from Trustee
16-4 Torts Committed by Trustee
16-5 Claim Against Trustee for Mismanagement of Trust Assets
16-6 Claim for Undue Influence
16-7 Claim for Undue Influence Based on Confidential Relationship
16-8 Removal of Executor for Antagonism to Beneficiaries
16-9 Removal of Executor for Self-Dealing Without Court Approval
16-10 Removal for Failure to File Account
16-11 Creditor Claim Against Estate
16-12 Executor Claim for Compensation
16-13 Gifts Causa Mortis
16-14 Gifts Inter Vivos

Chapter 17: Defenses
17-1 Absolute Privilege
17-2 Accord and Satisfaction
17-3 Acquiescence
17-4 Adverse Possession
17-5 Arbitration and Award
17-6 Assumption of the Risk
17-7 Champerty and Maintenance
17-8 Collateral Estoppel
17-9 Comparative Negligence
17-10 Conditional Privilege
17-11 Contributory Negligence
17-12 Discharge in Bankruptcy
17-13 Economic Loss Doctrine
17-14 Equitable Estoppel
17-15 Estoppel by Deed
17-16 Failure of Consideration
17-17 Fair Share Act (2011)
17-18 Gist of the Action Doctrine
17-19 Good Samaritan Immunity
17-20 Impossibility of Performance
17-21 In Pari Delicto
17-22 Justification
17-23 Laches
17-24 New Matter
17-25 Novation
17-26 Recoupment
17-27 Res Judicata
17-28 Statute of Frauds
17-29 Statute of Limitations
17-30 Statute of Repose
17-31 Release
17-32 Unclean Hands
17-33 Waiver
17-34 Federal Tort Claim Act Defenses
17-35 Sophisticated User/Purchaser
17-36 Learned Intermediary
17-37 Statutory Employer

Index to Causes of Action
Table of Statutes
Table of Cases