Pennsylvania’s Statutes of Repose and Limitations Protect Contractors in Unique Ways

2020/10/12

As published in Lawyers Journal Pennsylvania applies two important, yet distinct, time limitations on construction claims. A statute of limitations sets a mandatory period within which an injured person must file a lawsuit after suffering the injury, or the injured person will forever lose the claim. A statute of repose establishes a bright-line deadline that precludes any claims against a contractor after a certain period of time, even if a person is injured by the construction after that deadline has passed. Pennsylvania applies a two year statute of limitation for personal injury and property damage and a four year statute of limitations for breach of contract actions. 42 Pa. C.S.A. § 5524; 42 Pa. C.S.A. § 5525. Thus, if a person or property is injured by negligent construction, the person must bring the claim within two years of being injured. Similarly, if a general contractor wishes to bring a claim against a subcontractor for breach of contract, the general contractor will have four years after discovery of the breach to bring the claim. But Pennsylvania also applies a 12 year statute of repose for claims against any person performing or furnishing the design, planning, supervision or observation of construction, or construction of any improvement to real property. 42 Pa.C.S. § 5536. If an injury occurs within the last two years of the statute of repose, the time period will be extended by up to two years. The statute of repose acts to prevent claims for latent defects in construction. The Pennsylvania Superior Court has recognized that, “[a]s a statute of repose, Section 5536 does not merely bar a party’s right to a remedy as a statute of limitations does, but it completely abolishes and eliminates the cause of action.” Noll v. Harrisburg Area YMCA, 643 A.2d 81 (Pa. 1994) (citing Schmoyer by Schmoyer v. Read More

Nineteen Pietragallo Attorneys Recognized by The Best Lawyers in America® 2021

August 20, 2020

Pietragallo Gordon Alfano Bosick & Raspanti LLP, a business and litigation law firm with five offices across Pennsylvania, Ohio, and West Virginia, is proud to announce that nineteen of our distinguished attorneys have been recognized in The Best Lawyers in America® 2021 edition. “The legacy of our law firm is the depth of our courtroom talent,” noted Managing Partner, William Pietragallo, II. He continued, “I could not be more proud.” Recognition by Best Lawyers® is based entirely on peer review within the legal industry. The Best Lawyers® methodology is designed to capture the consensus opinion of industry-leading lawyers regarding the professional capabilities of their colleagues. Best Lawyers® distinction is demonstrative of the respect that recognized lawyers have earned amongst their peers. The following individuals of The Pietragallo Law Firm have been recognized for their work in the following industries:   Gaetan J. Alfano (2012) Commercial Litigation Employment Law – Individuals Employment Law – Management Litigation – Labor and Employment Pamela Coyle Brecht (2021) Qui Tam Law Marc S. Raspanti (2006) Health Care Law  Doug Rosenblum (2021) Criminal Defense: White-Collar Mark Gordon (2011) Litigation – Insurance Workers’ Compensation Law – Employers  James W. Kraus (2021) Criminal Defense: White-Collar Litigation – Health Care Medical Malpractice Law – Defendants  James F. Marrion (2021) Product Liability Litigation – Defendants  William Pietragallo II (2005) Bet-the-Company Litigation Commercial Litigation Mass Tort Litigation / Class Actions Personal Injury Litigation – Defendants  Francis E. Pipak, Jr. (2011) Workers’ Compensation Law – Employers  Peter St. Tienne Wolff (2021) Litigation – Trusts and Estates  Clem C. Trischler, Jr. (2011) Commercial Litigation Product Liability Litigation – Defendants  Paul Kenneth Vey (2011) Medical Malpractice Law – Defendants Sharon, PA  Richard Parks (2021) Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law   “Ones to Watch”   Leslie A. Mariotti (2021) Labor and Employment Law – Management  Peter W. Read More

Pamela Coyle Brecht Appointed as a Hearing Committee Member serving the Disciplinary Board of the Supreme Court of Pennsylvania

2020/08/06

Partner Pamela Coyle Brecht of Pietragallo Gordon Alfano Bosick & Raspanti, LLP has been appointed as a Hearing Committee Member serving the Disciplinary Board of the Supreme Court of Pennsylvania effective July 1, 2020. This appointment is a three-year term. Ms. Brecht also serves as Chair of the firm’s national Qui Tam/False Claims Act (FCA) Practice Group. She is experienced in white-collar criminal litigation, internal investigations, and complex health care litigation. Some of Ms. Brecht’s largest FCA cases have included alleged fraud by a large multi-state Medicaid managed care contractor and FCA violations by three of the largest hospital corporations in the country. The Disciplinary Board of the Supreme Court of Pennsylvania is dedicated to protecting the public, maintaining the integrity of the legal profession, and safeguarding the reputation of the courts. The Supreme Court of Pennsylvania established the Disciplinary Board in 1972. In regard to the appointment, Ms. Brecht commented, “I’m honored and proud to accept this appointment. I will do my very best to assist our system of discipline.” Read More

2020 Chambers High Net Worth Guide recognizes William Pietragallo, II and Peter St. Tienne Wolff for their work in Private Wealth Law

2020/07/17

Chambers & Partners recently released their High Net Worth Guide which combines a list of leading High Net Worth Professionals worldwide. Within, Managing Partner William Pietragallo, II and Partner Peter St. Tienne Wolff were recognized for their work in Private Wealth Law in the state of Pennsylvania. Chambers & Partners is a legal ranking service which conducts in-depth interviews with clients in order to assess the reputations and expertise of business lawyers worldwide. From their research regarding Mr. Pietragallo’s practice they concluded Mr. Pietragallo is ” … a well-established private client lawyer. Additionally clients noted,  “He is very seasoned” and “He’s seen a lot and does not rush to judgement. He is calculating and careful while also being an aggressive litigator.” Of Mr. St. Tienne Wolff, one client noted, “Mr. Wolff is an excellent trial attorney who leaves no stone unturned.” Another client submitted to Chamber & Partners, “Peter is very responsive and thorough, and has an indefatigable work ethic.” Chambers & Partners is committed to maintaining the esteem of its ranking service and only acknowledges lawyers in their field who have deep technical legal ability, high professional conduct, deliver exceptional customer service, demonstrate commercial awareness, and demonstrate diligence, commitment, and other qualities most valued by clients. For more information about Chambers & Partners, we invite you to visit their website. You can find the High Net Worth Guide in which Mr. Pietragallo and Mr. St. Tienne Wolff are featured below. Read More

Douglas K. Rosenblum to speak at “Trials and Tribulations of Virtual Hearings, Depositions, etc. in the Age of Covid-19” Panel

2020/07/28

Pietragallo partner Douglas K. Rosenblum will be speaking at PBI’s upcoming program, “Intellectual Property Law Institute 2020” on Tuesday, July 28th, 2020. Mr. Rosenblum’s panel segment is titled, “Trials and Tribulations of Virtual Hearings, Depositions, etc. in the Age of Covid-19.” This year marks the 14th anniversary of the ‘IP Institute’ and the program will be held virtually. Intellectual property is a burgeoning practice area with nuances and ever-changing innovations and issues that can try the patience of even the most seasoned practitioners. No one can afford to remain unacquainted with the rights and potential liabilities that may arise. That’s why those in the know attend PBI’s Intellectual Property Law Institute year after year. Their 14th Institute has something for everyone from the novice to the expert. For more information about the PBI program, including to register, please click here. For more information about Douglas K. Rosenblum, please visit his contact page. Read More

One of Pennsylvania’s Top 100 Attorneys can be found at Pietragallo

2020/06/02

Twenty-one Pietragallo Gordon Alfano Bosick & Raspanti, LLP attorneys were named to the 2020 Pennsylvania Super Lawyers and Rising Stars list, including founding partners William Pietragallo, II, Mark Gordon, Joseph J Bosick, Gaetan J Alfano, and Marc S Raspanti. These designations are awarded to lawyers who receive the highest feedback regarding their legal practice based on independent research, peer nominations and peer evaluations. In addition to all of the Firm’s founding Partners, the following lawyers were acknowledged by the rating service as 2020 Pennsylvania Super Lawyers: P. Brennan Hart, Christopher A. Iacono, James W. Kraus, Michael A. Morse, Francis E. Pipak, Kevin E. Raphael, Douglas K. Rosenblum, John A. Schwab, Clem C. Trischler, and Paul K. Vey. The following firm lawyers were recognized by the rating service as 2020 Pennsylvania Rising Stars: John R. Brumberg, Joseph L. Gordon, Leslie A. Mariotti, and Peter St. Tienne Wolff. In addition to the recognition above, Super Lawyers further distinguished Gaetan J. Alfano as “Top 100: 2020 Pennsylvania Super Lawyers” and “Top 100: 2020 Philadelphia Super Lawyers.” Managing Partner William Pietragallo, II was also further distinguished as “Top 50: 2020 Pittsburgh Super Lawyers List.” For more information about any of our attorneys, we invite you to visit Our Team page. If you would like to reach one of our attorneys, their direct contact information can be found within their biographies. For more information about Super Lawyers, we invite you to visit their website: www.superlawyers.com. Read More

Chambers & Partners recognizes Founding Partners William Pietragallo, II and Marc S. Raspanti

2020/04/27

Chambers & Partners, an international legal research firm, recently announced their 2020 edition of Chambers USA: America’s Leading Lawyers for Business. Within, founding Partners William Pietragallo, II and Marc S. Raspanti have been recognized for their “outstanding legal practice” in the fields of “Litigation: General Commercial” and “White-Collar Crime and Government Investigations,” respectively. Chambers & Partners recognizes lawyers after extensive and in-depth research including interviews with clients and members of the legal community. Alongside Mr. Pietragallo’s review, Chambers shares client feedback, “He is very practical and is the go-to guy for any case of significance in Western Pennsylvania.” Another source adds, “He is persuasive and is very good in front of judges and juries.” Commentators on Mr. Raspanti’s practice prize him for being “a good diligent lawyer” who is “excellent in his field.” For additional information about Chambers & Partners, we invite you to visit their website. For additional information about William Pietragallo, II and Marc S. Raspanti, we invite you to view their biographies.   Read More

New on the False Claims Blog: Relator Swap Leads to Case “Droppa” Under the DRUPA

2020/03/19

The perils of substituting relators in the midst of a qui tam were the highlight of this week’s decision by the Delaware Supreme Court on certification from the Third Circuit Court of Appeals in United States v. Sanofi-Aventis United States Llc, No. 256, 2019, 2020 Del. LEXIS 97 (Mar. 17, 2020), on certification from In re: Plavix Marketing, Sales Practices and Products Liability Litigation, 19-2472 (3d Cir. June 12, 2019) [hereinafter Certification]. Three individuals (two physicians and a Sanofi sales representative) formed a Delaware limited liability partnership to act as Relator, that is, “to file and prosecute” a whistleblower action under the federal False Claims Act (“FCA”), 31 U.S.C. §3729 et seq, and state analogs, against several defendants.  Sanofi-Aventis 2020 Del. Lexis at *2. The three individuals’ partnership agreement contained the following provision: “the Partnership shall not be a separate legal entity distinct from its Partners.” Id. at 4. The Third Circuit explained the likely reason for this provision: if the original partnership was a separate legal entity, the fact that it did not exist at the time the alleged fraud occurred would prevent it from being an “original source” with direct knowledge of the fraud under the pre-amendment FCA. Sanofi-Aventis 2020 Del. Lexis at *4-5, citing In re: Plavix Marketing, Sales Practices and Products Liability Litigation (No. II), 315 F.Supp. 3d 817 at 381(D.N.J. 2018), appeal docketed, No. 19-2472 (3d Cir. July 3, 2018) [hereinafter Opinion].[1] Nine days after its formation, the relator partnership filed the qui tam complaint against Sanofi-Aventis U.S. LLC, Sanofi-Aventis U.S. Services, Inc., Aventis, Inc., Aventis Pharmaceuticals, Inc., Bristol-Myers Squibb Company, and Bristol-Myers Squibb Pharmaceuticals Holding Partnership  In their complaint, the relator partnership alleged that each of the original partners were an  “original source” of the information upon which their allegations were based. While the case was pending, one of the partners left the partnership and was replaced by another physician partner. Read More

Postponed: Pietragallo Partner Chris Iacono to present at Cyberlaw Update 2020 in Pittsburgh

2020/04/27

The Pennsylvania Bar Institute will be holding it’s next Cyberlaw Update program on April 27, 2020 in Pittsburgh. During this program, attendees will discuss: experiences with new state and EU regulations on privacy, current security dangers and data breach responses, the impact of Artificial Intelligence (AI), cloud and other technologies in business, electronic communication and its impact on litigation and discovery, and ethical challenges with social media and the ever-changing social technology environment. Pietragallo Partner Chris A. Iacono is faculty of the program. He will co-present during a Cyber and Litigation segment titled, “Responding to Data Breaches: Legal Updates and Practical Counsel.” THIS EVENT HAS BEEN POSTPONED. PLEASE SUBSCRIBE TO OUR FIRM NEWSLETTER FOR ALERTS AND UPDATES.   Read More

Pietragallo Team Volunteers at Mock Trial Competition

2020/03/05

Each year, the Young Lawyers Division (YLD) of the Pennsylvania Bar Association (PBA) hosts one of the largest mock trial competitions in the nation. The PBA/YLD Mock Trial Competition gives more than 300 high school student teams from across the state the opportunity to act as lawyers and witnesses in simulated civil and criminal trials before actual judges and panels of juries. The competition takes place over several months and is led by volunteer attorneys who assist students as team advisors, scorekeepers, regional coordinators and judges. Pietragallo Partner Peter S. Wolff and Associates Fino Caliguire volunteered as judges during the 2020 District Play-Offs portion of the competition. “The level of talent demonstrated by the teams was amazing,” said, Peter S. Wolff. Mr. Caliguire commented, “Rebecca and I both were expecting great performances knowing that this was the final round of the competition. Even so, we were both blown away by the preparedness and professionalism of the high school competitors. Not only were their speeches and direct examinations smooth and well-rehearsed, their ability to adapt on cross examination and improvise in portions of their closings was incredible for students their age.  I would not be surprised to run into some familiar faces from the competition in a courtroom 7 or 8 years down the road.” The Firm extends its congratulation to Eden Christian Academy who secured the most points and who will proceed onto the next level of the competition, the regional playoffs. For more information about the PBA/YLD Mock Trial Competition, we invite you to visit the PBA website. For more information about any of our attorneys, we invite you to visit Our Team page. Read More