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

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.

Breach of Contract Disputes: Protecting Small Businesses in PA, WV & OH

Breach of Contract Disputes: How to Protect Your Business When Agreements Break Down

Contracts are the backbone of business. But when someone stops paying, stops performing, or walks away from an agreement, that contract becomes more than paperwork — it becomes leverage.

Breach of contract disputes are the most common form of business litigation. For many established small businesses, an unpaid invoice or broken vendor relationship isn’t just annoying — it can disrupt operations, drain time, and create real cash-flow pressure.

If you operate in Pennsylvania, West Virginia, or Ohio, here’s what you should know about contract disputes, when litigation makes sense, and how to protect your position early.

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What Actually Counts as a Breach of Contract?

A breach of contract generally requires:

1. A valid agreement
2. Your business performed (or was ready to perform)
3. The other party failed to perform
4. Your business suffered damages

Where contract disputes get messy is in the details. Many cases come down to unclear terms, incomplete scope descriptions, change orders, or “we agreed over the phone” situations that aren’t fully documented.

Common Contract Disputes We See

• A client refuses to pay after services were delivered
• A vendor fails to deliver materials on time (or at all)
• A contractor abandons a project midstream
• A business partner violates an operating agreement
• A party disputes the scope, timeline, or pricing after work begins

Many owners wait too long to address the issue — hoping the relationship can be saved or the payment will eventually come in. Sometimes it does. Often it doesn’t.

Why Waiting Can Hurt Your Case

Delay weakens leverage. The longer you wait, the more likely it becomes that:

• Evidence gets harder to collect (emails, texts, invoices, delivery confirmations)
• Decision-makers change roles or leave the company
• The other side becomes comfortable not paying
• Assets move or cash disappears

In many situations, a well-written demand letter or early legal strategy can resolve matters before they explode into full litigation — but timing matters.

Litigation in PA, WV & OH: What to Expect

Each state has its own court procedures and practical realities. Filing location, venue clauses, and contract language can dramatically affect the pace and leverage in a case.

• Pennsylvania: Contract terms and documentation matter. Venue and choice-of-law provisions can shape the case from day one.
• Ohio: Many courts handle business disputes efficiently when filings are clean and contract terms are strong.
• West Virginia: Strategy around filing and early case posture can be especially important for leverage.

When Litigation Makes Sense (And When It Doesn’t)

Not every dispute belongs in court. Litigation tends to make sense when:

• The amount at stake is significant
• The breach is ongoing or escalating
• Your contract is strong and enforceable
• The other party has the ability to pay (collectability matters)
• Informal resolution attempts have failed

Sometimes arbitration is required. Sometimes negotiated resolution is best. The key is having a strategy built around leverage and real-world outcomes — not just principle.

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How The Skeen Firm Structures Contract Litigation

We understand that contract enforcement should not cost more than the dispute itself.

In qualifying matters, The Skeen Firm may offer:

• Contingency-based options (fees tied to recovery)
• Hybrid models (reduced hourly + success component)
• Structured budgets tied to defined litigation stages

If we believe in the strength and collectability of your claim, we’re willing to align our compensation with results. That keeps the focus where it belongs: protecting your business and pursuing a practical outcome.

Ready to Talk Strategy?

If someone owes your business money or violated an agreement, silence is not a strategy. A short conversation can clarify your options and preserve leverage.

Schedule a discovery call with The Skeen Firm to evaluate enforceability, collectability, and the smartest path forward in PA, WV, or OH.

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.

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.

Success-Based Legal Fees in Pennsylvania: What Business Owners Should Know

Success-Based Legal Fees in Pennsylvania: What Business Owners Should Know

Legal fees are one of the biggest reasons Pennsylvania business owners hesitate to pursue a legitimate claim or defend a serious dispute. Traditional hourly billing can feel unpredictable — and uncertainty makes it hard to plan.

In certain cases, success-based legal fees may offer an alternative by aligning some or all fees with the outcome of the matter rather than the hours spent.

What “Success-Based” Can Mean

Success-based fees can take different forms depending on the case. Some arrangements may include a contingency-style structure, while others may use a hybrid approach that blends a lower base fee with a success component.

Why Pennsylvania Clients Ask About This Model

Clients often explore success-based fees because they want:

• More predictable cost structure
• Reduced upfront financial pressure
• Alignment between the legal strategy and the business outcome
• A plan that prioritizes efficiency and results

When Success-Based Fees May Be an Option

These arrangements are most commonly considered when the case has a measurable objective and the risks and potential value can be reasonably evaluated early.

Important: Not Every Case Qualifies

Success-based fee arrangements are not available for every legal matter. Eligibility depends on the facts, goals, and professional rules governing fee agreements. A careful upfront evaluation is essential.

Related Resource

👉 Success-Based Fees for Litigation

Talk With a Pennsylvania Attorney About Your Options

If you’re considering a business dispute or civil claim in Pennsylvania and want clarity on potential fee structures, The Skeen Firm can review your situation and discuss what options may be available.

Get Started toda!: Schedule a confidential case evaluation.

*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.

Success-Based Legal Fees: A Smarter, Outcome-Focused Option for Business Owners and Litigants

Success-Based Legal Fees: A Smarter, Outcome-Focused Option for Business Owners and Litigants

For many people, the biggest hesitation about hiring a lawyer isn’t the legal issue itself — it’s the cost.

Traditional hourly billing can feel unpredictable. Invoices arrive monthly, hours accumulate quickly, and clients are often left wondering whether the outcome will justify the expense. This uncertainty causes many business owners and individuals to delay or completely avoid pursuing valid legal claims.

That’s where success-based legal fees come in.

In certain cases, success-based fee arrangements offer an alternative approach — one that aligns legal costs more closely with results. For clients in Pennsylvania, West Virginia, and Ohio, this model can provide clarity, shared risk, and confidence that their attorney is fully invested in the outcome.

What Are Success-Based Legal Fees?

Success-based legal fees are fee arrangements in which some or all of an attorney’s compensation is tied to the outcome of the case, rather than strictly to the number of hours worked.

Instead of paying solely for time, clients and attorneys agree upfront on a structure that connects fees to results. These arrangements can take different forms depending on the case, including:

• Contingency fees, where payment depends on recovery
• Hybrid arrangements, combining a reduced hourly rate with a success component
• Fixed base fees with performance incentives

The exact structure varies, but the core idea remains the same: alignment.

Why Traditional Hourly Billing Often Frustrates Clients

Hourly billing has been the default model for decades, but it isn’t always client-friendly — especially in litigation.

Common concerns include:

• Difficulty predicting total legal costs
• Feeling disconnected from how time translates into results
• Hesitation to pursue valid claims due to financial risk
• Fear that inefficiency increases fees

While hourly billing still makes sense in some matters, it doesn’t always reflect how clients think about value.

How Success-Based Fees Change the Dynamic

With success-based legal fees, the focus shifts from time spent to results achieved.

Billing Model	Primary Focus	Client Experience
Hourly	Time	Cost uncertainty
Flat Fee	Task	Limited flexibility
Success-Based	Outcome	Aligned incentives

When fees are tied to success, clients gain clearer expectations, attorneys have a direct stake in efficiency, and both sides share a common goal.

Why Clients Choose Success-Based Legal Fees

Clients who explore success-based arrangements often do so because they want:

• Predictability in legal costs
• Reduced upfront financial pressure
• Confidence their attorney is invested in the result
• Access to legal action they might otherwise avoid
• Strategic alignment, not just representation

For business owners, this model often feels less transactional and more focused on outcomes.

What Types of Cases May Be a Good Fit?

Success-based legal fees are not available for every matter. They are most commonly considered when:

• There is a clear financial recovery or measurable result
• Liability and damages can be evaluated early
• Risks and potential value can be reasonably assessed

Each case must be evaluated individually before any success-based structure is offered.

When Success-Based Fees May Not Be Appropriate

While appealing, success-based fees are not universal. They may not be suitable when outcomes are speculative, relief is non-monetary, or ethical rules limit certain arrangements.

A transparent conversation at the beginning of a case helps determine the best fee structure for your situation.

Ethics and Transparency in Success-Based Fee Arrangements

Attorney fee arrangements are governed by professional rules that vary by state. Any success-based or contingency-style agreement must be reasonable, clearly explained in writing, and structured to protect the client’s interests.

Why This Model Can Benefit Both Clients and Attorneys

When structured properly, success-based legal fees can encourage efficiency, reduce unnecessary work, and promote focused decision-making — because both client and attorney share the same objective.

Is a Success-Based Fee Right for Your Case?

Success-based legal fees aren’t about shortcuts or guarantees. They’re about alignment, clarity, and shared risk.

If you’re considering litigation or a business dispute in Pennsylvania, West Virginia, or Ohio, The Skeen Firm can evaluate whether a success-based fee arrangement may be appropriate for your situation.

Call to action: Schedule a confidential case evaluation today.

*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.

Looking Back & Moving Forward: The Skeen Firm’s 2025 Year in Review (and What’s Next in 2026)

Looking Back & Moving Forward: The Skeen Firm’s 2025 Year in Review (and What’s Next in 2026)

As 2025 comes to a close, we’re taking a moment to reflect on a year of growth, learning, and serving everyday Pennsylvanians and West Virginians with Everyday Legal Advice®—no legalese, no nonsense, just clear guidance when it matters most.

This year reaffirmed what we’ve believed from the start: people want straightforward legal help that respects their time, their goals, and their bottom line. Here’s a look at what we accomplished together—and what you can expect from us in 2026.

A Year of Practical, Everyday Legal Guidance

In 2025, our blog continued to focus on the legal issues people actually face in their lives and businesses.

We shared insights on family law, helping couples and individuals better understand topics like prenuptial agreements, separation, and planning ahead for major life changes.

For small business owners, we published guidance on issues like partnerships, contracts, and resolving disputes before they escalate. Entrepreneurs across Pennsylvania and West Virginia rely on clear legal foundations to grow confidently.

We also expanded our content around estate planning, breaking down common misconceptions and explaining why tools like wills and trusts aren’t just for the ultra-wealthy—they’re for anyone who wants peace of mind.

Each article is written with one goal in mind: to give you the information you need to make informed decisions before a legal issue becomes a legal crisis.

Civil Litigation: Protecting Your Rights When Disputes Arise

In 2025, we also continued to guide clients through civil litigation matters, helping individuals and businesses resolve disputes efficiently and strategically.

Whether involving contract disputes, business conflicts, or other civil claims, litigation can be overwhelming. Our focus is on helping clients understand their options, assess risk, and pursue outcomes that align with their long-term goals—inside or outside the courtroom.

By pairing practical legal advice with a clear strategy, we help clients move forward confidently when disputes can’t be avoided.

What 2025 Taught Us

This year brought valuable insight into what our clients and readers care about most.

Plain-English legal advice matters.

The content that resonated most was clear, practical, and focused on real outcomes—which is exactly what Everyday Legal Advice® stands for. Learn more about our approach on our About The Skeen Firm page.

Small business legal planning is a priority.

From startups to established companies, business owners are proactively seeking guidance to protect what they’ve built—especially when it comes to contracts, compliance, and disputes. See how we support entrepreneurs through Business Law.

Estate planning is happening earlier.

More families and professionals are recognizing that planning ahead isn’t about age—it’s about protecting loved ones and avoiding uncertainty. Learn more about Estate Planning at The Skeen Firm.

Looking Ahead to 2026

As we head into the new year, our focus remains the same: helping individuals, families, and business owners move forward with clarity and confidence.

• New legal guides for small business owners
• Practical resources for family law planning
• Step-by-step explanations of estate planning tools
• Continued insights into civil litigation and dispute resolution
• Ongoing updates on how legal changes impact everyday people in Pennsylvania and West Virginia

We’re also continuing to improve our website so it’s easier to find the information you need—whether you’re researching a legal issue or ready to schedule a consultation.

Thank You for Trusting The Skeen Firm

If you’ve read a blog post, shared an article, or reached out to us for guidance this year—thank you. It’s a privilege to serve our community and provide legal advice that’s practical, accessible, and honest.

We look forward to continuing that work in 2026.

If you’re planning for the year ahead and have legal questions, we’re here to help. Contact us to schedule a consultation: https://www.theskeenfirm.com/contact.

More Resources You May Find Helpful

• Pennsylvania Small Business Litigation: What Owners Should Know
• Common Areas of Dispute in Pennsylvania Estate Litigation
• Browse More Civil Litigation Insights

*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.

How Success-Based Legal Fees Help Business Owners Win Without Hourly Billing

Business litigation for Pennsylvania & West Virginia companies—flat fee to start, success fee only when you collect.

• How do success-based lawyer fees work for business litigation?
• Can a business lawyer take a case on contingency in Pennsylvania?
• What is a flat-fee plus success-fee law firm?

The problem with traditional legal billing

If you own or manage a business in Pennsylvania or West Virginia, you’ve likely faced a dispute—an unpaid invoice, a broken partnership, or a contract gone wrong. The first question is usually the same: “How much will this cost me to fight?”

Traditional hourly billing rarely provides a clear answer. You may pay thousands before seeing any result, and monthly invoices often grow faster than your confidence. That’s why The Skeen Firm offers a modern alternative: a success-based business litigation fee.

Our hybrid fee model, explained

1. Flat fee to start: A single upfront fee between $5,000 and $15,000 begins your case.
2. Discovery flat fee: If the matter reaches discovery, a fixed $10,000 covers that phase.
3. No trial fee: You never pay separately for trial.
4. Tiered success fee at resolution:
   • 25% of the first $250,000 recovered
   • 20% of the next $750,000 (up to $1,000,000 total)
   • 15% of any amount above $1,000,000
5. Credit for flat fees: Any flat fees you’ve paid are credited against the success fee.
6. Protection clause: If your recovery is less than or equal to your initial flat fee, the success fee is $0.

Why business owners prefer success-fee litigation

Predictable costs

You know your initial investment up front, so you can budget and preserve cash flow.

Shared incentives

Our firm only benefits when we achieve a recovery for you, keeping everyone focused on outcomes.

Strategic efficiency

Because compensation depends on results, we litigate with precision and prioritize what moves the needle.

Peace of mind

Clients tell us this model replaces billing anxiety with clarity and trust.

Who benefits most

• Contractors & construction firms in payment or performance disputes
• Shareholders & partners in ownership conflicts or dissolution
• Professional practices managing non-compete or departure issues
• Manufacturers & distributors enforcing agreements or protecting trade secrets
• Start-ups & entrepreneurs facing breach-of-contract or unfair competition claims

We serve companies across Pittsburgh, Harrisburg, Philadelphia, Morgantown, and Charleston.

Transparent results—calculated in real time

Use our interactive calculator to estimate total fees and your potential net recovery under this model:

Try the Business Litigation Success Fee Calculator →

FAQs

Can a business lawyer work on contingency?

Pure contingency is rare in commercial cases. Our hybrid model blends predictable flat fees with a performance-based success fee.

What if we don’t win or collect anything?

If there’s no recovery, you owe no success fee—only the agreed flat fees and any reimbursable costs outlined in your engagement.

Do I pay anything for trial?

No. Under this structure, you do not pay a separate trial fee.

Get started

If your company is facing a dispute, don’t wait. See how our success-based approach works and contact us for a free initial consultation.

The Skeen Firm — Business Litigation Attorneys for Pennsylvania & West Virginia.

*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.

West Virginia Small Business Litigation: Essential Steps for Companies

West Virginia Small Business Litigation: Essential Steps for Companies

Disputes in West Virginia—contract, employment, lease, or customer claims—can disrupt small businesses quickly. This overview highlights the WV litigation roadmap, risk controls, and attorney-selection tips for companies with up to $5,000,000 in revenue. For a stage-by-stage view, start with our firm’s resource: What to Expect When Suing or Being Sued – A Litigation Guide for Clients. Explore services via Business Law and Civil Litigation.

Why WV Small Businesses Are Vulnerable

• Lean teams and thin margins magnify legal spend and leadership distraction.
• Regulatory or licensing gaps can escalate into civil suits.
• Documentation issues during discovery can create avoidable risk.

The WV Litigation Flow

1. Complaint & Response: Deadlines are critical; missing them risks default. Bring counsel in immediately to assess defenses and counterclaims.
2. Discovery: Prepare to collect emails, contracts, and internal communications; implement a litigation hold to preserve evidence.
3. Motions, Mediation & Settlement: Use early case assessment to decide if resolution protects the business better than trial.
4. Trial: If you proceed, align staffing and operations to minimize disruption; evaluate reputational and financial impacts.

WV Small-Business Owner Checklist

• Compliance sweep: Confirm WV licenses/permits, employment practices, and consumer-protection alignment.
• Contract tune-up: Clear scopes, payment terms, dispute clauses, and data/security provisions.
• Risk budgeting: Set a realistic litigation budget and settlement threshold tied to business objectives.
• Counsel selection: Choose a WV-savvy small-business litigator who offers clear communication and pragmatism.

Choosing a West Virginia Business Litigation Attorney

• Venue familiarity: Experience with WV state/federal courts and local practice.
• Small-business alignment: Right-sized staffing and fee structures for companies under $5M.
• Integrated advice: Ability to coordinate litigation strategy with contracts, governance, and growth plans.

Explore how we combine proactive business counsel and dispute strategy on our Business Law page, and see how we navigate pleadings, discovery, ADR, and trial on our Civil Litigation page. For a fuller, step-by-step primer, review our Litigation Guide.

Facing Litiation? Call Today!

If your West Virginia small business is in a dispute or anticipates one, we can help. Contact The Skeen Firm’s litigation team or learn about growth-minded legal support on our Business Law page.

*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.

Pennsylvania Small Business Litigation: What Owners Should Know

Pennsylvania Small Business Litigation: What Owners Should Know

Running a small business in Pennsylvania and suddenly facing a lawsuit—or considering filing one—can be overwhelming. This guide highlights the key stages, risks, and practical steps for PA businesses with up to $5,000,000 in revenue. For deeper context, start with our firm’s resource: What to Expect When Suing or Being Sued – A Litigation Guide for Clients. Need help now? Explore our Business Law and Civil Litigation services.

Why PA Small Businesses Face Litigation Risk

• Disputes over contracts, employment, leases, and customer matters hit small teams harder.
• Even a defensible case can drain time, cash flow, and leadership focus.
• Compliance gaps (wage/hour, licensing, consumer protection) can trigger lawsuits.

The Litigation Stages (and PA-Specific Considerations)

1. Pleadings: A complaint is filed; defendants must respond on time (answer or preliminary objections) or risk default. Drafting/response quality matters.
2. Discovery: Exchange of documents, interrogatories, and depositions. Preserve emails, contracts, and internal messages early to avoid sanctions or gaps.
3. Motions & Settlement: Motions can narrow issues; mediation/settlement can cap risk and cost—often smart for businesses under $5M.
4. Trial: Fewer cases go to trial, but when they do, stakes are high. Plan for operational impacts and reputational considerations.

Action Plan for Pennsylvania Owners

• Preserve evidence now: Institute a litigation hold as soon as a dispute seems likely.
• Audit contracts & policies: Tighten terms, dispute-resolution clauses, and employment compliance.
• Budget realistically: Forecast legal spend and disruption; align legal strategy with business goals.
• Choose the right counsel: Select a PA-experienced small-business litigator who communicates clearly, offers practical settlement paths, and understands budgets.

How to Choose a Pennsylvania Business Litigation Attorney

• Proven PA venue experience: State/federal courts, local rules, and judge preferences.
• Small-business focus: Strategy and billing aligned to companies under $5M.
• Clarity & coordination: Regular updates, written roadmaps, and integration with your business operations.

Want a deeper dive on selection criteria, compliance traps, and common mistakes? See our related resources and practice pages: Business Law (contracts, governance, risk) and Civil Litigation (strategy, discovery, trial), and review our step-by-step overview: Litigation Guide.

Contact us Today!

If your Pennsylvania small business is suing or being sued, get strategic help today. Contact The Skeen Firm’s litigation team or learn how we support growth and risk management on our Business Law page.

*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.

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. 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.

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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.

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. 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.

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

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.

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.

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.

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.

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.