Babst Calland’s litigation attorneys provide cost-effective and practical representation for clients ranging from Fortune 500 companies to locally-owned and operated businesses. Our attorneys have significant experience trying cases to verdict in both state and federal courts, with particular experience in the courts of Pennsylvania, West Virginia and Ohio.
The litigation attorneys at Babst Calland develop a deep understanding of our clients’ businesses and interests, and are therefore able to guide our clients through the litigation process intelligently. We provide focused representation designed to meet our clients’ overall business goals, whether that means positioning a dispute for favorable settlement or litigating it to the fullest extent necessary. When appropriate, Babst Calland’s litigation attorneys also offer the distinct advantage of being able to team with regulatory and other non-litigation attorneys within the firm who can offer an additional depth of legal, scientific and engineering knowledge, which uniquely positions Babst Calland to efficiently and effectively advocate for our clients.
Babst Calland’s litigation attorneys also have broad-ranging appellate experience and are committed to serving our clients’ needs from the beginning of a controversy through the completion of the appellate process. In addition, we are experienced at handling appeals for matters that were handled by others at the trial level. Our attorneys use their experience and knowledge of appellate trends to help our clients realistically assess their prospects on appeal, conduct the cost-benefit analysis of pursuing an appeal, and wisely select the discrete issues to pursue on appeal. Our attorneys have successfully handled appeals for our clients in the U.S. Supreme Court, federal courts of appeals, state supreme courts, state intermediate appellate courts, and administrative tribunals.
In Memoriam: The Modern Administrative State (1984-2024)
Law360
(by Joseph Schaeffer and Jessica Deyoe)
On June 28, 2024, the modern administrative state died with the United States Supreme Court’s overruling of Chevron U.S.A. …
U.S. Supreme Court Issues Three Decisions Charting New Path for Federal Administrative Law
Firm Alert
Chevron is overruled; right to jury trial in many agency enforcement actions is guaranteed; and claim accrual date for Administrative Procedure Act claims are fixed. …
Supreme Court of Appeals Addresses Burden of Proof in Design-Defect Products Liability Cases
Litigation Alert
(by Joseph Schaeffer and Mychal Schulz)
Last week, the Supreme Court of Appeals of West Virginia addressed two long-standing issues under West Virginia products liability law: (1) must a plaintiff asserting a strict liability design-defect claim prove the existence of an alternative, feasible design, and, (2) if so, must the alternative, feasible design eliminate the risk of the specific injury suffered by the plaintiff? …
Blurred Lines: The Ongoing Battle Between iLottery and iGaming
The Legal Intelligencer
(by Casey Alan Coyle and Michael Libuser)
Online gaming is a booming industry. …
Appellate Lineup: Looking Back at Recent Pennsylvania Cases of Note and Forward to Those on Deck
Litigation Legal Perspective
(by Joseph Schaeffer and Michael Libuser)
Major League Baseball’s Opening Day is symbolic: for a short while, every one of the 30 teams has a chance at the World Series and every one of the 26 players on those teams’ active rosters has a chance at emerging as a superstar. …
Discovery Disputes: Best Practices from the Bench
Pretrial Practice & Discovery
American Bar Association Litigation Section
(by Michael Libuser) …
For judges and their law clerks, one of the most frustrating aspects of pretrial practice is managing discovery disputes.
Forum Non Conveniens – Pennsylvania’s Jurisdiction Jigsaw Puzzle
Legal Intelligencer
(by Carla Castello and Casey Alan Coyle)
Few concepts are more steeped in Pennsylvania law than the doctrine of forum non conveniens. …
Compelling Arbitration: Slam Dunk or Blocked Shot?
Pretrial Practice & Discovery
American Bar Association Litigation Section
(by Jess Barnes) …
Contractual provisions providing for dispute resolution via arbitration are fairly common.
Making a List, Checking it Twice: When Employees Resign, Employers Should Be Prepared
Legal Intelligencer
(by Steve Silverman and Steve Antonelli)
For many employers, it is also performance review season that is often accompanied by announcements concerning employees’ compensation for next year. …
Hangey v. Husqvarna Professional Products: Pennsylvania Supreme Court Closes Another Off-Ramp for Corporate Defendants Sued in Pennsylvania
Litigation Alert
(By Joseph Schaeffer and Stefanie Pitcavage Mekilo)
Last week, the Pennsylvania Supreme Court issued its much-anticipated decision in Hangey v. …
