In a trial in a commercial breach of contract case between two chemical companies this month in the Luzerne County Court of Common Please, Timothy P. Polishan won a compulsory nonsuit for the defendant.
Continue reading ›Dismissal of a defamation suit won for a nonprofit defendant by Timothy P. Polishan in Pike County Court of Common Pleas.
Continue reading ›In a complex business dispute, Timothy P. Polishan won a Federal Arbitration Act (FAA) arbitration award and, after defeating the defendant’s federal court efforts to vacate the award, obtained payment-in-full of the award plus interest.
Continue reading ›When, prior to issuance of an arbitration award, a party knows—or has reason to know—prospective grounds for challenging the coming award but waits to object until after it loses the arbitration, a party can waive its right to challenge the award on those grounds. Goldman Sachs v. Athena, 803 F.3d 144 (3d Cir. 2015); E.g., Simons v. Brown,…
Continue reading ›Normally, arbitrators have no obligation to give reasons for an award. United Steelworkers of Am. v. Enter. Wheel & Car Corp., 363 U.S. 593 (1960). As the Fourth Circuit, in MCI Constructors v. Greensboro, 610 F.3d 849, 862–63 (4th Cir. 2010), has noted: “It is well settled that arbitrators are not required to disclose the basis upon…
Continue reading ›The Third Circuit has held that the “deference given to arbitration awards is almost unparalleled.” Verizon v. Commc’ns Workers, 13 F.4th 300, 303 (3d Cir. 2021). There is a “strong presumption” in favor of enforcing arbitration awards, to preserve finality. Mut. Fire, Marine v. Norad Reins, 868 F.2d 52, 56 (3d Cir. 1989). Vacatur is appropriate in “exceedingly…
Continue reading ›In a Lackawanna County Court of Common Pleas criminal proceeding this month, one of our firm’s trial lawyers, David J. Solfanelli, won both an in limine motion and a not guilty decision, on charges of Driving Under the Influence of Alcohol (DUI), 75 P.S. section 3802(a)(1) and Driving with a Suspended / Revoked License, 75 P.S. section…
Continue reading ›One of our firm’s lawyers, David J. Solfanelli. won a defense jury verdict for his client in federal court this month. (United States District Court for the Middle District of Pennsylvania – No. 3:18-cv-02289-JFS). Claims included Title VII, PHRA, and First Amendment claims. Practice area(s): Civil Law, Civil Litigation, Constitutional Law, Employment / Labor, Litigation Case…
Continue reading ›About 5 months ago, the Pennsylvania Supreme Court found a no-hire provision between competing businesses to be void and unenforceable, as a matter of public policy, in the case of Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC et al., 249 A.3d 918. The Supreme Court addressed whether contractual no-hire provisions, that are part of a…
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