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Northeastern Pennsylvania’s economy is built on the back of family-owned enterprises and closely-held partnerships. From construction firms passed down through generations to medical practices built by lifelong friends, our business landscape is personal. But when these relationships fracture, the fallout is rarely just about a contract. It is an emotional and financial crisis that requires…

When a business owner or licensed professional in Northeastern Pennsylvania receives a federal subpoena or a high-stakes civil complaint, the instinct is often binary: either hire the family lawyer who handles their wills (the “Generalist”) or hire a massive firm from a major metro area (the “Outsider”). Both choices carry hidden risks. The Risk of…

Northeastern Pennsylvania (NEPA) has rapidly transformed into a critical logistics hub for the Eastern Seaboard. We see it every day: national developers and industrial investors rushing to acquire land for distribution centers, data complexes, and healthcare expansion. Understandably, sophisticated investors often bring their own counsel from large metro areas. Routinely, these firms are exceptionally qualified—but…

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.

Dismissal of a defamation suit won for a nonprofit defendant by Timothy P. Polishan in Pike County Court of Common Pleas.

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. 

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,…

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…

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…

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…