Joshua A. Gildea

CO-CHAIR, LITIGATION & TRIAL PRACTICE

COMMERCIAL LITIGATION • BANKRUPTCY & CREDITORS’ RIGHTS • INTELLECTUAL PROPERTY • LANDLORD/TENANT LAW

Attorney Gildea's Posts

Construction Litigation: Contractor Liability to Third Parties

If you or your construction company are contracted for a project and months or even years after, someone is injured in the space where work was completed, are you liable? Recently, the Pennsylvania Supreme Court settled a split within Pennsylvania courts regarding a non-possessory contractor’s liability for harm caused to third parties by its workmanship.

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Can “No-Poach” Agreements Be Enforced? Probably Not.

Pennsylvania’s Supreme Court recently ruled that contracts between businesses agreeing not to hire each other’s employees are not enforceable. Pennsylvania’s highest court, speaking on this legal issue for the first time, held that even where one company expressly agreed in writing not to hire employees of the other in what are often called “no-poach” or “no-hire” agreements, such a contract would not be enforceable.

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