Matthew Barnes and Brennan Hart receive Motion to Dismiss in groundbreaking ruling in Murphy v. Spongelle

2024/02/01

Matthew R. Barnes and Brennan Hart recently obtained a dismissal in a case that alleged our client, an e-commerce retailer, violated Title III of the Americans with Disabilities Act (ADA) because its website was allegedly inaccessible to the visually impaired. Chief U.S. Magistrate Judge Richard A. Lanzillo for the Western District of Pennsylvania granted our motion to dismiss, holding that the plaintiff was prohibited from bringing the Title III case against the online business because a website alone is not a “place of public accommodation,” as contemplated under Title III of the ADA. “This is a faithful application of Third Circuit law and a major win for e-commerce retailers and online retailers in the Third Circuit,” Matt said in a recent interview. Thousands of website accessibility lawsuits have been filed in recent years and this decision is the first of its kind in the Western District of Pennsylvania. Matt argued the case, and, at oral argument, the Court noted that it was “one of those occasions when oral argument is actually very helpful to the Court.” The decision lends crucial support to any online company doing business in the Western District of Pennsylvania and beyond. Read The Legal Intelligencer’s recent article here. Read More

Pietragallo Gordon Alfano Bosick & Raspanti, LLP and Gentile, Horoho & Avalli, P.C. to Merge

2023/08/01

Business and Commercial Litigation Firm Adds Family Law and Estate Administration/Orphans’ Court Practice AUGUST 1, 2023 – Two established Pittsburgh law firms have agreed to merge, bringing a highly-experienced family law and estate planning, administration, and litigation practice to a nationally-recognized business and litigation firm. Effective August 1, 2023, Gentile, Horoho & Avalli, P.C (GHA) will merge with Pietragallo Gordon Alfano Bosick & Raspanti, LLP (Pietragallo). All seven GHA attorneys, well-known for their experience in complex and high net-worth divorce and custody disputes as well as intricate estate/trust cases will now join Pietragallo, a multi-disciplined business and commercial litigation firm, with offices in Philadelphia, Pittsburgh, and Sharon, PA, Steubenville, OH, Weirton, WV, and Palm Beach Gardens, FL. The merger comes on the heels of Pietragallo’s expansion into Palm Beach Gardens in 2022. Pietragallo’s clients range from Fortune 200 and large privately-held companies to municipal entities and entrepreneurial businesses in a broad diversity of industries and business sectors. Gentile, Horoho & Avalli brings to Pietragallo more than 30 years of experience in providing exceptional legal counsel in the areas of family law and estates and trusts as well as complex orphans’ court litigation. “We are excited to engage with these outstanding practitioners in a new sphere of domestic-business litigation,” said Pietragallo chairman William Pietragallo II. “Our practices share a common commitment to achieving results.” “The lawyers at Pietragallo have distinguished themselves as leaders in our profession and in the communities they serve,” said Kenneth J. Horoho, Jr. “The blending of our two firms will provide our current clients with experienced business litigation attorneys who are known for problem-solving and results.” The family law/estate litigation attorneys joining Pietragallo include: Kenneth Horoho, Jr., Partner Charles Avalli, Partner Kerri Lee Cappella, Partner Carla Schiff Donnelly, Partner Lorraine W. Mervan, Special Counsel Robert D. Weinberg, Associate Adam J. Read More

16 Pietragallo Lawyers Named in 2023 Super Lawyers and Rising Stars

2023/05/19

Pietragallo is pleased to announce that 16 lawyers have been named to the 2023 Pennsylvania Super Lawyers and Rising Stars list. Super Lawyers is a service of Thomson Reuters legal division which compiles a list of outstanding lawyers from more than 70 practice areas. Each year, a research team at Super Lawyers conducts a multi-phase selection process reviewing independent research, peer nominations, and peer evaluations.  Five percent of lawyers are selected to Super Lawyers and two and a half percent to Rising Stars. The following were recognized in the 2023 Pennsylvania Super Lawyers list: Gaetan J. Alfano Joseph J. Bosick Mark Gordon Brennan Hart Christopher A. Iacono Michael A. Morse William Pietragallo, II Francis E. Pipak, Jr Marc S. Raspanti (Top 100 in Pennsylvania and Top 100 in Philadelphia) Douglas K. Rosenblum Clem C. Trischler Paul K. Vey The following were recognized in the 2023 Pennsylvania Rising Stars list: Ashley Kenny John Kettering Alexander M. Owens Peter St. Tienne Wolff To read more, click here. About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with six offices throughout Pennsylvania, Florida, Ohio, and West Virginia from which we are able to serve our clients in all 50 states and the District of Columbia.   Read More

Let the Record Reflect, There Are No “Usual Stipulations”

2023/02/23

By The Legal Intelligencer’s The Young Lawyer Editorial Board Let’s set the record straight. There are no “usual stipulations” that apply to depositions. Although some attorneys may share a vague understanding about the usual stipulations, the phrase has no established meaning. In fact, there is no rule, case, or statute that defines the usual stipulations. “Everyone purports to know without asking the content of the ‘usual stipulations’ until a dispute arises; the ephemeral nature of the parties’ understanding is then quite apparent.” See United States v. Liquid Sugars, 158 F.R.D. 466, 473 n.8 (E.D. Cal. 1994). Because the phrase has no accepted meaning, an attorney should respond to a proposal for the usual stipulations by asking, “What do you mean by the usual stipulations?” The question might elicit shock, anger, or some patronizing retort like, “I’m surprised you don’t know what the usual stipulations are.” You may feel tempted to agree to the usual stipulations without any clarification. This is especially true for newer lawyers, who fear that asking for an explanation will reveal their inexperience. But there is no reason to be embarrassed. In all likelihood, the attorney proposing the usual stipulations has no idea what the phrase means. Many attorneys simply mimic what they perceive to be a common practice without questioning whether the practice makes sense. These same attorneys might argue, “I’ve done hundreds of depositions, and no one has ever refused the usual stipulations.” That may be true, but a prevalent practice can still be a flawed practice. Consider these two common versions of the usual stipulations: “reserving all objections until trial or there is an attempt to use the deposition” or “reserving all objections except to the form of a question.” While neither helps the taking attorney, both give the defending attorney a strategic advantage beyond what the rules provide. Read More

Pietragallo is recognized as a “Best Law Firm” by U.S. News & World Report

2022/11/03

U.S. News & World Report recognizes Pietragallo Gordon Alfano Bosick & Raspanti, LLP as a 2023 Tier 1 Metro “Best Law Firm” in twelve practice areas in Pittsburgh and Philadelphia. These twelve practice areas are: Commercial Litigation (PGH & PHL) Employment Law – Individuals (PHL) Health Care Law (PHL) Insurance Law (PGH) Litigation – Labor & Employment (PGH & PHL) Litigation – Health Care (PGH) Litigation – Insurance (PGH) Litigation – Trusts & Estates (PGH) Mass Tort Litigation / Class Actions – Plaintiffs (PGH) Medical Malpractice Law – Defendants (PGH) Personal Injury Litigation – Defendants (PGH) and Product Liability Litigation – Defendants (PGH) In addition to the Tier 1 Metro ratings, Pietragallo was named: Tier 2 Metro in Pittsburgh and Philadelphia in the practice areas of Bet-the-Company Litigation, Criminal Defense: White-Collar, Employment Law – Management, Litigation – Intellectual Property, and Professional Malpractice Law – Defendants. Tier 3 Metro in Pittsburgh and West Palm Beach in the practice areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Construction Law, Litigation – Construction, Criminal Defense: General Practice, and Criminal Defense: White-Collar Pietragallo has also been named as Tier 2 across the nation in Litigation – Labor & Employment and Tier 3 nationally for our work in Commercial Litigation and Health Care Law. The U.S. News & World Report’s “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. Clients were asked to provide feedback on firm practice groups, addressing: expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, and whether they would refer another client to the firm. Lawyers also voted on expertise, responsiveness, integrity, cost-effectiveness, whether they would refer a matter to a firm, and if they consider a firm a worthy competitor. Read More

16 Pietragallo Lawyers Named in 2022 Pennsylvania Super Lawyers and Rising Stars

2022/05/23

Pietragallo is pleased to announce that 16 lawyers have been named as 2022 Super Lawyers and Rising Stars, including partner Marc Raspanti who was recognized in the Top 100 in Pennsylvania and Philadelphia. Super Lawyers is a service of Thomson Reuters legal division which compiles a list of outstanding lawyers from more than 74 practice areas. Each year, a research team at Super Lawyers conducts a multi-phase selection process reviewing independent research, peer nominations, and peer evaluations. With the objective being to provide a reliable, wide-ranging list of attorneys that can be used as a source for finding exceptional legal counsel. The following were chosen as Pennsylvania Super Lawyers: Gaetan J. Alfano Joseph J. Bosick Mark Gordon P. Brennan Hart Christopher A. Iacono Michael A. Morse William Pietragallo, II Francis E. Pipak, Jr. Marc S. Raspanti (Top 100 in Pennsylvania and Top 100 in Philadelphia) Douglas K. Rosenblum Clem C. Trischler Paul K. Vey The following were chosen as Pennsylvania Rising Stars: Ashley J. Kenny John W. Kettering Alexander Owens Peter St. Tienne Wolff   About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with six offices throughout Pennsylvania, Florida, Ohio, and West Virginia from which we are able to serve our clients in all 50 states and the District of Columbia. Read More

When Work-Life Balance is Underwater

2022/05/13

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20 Pietragallo Lawyers Named in 2022 The Best Lawyers in America and Ones to Watch

2021/08/19

Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce that 20 lawyers have been named as 2022 The Best Lawyers in America and 2022 Ones to Watch, including two lawyers who were recognized for Bet-the-Company Litigation. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Recognition by Best Lawyers is based entirely on peer review. The following were chosen as The Best Lawyers in America: Gaetan Alfano (Bet-the-Company Litigation) Pamela Coyle Brecht Phillip R. Earnest Mark Gordon James W. Kraus James F. Marrion Richard J. Parks William Pietragallo, II (Bet-the-Company Litigation) Francis E. Pipak, Jr. Kevin E. Raphael Marc Stephen Raspanti Douglas K. Rosenblum Clem C. Trischler Peter St. Tienne Wolff The following were chosen as The Best Lawyers in America: Ones to Watch: John Kettering Leslie A. Mariotti Peter W. Nigra Frank H. Stoy   About Pietragallo Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and commercial litigation firm headquartered in Pittsburgh with five offices throughout Pennsylvania, Ohio, and West Virginia from which we serve our clients in all 50 states and the District of Columbia. Read More

New SHIELD Act Provisions Take Effect in March, Additional Legislation Pending

2020/02/26

As published in The New York Law Journal An amendment to New York’s data breach notification law, the Stop Hacks and Improve Electronic Data Security Act (the SHIELD Act), will take effect on March 21, 2020. The amendment to the SHIELD Act creates stricter data security over confidential personal information and breach notification requirements to protect New Yorkers following a breach. The amendments to the SHIELD Act broaden the law’s reach applying to any company that collects personal information of New York residents, even if the company does not conduct business within the state of New York. The information protected under the SHIELD Act includes: social Security numbers, drivers’ licenses numbers, credit or debit card numbers, financial account numbers with or without security codes, biometric information, email addresses, email passwords, and email security questions and answers. The amendments also broaden the definition of “breach,” which is newly defined as requiring only unauthorized access to confidential information to constitute a breach, even if the accessor fails to take or use the information obtained. Once a breach occurs, companies must notify consumers “immediately following discovery.” Notice to consumers must include: … contact information for the person or business making the notification, the telephone numbers and websites of the relevant state and federal agencies that provide information regarding security breach response and identity theft prevention and protection information, and a description of the categories of information that were, or are reasonably believed to have been, accessed or acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so accessed or acquired. There are two exceptions to the SHIELD Act’s notification requirement: (1) when the breach was inadvertent by someone who had authority to access the information and reasonably determines that the exposure will not likely result in misuse or harm; or (2) if notice of the breach is made to affected persons through another breach notification law, such as the Gramm-Leach-Bliley Act and the Health Insurance Portability and Accountability Act of 1996. Read More

JUSTICE (Tween Girls Clothing Store) Class Action Settlement

December 2, 2015

Click Here for Class Action Settlement Website to File Claim or Get More Information Click Here for Class Action Settlement Detailed Notice Rougvie, et. al. v. Ascena Retail Group, et. al., 2:15-cv-00724 (E.D. Pa.) Related Information: Class Action Settlement Detailed Notice Read More