Casey B. Green Law Blog

The formation of a valid contract requires the mutual assent of the contracting parties. Essner v. Shoemaker,
393 Pa. 422, 425, 143 A.2d 364, 366 (1958) (citation omitted). Mutual
assent to a contract does not exist, however, when one of the
contracting parties elicits the assent of the other contracting party by
means of duress. Carrier v. William Penn Broadcasting Co., 426 Pa. 427, 431, 233 A.2d at 521 (1967). A... Read More

Title VII of the Civil Rights Act of 1964 “makes it
unlawful for an employer ‘to discriminate against any individual with
respect to his [or her] compensation, terms, conditions, or privileges
of employment, because of such individual's race, color, religion, sex,
or national origin.’ ” Kunin v. Sears Roebuck and Co., 175 F.3d 289, 293 (3d Cir.1999), citing
42 U.S.C. § 2000e-2(a)(1). The scope... Read More

In Thompson v. Nason Hospital, 527 Pa. 330, 591 A.2d 703 (1991), the Pennsylvania Supreme Court first held that a hospital can be held directly liable for corporate negligence.
The Court reasoned that the concept of corporate negligence should
apply to a hospital so that a hospital is liable if it fails to uphold
the proper standard of care owed the patient, “which is to ensure the
patient's safety and well-being while at the... Read More

In Pennsylvania, there is a presumption under Unemployment
Compensation Law (“Law”) that an individual receiving wages is an
employee and not an independent contractor engaged in self-employment. Electrolux Corporation v. Department of Labor and Industry, Bureau of Employer Tax Operations,
705 A.2d 1357, 1359–60 (Pa.Cmwlth.1998).  However, an employer can
overcome this presumption by establishing that a claimant is... Read More

Equitable estoppel is thought of as a shield, not a sword. 
It does not itself create a cause of action, but is used to prevent an
unjust result and to preserve rights that are already acquired.  As
defined by the courts in Pennsylvania, the doctrine of equitable
estoppel applies when one person, by his or her acts, representations,
or admissions or by his or her silence when he or she ought to speak
out, intentionally or... Read More

The Pennsylvania Commissioned Sales Representative Act (“PCSRA”)
provides that a “principal shall pay a sales representative all
commissions due at the time of termination within 14 days after
termination” and “all commissions that become due after termination
within 14 days of the date such commissions become due.” 43 Pa. Stat. §§
1473–74.  If a principal “willfully”... Read More

Copyright law provides copyright owners several exclusive rights, including the right to distribute copies of their works. See,
17 U.S.C. §106 (2006) (granting copyright owners the exclusive rights
to reproduce their works, prepare derivative works, distribute copies,
to perform their works publicly, and to display the copyrighted works
publicly). However, a copyright owner's exclusive right to distribution
is limited by a... Read More

A claim for wrongful discharge in Pennsylvania may only be asserted in very limited circumstances. An
at-will employee who is terminated may claim wrongful discharge only
when his termination is made with a specific intent to harm or is
contrary to public policy. Tourville v. Inter–Ocean Ins. Co., 353 Pa.Super. 53, 55, 508 A.2d 1263, 1265 (1986); Engstrom v. John Nuveen and Company, 668 F.Supp. 953, 958 (E.D.Pa.1987); Geary... Read More

Every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement.
Restatement (Second) of Contracts § 205 (1985).  In Pennsylvania, the
law is clear that “[i]n the absence of an express provision, the law
will imply an agreement by the parties to a contract to do and perform
those things that according to reason and justice they should do in
order to carry out the purpose for... Read More