Business, Civil Litigation Brocton Skeen Business, Civil Litigation Brocton Skeen

The Viral JPMorgan Employment Lawsuit: What Employers in Pennsylvania, West Virginia, and Ohio Can Learn

The viral JPMorgan employment lawsuit highlights critical risks involving workplace investigations, retaliation claims, and HR compliance. Learn what employers in Pennsylvania, Ohio, and West Virginia should know.

A high-profile employment lawsuit involving JPMorgan Chase has become one of the most discussed workplace disputes of 2026. The case centers on allegations made by former investment banker Chirayu Rana against JPMorgan and executive Lorna Hajdini involving claims of sexual harassment, discrimination, retaliation, and failures in workplace investigations. Both JPMorgan and Hajdini have denied the allegations, and the litigation remains ongoing.

While the facts remain disputed, the lawsuit highlights several employment law issues that businesses throughout Pennsylvania, West Virginia, and Ohio should understand, including workplace investigations, retaliation claims, documentation practices, and reputational risks associated with employment disputes.

What Is the JPMorgan Lawsuit About?

According to multiple reports, former JPMorgan employee Chirayu Rana alleged that he was subjected to sexual harassment, coercion, racial discrimination, and workplace retaliation while employed by the company. Rana claims he filed internal complaints before ultimately bringing suit in New York state court. People Magazine reported that a New York judge recently ruled Rana could not continue litigating anonymously and would be required to proceed under his real name.

The allegations quickly gained national attention because of their graphic nature and the involvement of a senior Wall Street executive. JPMorgan has publicly denied wrongdoing and has stated that an internal investigation found no evidence supporting the claims. The bank has also asserted that the plaintiff did not fully participate in portions of the investigative process. Additional reporting and court filings reflect JPMorgan’s continued denial of the allegations.

Reports also indicate that settlement discussions occurred before the lawsuit became public. According to Inc., JPMorgan allegedly offered approximately $1 million to resolve the dispute before litigation intensified, although the matter ultimately proceeded through the courts.

Why This Case Matters for Employers

Regardless of how the litigation ultimately resolves, the case illustrates how quickly an internal workplace complaint can evolve into a significant legal, financial, and reputational challenge.

For employers throughout Pennsylvania, West Virginia, and Ohio, several lessons stand out.

1. Internal Investigations Must Be Prompt and Thorough

One of the central issues in many employment lawsuits is whether an employer responded appropriately after receiving a complaint.

When allegations involve harassment, discrimination, retaliation, or hostile work environments, employers should promptly investigate, preserve evidence, interview relevant witnesses, and maintain clear documentation throughout the process.

Even where an employer ultimately concludes that allegations are unsubstantiated, the quality of the investigation itself may become a focal point during litigation. Courts, juries, and administrative agencies often examine whether the employer acted reasonably under the circumstances.

Businesses working with experienced Pennsylvania and West Virginia business attorney counsel can often identify investigation and compliance issues before they become litigation risks.

2. Retaliation Claims Frequently Create Greater Liability Than the Original Complaint

Federal and state employment laws generally prohibit employers from retaliating against employees who make good-faith complaints regarding workplace misconduct.

In many employment disputes, retaliation allegations become more difficult for employers to defend than the underlying discrimination or harassment claims. Employment actions taken after a complaint, such as discipline, termination, leave placement, changes in responsibilities, or access restrictions, often receive heightened scrutiny.

Notably, one of the most legally significant aspects of the JPMorgan lawsuit involves allegations that adverse employment actions followed workplace complaints.

Employers should ensure that any employment decisions made after a complaint are supported by legitimate, documented business reasons.

3. Documentation Matters

Employment litigation frequently becomes a contest between competing narratives.

Contemporaneous documentation, including emails, performance reviews, HR records, investigation notes, and policy acknowledgments, can significantly influence the outcome of a case.

The JPMorgan litigation demonstrates how internal complaints, investigative findings, witness statements, and communications can become central evidence once a dispute reaches court.

4. Public Relations Risks Are Now Part of Employment Litigation

Employment lawsuits no longer remain confined to courtrooms.

The JPMorgan case spread rapidly across social media, financial news outlets, podcasts, and online commentary. The widespread publicity surrounding the allegations created reputational concerns for all parties involved long before any findings were made by a judge or jury.

For businesses, this underscores a growing reality: employment disputes can generate significant reputational exposure before the underlying claims are ever resolved.

Companies should consider coordinating legal strategy and communications planning whenever high-profile workplace allegations emerge.

What Pennsylvania, West Virginia, and Ohio Employers Should Do Now

Businesses can reduce litigation risk by:

  • Maintaining updated anti-harassment and anti-discrimination policies.
  • Training supervisors and managers on complaint reporting obligations.
  • Promptly investigating workplace complaints.
  • Preserving evidence when allegations arise.
  • Avoiding actions that could be perceived as retaliatory.
  • Consulting counsel before taking disciplinary action involving a complaining employee.
  • Regularly reviewing workplace culture and reporting procedures.

Proactive compliance efforts are generally far less expensive than defending employment litigation.

For companies facing workplace investigations, employment disputes, partnership disputes, contract claims, or other business-related lawsuits, working with experienced Pennsylvania civil litigation attorneys can help protect both business operations and long-term reputation.

If your business is facing workplace investigations, employment litigation, partnership disputes, contract claims, or other commercial conflicts, Contact The Skeen Firm to discuss your legal options.

Sources

*Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Results and fee structures vary by matter and are subject to a written agreement.

Read More
Civil Litigation, Business Brocton Skeen Civil Litigation, Business Brocton Skeen

Why Most Civil RICO Cases Fail: Lessons for Pennsylvania Business Owners

Civil RICO is powerful, but it is not a shortcut for every business dispute involving fraud or unfair conduct. Learn why courts often dismiss RICO claims and what business owners should know before pursuing or defending one.

Business owners involved in high-stakes disputes often hear threats of a “RICO lawsuit.” Because the Racketeer Influenced and Corrupt Organizations Act, commonly known as RICO, allows successful plaintiffs to recover treble damages and attorney fees, litigants sometimes add RICO claims to ordinary business disputes in hopes of increasing leverage.

However, courts routinely dismiss civil RICO claims because the legal requirements are far more demanding than many plaintiffs realize.

A recent federal case arising from a real estate development dispute illustrates just how difficult it can be to transform allegations of unfair conduct into a viable civil RICO claim.

What Is a Civil RICO Claim?

Civil RICO is a federal law designed to combat organized criminal enterprises, but it also permits private individuals and businesses to pursue claims when they have been harmed by a pattern of racketeering activity.

To prevail, a plaintiff generally must prove:

  • The existence of an enterprise;
  • The defendant’s participation in that enterprise;
  • A pattern of racketeering activity;
  • At least two qualifying predicate acts; and
  • A direct injury to the plaintiff’s business or property caused by the racketeering conduct.

While these elements may sound straightforward, courts apply them rigorously.

The Saratoga Springs Development Dispute

In a recent federal case, a property owner alleged that local officials and a private developer worked together to suppress property values and interfere with development opportunities. The plaintiff attempted to characterize the alleged conduct as a RICO enterprise involving coordinated efforts to harm the property’s value.

The federal court dismissed the RICO claims, finding that the allegations failed to satisfy the stringent requirements necessary to establish racketeering activity and a qualifying enterprise. The plaintiff has since sought reconsideration of that decision.

Regardless of the ultimate outcome, the case demonstrates a recurring theme in civil litigation: allegations of unfair treatment, improper motives, or even misconduct do not automatically create a RICO claim.

Why Courts Frequently Dismiss Civil RICO Claims

1. Ordinary Business Disputes Are Not Racketeering

One of the most common mistakes plaintiffs make is attempting to convert a business disagreement into a RICO case.

Disputes involving breach of contract, failed business partnerships, corporate governance conflicts, real estate disagreements, or competitive business conduct typically do not qualify as racketeering activity unless they involve specific criminal predicate acts recognized under the statute.

Courts routinely reject efforts to use RICO as a substitute for traditional business tort or contract claims.

2. Fraud Must Be Pleaded With Particularity

Many civil RICO claims rely on allegations of mail fraud or wire fraud as predicate acts.

Federal courts require fraud allegations to be pleaded with exceptional specificity. Plaintiffs must often identify who made the alleged misrepresentation, what was said, when it occurred, how it was communicated, and why it was fraudulent.

General accusations of dishonesty or deception are usually insufficient.

3. Proving a “Pattern” Is Difficult

A plaintiff cannot simply identify two questionable acts and establish a RICO claim.

Courts look for evidence of ongoing criminal conduct or a threat of continued criminal activity. A single dispute involving a single transaction often fails to satisfy the continuity requirement necessary to establish a pattern of racketeering activity.

4. The Enterprise Requirement Creates Additional Hurdles

Many plaintiffs struggle to establish the existence of a distinct enterprise.

The law generally requires more than simply identifying multiple parties who allegedly worked together. Plaintiffs must show a structured organization with a common purpose separate from the alleged misconduct itself.

This element often becomes a major battleground in business litigation.

5. Causation Requirements Are Strict

Even if racketeering activity can be established, a plaintiff must prove that the conduct directly caused injury to business or property.

Indirect harms, speculative damages, or attenuated connections between the alleged misconduct and the claimed loss frequently lead to dismissal.

When Civil RICO May Be Appropriate

Although many civil RICO claims fail, some business disputes legitimately involve conduct that may support a RICO action.

Examples can include:

  • Long-running investment fraud schemes;
  • Complex embezzlement operations;
  • Fraudulent billing schemes;
  • Organized asset diversion efforts;
  • Multi-party fraud enterprises; and
  • Repeated wire or mail fraud affecting multiple victims.

The key distinction is that successful RICO claims typically involve more than a single business disagreement. They often reflect a broader pattern of coordinated misconduct occurring over time.

What Pennsylvania Business Owners Should Know

When evaluating a potential lawsuit, business owners should be cautious about both asserting and defending against RICO claims.

For plaintiffs, asserting a weak RICO claim can increase litigation costs and expose the claim to early dismissal. For defendants, the presence of a RICO count can significantly raise the stakes because of the possibility of treble damages and attorney fees.

An experienced litigator can help determine whether a dispute is truly a racketeering case or whether more traditional claims such as fraud, breach of fiduciary duty, tortious interference, or breach of contract provide the stronger path forward.

Conclusion

Civil RICO remains one of the most powerful tools in federal litigation, but it is also one of the most difficult claims to prove. Courts consistently reject attempts to transform ordinary business disputes into racketeering cases.

Understanding the distinction between legitimate RICO claims and conventional commercial litigation can help businesses make informed decisions when disputes arise and avoid costly legal missteps.

Contact The Skeen Firm if your business is facing allegations of fraud, fiduciary misconduct, partnership disputes, or complex commercial litigation. Our experienced Pennsylvania civil litigation attorneys help businesses evaluate claims, protect their interests, and pursue effective legal solutions.

*Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Results and fee structures vary by matter and are subject to a written agreement.

Read More
Civil Litigation Brocton Skeen Civil Litigation Brocton Skeen

What to Expect When Litigating in West Virginia

Litigation can feel overwhelming — especially if it’s your first time facing a lawsuit in West Virginia. Whether you are a business owner, an individual, or part of a family dispute, understanding the process can make the experience less stressful.

Litigation can feel overwhelming - especially if it’s your first time facing a lawsuit in West Virginia. Whether you are a business owner, an individual, or part of a family dispute, understanding the process can make the experience less stressful. At The Skeen Firm, we help clients throughout Northern West Virginia and nearby areas navigate each step with confidence.

 

Step 1: The Lawsuit Begins

A lawsuit starts when someone files a complaint in court. In West Virginia, the complaint explains the legal claims and what the person filing (the plaintiff) wants. If you are the defendant, you’ll be served with the complaint and given a short deadline - usually 20 days - to respond.

Your attorney will review the complaint, explain the claims, and file an answer or other legal response. Missing this deadline can hurt your case, so it’s important to act quickly.

 

Step 2: The Discovery Process

 

After the initial filings, both sides enter discovery. This is the exchange of evidence and information. Discovery tools can include:

Interrogatories - written questions you must answer under oath

Requests for documents - to gather contracts, emails, records, or other evidence

Depositions - in-person or virtual questioning under oath, recorded by a court reporter

 This stage is often the most time-consuming, but it’s where much of the case is built.

 

Step 3: Motions and Hearings

 

During the case, either side may file motions asking the judge to decide certain issues. Common examples include:

Motions to limine

Motions for summary judgment (asking the court to decide without a trial)

 

In West Virginia, these motions are often argued in short hearings before the judge.

 

Step 4: Settlement Negotiations

 

Most lawsuits in West Virginia end with a settlement before trial. This can happen at any stage - even the day before trial. Settlement talks may take place informally between attorneys or through mediation, where a neutral third party helps the sides reach an agreement.

 

Step 5: Trial

 

If your case does not settle, it will go to trial. Trials can be decided by:

 A judge (bench trial)

A jury (jury trial)

 During trial, both sides present witnesses, documents, and arguments. After hearing the evidence, the judge or jury issues a verdict.

 Step 6: Appeals

 

If you disagree with the outcome, you may be able to appeal to the Supreme Court of Appeals of West Virginia. Appeals have strict deadlines and focus on whether legal errors affected the case outcome.

________________________________________

Tips for Litigating in West Virginia

 Act quickly when served with court papers.

Keep organized records of all documents and communications.

Follow court deadlines - missing one can damage your case.

Work closely with your attorney - clear communication is key.

 

Need Help with Litigation in West Virginia?

 

Whether you’re dealing with a business dispute, contract claim, or family law matter, The Skeen Firm helps clients throughout Monongalia County, Marion County, Harrison County, and surrounding areas protect their rights in court.

 

Contact us today to schedule a discovery call and learn how we can help you navigate litigation from start to finish.

*Disclaimer: The advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

Read More
Civil Litigation Brian P. McLaughlin Civil Litigation Brian P. McLaughlin

Reasons to Sue | Common Types of Civil Litigation Cases in Pennsylvania, and What They’re Worth

It is no secret that America is a litigious country. People want to sue someone over everything and anything thinking that going to court for a stubbed toe could be their “golden ticket”. This is caused or made worse by social media and the news, repeatedly showing multi-million-dollar settlements for what appear to be minor injuries or inconveniences.

It is no secret that America is a litigious country. People want to sue someone over everything and anything thinking that going to court for a stubbed toe could be their “golden ticket”. This is caused or made worse by social media and the news, repeatedly showing multi-million-dollar settlements for what appear to be minor injuries or inconveniences. Often there is much more going on in such cases which leads to confusion for the average would-be litigant. This article is to help potential litigants understand the most common reasons people sue, and what outcome you should be prepared for.

1. Personal Injury Claims


If you’ve been injured due to someone else’s negligence—such as in a car accident, slip and fall, or medical malpractice—you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

These claims can be big-dollar, but usually only if there is severe and prolonged pain and suffering, and/or if the injured person will require care and/or cannot work for the rest of their lives. Thus, it is rare to get massive, multimillion dollar settlements from a slip and fall, car crash, or medical malpractice injuries when the injured person makes a full recovery over a few weeks. Settlements can still be large, but potential clients should be cognizant of the realities of how damages work in injury cases.

2. Contract Disputes


Business and personal contracts outline obligations between parties. Breaches occur when one party fails to fulfill agreed-upon terms, leading to financial losses or other damages. Common disputes involve real estate transactions, service agreements, and business partnerships.

Because the goal of contract disputes is to put the non-breaching party in the position he/she was in before the contract was breached, settlements are usually not lucrative, but corrective. Sometimes there can be large settlements due to interest, or for example “consequential damages” that accrue after the breach.

Here’s a little law lesson to explain consequential damages: Say a car factory contracts with a car dealership to sell cars at wholesale. The dealership expects to profit of the cars, but the factory fails to deliver the cars. The dealership loses out on $1,000,000 in profit. That million bucks of lost profit are consequential damages.

There are other ways to recover from a breached contract that won’t be explained here. You’ll have to contact an attorney at The Skeen Firm to figure out what your contact case may be worth.

 

3. Property Disputes


Conflicts over property ownership, boundaries, zoning issues, or landlord-tenant disagreements often require legal resolution. These cases can involve title disputes, easements, or wrongful evictions.

For some, property is just a way of making money. For others, families can be tied to a piece of land. Thus, litigating against property disputes can be a money dump, but it can be well worth the price from someone trying to take what you own.

4. Employment Litigation


Employees and employers may face disputes over wrongful termination, discrimination, wage and hour violations, or workplace harassment. Pennsylvania employment laws protect workers’ rights while ensuring businesses operate within legal guidelines.

Employment cases can be lucrative if there are some egregious occurrences within a workplace. If the facts are bad enough for the employer, they may settle. Sometimes the claims brought have damage caps, and employers know it; this can limit recovery. Usually, clients come into the office wanting to sue for the right reasons, to hold the company accountable for legitimate wrongs. However, there are some that flock to all the law offices in the area because they had a minor inconvenience at work, thinking they will be able to retire if they sue. This is often not the case.

5. Business Litigation


Businesses may encounter lawsuits related to partnership disagreements, intellectual property disputes, fraud claims, or contract breaches. Proper legal representation helps protect business interests and resolve conflicts efficiently.

It is hard to say what to expect from business litigation. Sometimes big settlements can come if an individual engages in fraud, steals assets or engages in other forms of “breaches of fiduciary duties”. Contact one of our attorneys to find out more.

6. Defamation (Libel & Slander)


If false statements harm your reputation, you may have grounds for a defamation lawsuit. Pennsylvania law requires proving that the statement was false, damaging, and made with negligence or malice depending on if you are a private citizen or public figure.

Because someone’s life can be ruined by false statements, defamation claims can be massive. Surely anyone reading this currently has a news headline in mind.

Seeking Legal Help


If you think you have a civil litigation case, it’s important to seek legal counsel. An experienced attorney can assess your case, guide you through the legal process, and advocate for a favorable outcome. Evidenced by this article, attorneys at The Skeen Firm, PLLC will be honest, upfront, and thorough with your case’s evaluation and expected outcomes.

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

Read More
Civil Litigation Brian P. McLaughlin Civil Litigation Brian P. McLaughlin

Can the Other Side Hide Evidence in a Lawsuit? A Primer for Clients

Under Pa. R.C.P. No. 4003.1, each party must disclose information relevant to the case. That includes emails, contracts, photos, and more. They are not allowed to hide documents or selectively respond

It’s a common concern: what if the other side hides documents, lies under oath, or “forgets” key facts during a lawsuit? Pennsylvania courts take this seriously, and there are rules to protect against it.

 

1. Discovery Rules and Duties

 

Under Pa. R.C.P. No. 4003.1, each party must disclose information relevant to the case. That includes emails, contracts, photos, and more. They are not allowed to hide documents or selectively respond. Your lawyer may send a preservation demand notifying your opponent of their duties to preserve evidence. Even if one is not sent, the rules of civil procedure still impose basic duties on litigants.

 

2. Depositions and Testimony

 

In depositions (Pa. R.C.P. No. 4007.1), witnesses testify under oath. If someone lies, they may be charged with perjury under 18 Pa.C.S. § 4902. If it is evident that a deponent is lying or not being forthcoming at a deposition, your attorney may admonish the witness, citing perjury or other rules to get the witness to comply. Each side is entitled to full and complete answers to their questions in a deposition.

 

3. Enforcement Tools and Consequences of Misconduct

 

If the other party fails to respond to discovery or appears to be hiding something, your attorney can file a motion to compel (Pa. R.C.P. No. 4019). Courts may order the documents to be turned over or order other lackluster responses—and can sanction violators. Courts can enter default judgments or bar evidence if misconduct is proven.

 

4. Don’t Wait to Act

 

If you believe the other side is withholding evidence, tell your lawyer immediately. The earlier it’s addressed, the more likely the court can fix it.

 

Summary

 

Most people comply with discovery, but when they don’t, Pennsylvania law gives you tools to fight back. You don’t have to tolerate dishonesty in litigation. If you are sure or reasonably certain your opponent is engaging in dishonest behavior, let your attorney know and he/she will hold the guilty party accountable.

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

Read More
Civil Litigation Brian P. McLaughlin Civil Litigation Brian P. McLaughlin

What To Expect When Suing Or Being Sued – A Litigation Guide For Clients

For many, litigation can be the most stressful things you ever do, whether you're the one filing a lawsuit or the one being sued. Lawyers who live and breathe litigation may forget this, leading to failure to properly prepare a client for the battle ahead. Understanding the process can help you prepare and make informed decisions. Here’s a basic, step-by-step guide to what you can expect.

For many, litigation can be the most stressful things you ever do, whether you're the one filing a lawsuit or the one being sued. Lawyers who live and breathe litigation may forget this, leading to failure to properly prepare a client for the battle ahead. Understanding the process can help you prepare and make informed decisions. Here’s a basic, step-by-step guide to what you can expect.

Step 1: The Complaint and Response

The Initial Filing

The lawsuit begins when the plaintiff (the party initiating the lawsuit) files either (1) a Writ; or (2) a complaint. The difference between the two is a Writ simply preserves all of plaintiff’s claims in perpetuity and there is no action required by the defendant. The Complaint outlines the legal claims, and the defendant must respond by a certain deadline, usually between 30-60 days, or face a default judgment (meaning the defendant loses).

If you are a plaintiff, be prepared to quickly retrieve and give any necessary information to your attorney for the complaint. Your attorney will send you a draft complaint that will need to be verified (in state court only), meaning you must review the complaint for factual accuracy and sign a verification stating that everything in the complaint is true. NOTE: The complaint is not a document for saying everything you want to say in the lawsuit. Your attorney has carefully crafted the complaint to include the material and legally operative facts. Unless some major fact is missing, only check the Complaint for factual inaccuracies. After you verify the complaint, your attorney will file and have it served to defendant(s) according to the rules of the relevant court.

Defendant’s Response

The defendant can either file an answer, admitting or denying allegations, or a motion to dismiss (or “preliminary objections” in Pennsylvania state court) if they believe the complaint, or any part of the complaint has any deficiencies. These filings are very common in both federal and state court, even with the best plaintiff’s attorneys. They can be used to fight legitimately deficient cases and theories but are often used for leverage or to get concessions for the other side before litigation continues. The adjudication of motions to dismiss or preliminary objections requires multiple pleadings including legal briefs and memoranda, each of which has response deadlines of a few weeks, and the parties will file these documents back and forth. This can sometimes take months.

Then, when the relevant documents are filed, an argument date will usually be set, which can be weeks or months in state court. If you are litigating in federal court, it can be many months before a judge rules on the issue. Therefore, an attorney may suggest filing an amended complaint which resets the filing deadline for defendant’s answer. If the defendant’s attorney still believes there is an issue with the complaint, defendant can file another motion to dismiss or preliminary objections, and the long cycle continues.

If the defendant cannot file motion to dismiss or preliminary objections, defendant will have to file an answer, and if applicable, counterclaims against the plaintiff. In state and federal court, answers constitute monotonous, very procedural responses with some facts mixed in, as well as potential legal defenses to the claims. The plaintiff must also file an answer to any counterclaims. In state court, an answer to a complaint and any counterclaims must also include a signed verification, so be prepared to do so.

Step 2: Discovery Phase

The pleading stage is often confusing to clients, which is why so much care was taken in explaining it, above. After all pleadings are filed, clients will experience something even laypersons may be familiar with: discovery. In discovery, both sides exchange evidence and information through depositions, interrogatories (written questions), and written document requests. This phase can take many months and is critical in building a case or negotiating a settlement.

Written Discovery

For the written requests, litigants typically have thirty days to respond. You must fully and completely respond to all questions; however your attorney will make legal objections to some questions, making your task easier. Written discovery is often the most time-consuming litigation task for clients and attorneys alike, but this task is complicated by clients who do not take written discovery as seriously as they should. The discovery requests you receive are an urgent and serious matter. Failure to timely and fully respond will result in court-imposed sanctions against you. Ideally, you should have anything related to the case already prepared before you even consider beginning litigation. Either way, it is imperative that you retrieve all documents, fully answer all questions, and sign any papers your attorney gives you as quickly as possible.

Depositions

You should also expect to be deposed. Depositions are conducted in a lawyer’s office (and recently often over Zoom) with lawyers for the parties present. A court reporter will also be there recording everything that is said stenographically. Your attorney will prepare you for the deposition. Typically, first-time litigants are very nervous before their deposition, but if you stick to what is discussed during your preparation, at the end you will (hopefully) tell yourself it was not so bad after all.

Step 3: Pre-Trial Motions and Hearings

Attorneys may file motions to exclude evidence, dismiss parts of the case, or request summary judgment (a “win” on an issue/claim) if there is no dispute over key facts. Final settlement discussions intensify at this stage, and often a mediation is held. During mediation, the parties will appear at another, independent lawyer’s (the mediator) office and sit in different rooms. Each side will explain their case to the mediator and propose a settlement offer. The mediator will bounce back and forth between the rooms trying to find a number that works for all parties. If the mediation fails, you should expect to go to trial.

Step 4: Trial

If no settlement is reached, the case goes to trial, where each side presents arguments, evidence, and witness testimony. A judge or jury then decides the outcome. Before this, your attorney will file a pre-trial statement, send/file necessary documents to get witnesses to show up and the necessary evidence presented at trial. Whether you are a plaintiff or defendant, you should know that juries are very unpredictable. A verdict could ruin your life. The best plaintiff’s cases with the best possible evidence and experts have resulted in a $0.00 verdict, and borderline frivolous cases have destroyed defendants with multi-million-dollar verdicts. For this reason, less than 10% of cases go to trial. Carefully listen to your attorney when negotiating or mediating. You have the final say with settlement, but once the verdict comes in, barring appeals (not always possible) your fate is sealed.

Conclusion

 

Litigation can be scary, but knowing the basics of the process, and therefore what to expect, can reduce stress and even create better attorney/client relationships. It is important to carefully listen to instructions and consider all options provided by your attorney at all stages of litigation. If you think you have a case, contact The Skeen Firm at 724-249-2439.

*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice.  It should not be relied on, nor construed as creating an attorney-client relationship.

Read More
Civil Litigation Brian P. McLaughlin Civil Litigation Brian P. McLaughlin

State vs. Federal Court: Where Will Your Civil Case Be Heard in Pennsylvania?

When facing a civil lawsuit in Pennsylvania, one of the first questions that arise is whether your case will, or can, be heard in state or federal court. The court where your case is filed can significantly impact the legal process, available remedies, and procedural rules. Here’s what you need to know about how courts are determined and why your case may be in one system or the other.

When facing a civil lawsuit in Pennsylvania, one of the first questions that arise is whether your case will, or can, be heard in state or federal court. The court where your case is filed can significantly impact the legal process, available remedies, and procedural rules. Here’s what you need to know about how courts are determined and why your case may be in one system or the other.

State Court Jurisdiction: The Default for Most Civil Cases

Pennsylvania’s state courts handle the vast majority of civil litigation cases, including:

  • Personal injury lawsuits (e.g., car accidents, slip and falls)

  • Contract disputes (e.g., business disagreements, breach of contract)

  • Property disputes (e.g., landlord-tenant issues, zoning conflicts)

  • Family law matters (e.g., divorce, child custody)

  • Employment disputes under Pennsylvania law

Most civil lawsuits are filed in Pennsylvania Court of Common Pleas, which serves as the trial court for cases involving significant financial stakes. Smaller claims (under $12,000) may be handled in Magisterial District Courts, while appeals and more complex legal matters go to Superior or Commonwealth Court and, ultimately, the Pennsylvania Supreme Court if necessary. As explained below, even if your case is one of the types listed above, you may still find yourself in federal court whether you’d prefer it or not.

When a Case Goes to Federal Court – Courts of Limited Jurisdiction

Federal courts in Pennsylvania have limited jurisdiction, meaning a case can only be heard there if it meets specific criteria. The two primary reasons a civil case may be in U.S. District Court instead of state court are:

  1. Federal Question Jurisdiction – If the lawsuit involves a question of federal law, the case belongs in federal court. Examples include:

    • Civil rights violations

    • Bankruptcy proceedings

    • Patent, trademark, or copyright disputes

    • Cases involving federal agencies

    • Any federal statutes

  2. Diversity Jurisdiction – If the case involves parties from different states and the amount in controversy (the amount the plaintiff is asking for) exceeds $75,000, it can be heard in federal court. For example:

    • A Pennsylvania resident sues a Delaware-based company for $80,000 in damages for injuries from a slip and fall in Pennsylvania.

    • A Pennsylvania man sues both a Florida man and a Georgia man for breach of a single alligator and peach contract. The non-breaching party is not a citizen of the state of either defendant and the damages exceed the $75,000 threshold.

Can a Case Be Moved Between Courts?

Yes, in some instances, a case filed in state court can be removed to federal court if it meets federal jurisdiction requirements. Conversely, if a federal court lacks jurisdiction, it may remand the case back to state court.

Removal example: If the Pennsylvania man sues the Florida and Georgia men in Pennsylvania state court and asked for more than $75,000, the Florida and Georgia men could force the case into federal court.

Remand example: If the slip and fall Pennsylvania resident sues the Delaware company in federal court and asked for $70,000, the Delaware company could remand the case to the relevant Pennsylvania county court.

Which Court Is Better for Your Case?

Each court system has advantages and disadvantages:

  • State courts may move faster (county specific) for certain types of cases and may have more flexible procedures.

  • Federal courts have stricter rules but may provide a more neutral forum (and juries) for cases involving out-of-state parties.

Choosing the right court can impact your case strategy. An experienced attorney can help you determine the best approach based on the specific facts of your case.

If you have questions about whether your case should be filed in state or federal court, contact The Skeen Firm at 724-249-2439 for a free case evaluation.

Read More