So You Want to Go to Court…What You Need to Know
In this legal podcast Lamb McErlane PC partners Jim Sargent and Guy Donatelli discuss the various court systems.
Jim & Guy will be navigating civil disputes from both the Plaintiff and Defendant perspective, i.e. failure to pay money back, personal injury, employment disputes etc. (does not include landlord/ tenant, criminal or family law.)
Listen in to hear more…
- What can you expect at the Magisterial District Court (MDC) level: (for Civil Cases)
- Claims up to $12K
- Less paper
- Ease of filing
- Fewer lawyers
- More speedy and direct contact to the Judge
- You have a right to appeal to the Court of Common Pleas
- Example of a case, the airline you recently flew, lost your luggage. Months later they still have not found your luggage or compensated you. You can go in to the MDC and file a suit against the airline. (without hiring an attorney)
- What can you expect at the Court of Common Pleas: (CCP)
- Claim is above $12K but does not exceed $50K
- County wide
- More formal
- Lawyer & judge driven
- Can take longer
Things to Consider with Lawsuits:
- They can cost a lot of money
- Can mean time away from work
- Aggravation
- Results are made public
- There is no guarantee of the outcome
- Majority of cases settle
- Consider mediation – a third party to mediate a case
Courts of Pennsylvania
- Pennsylvania’s entry-level courts are located in more than 500 magisterial districts and in municipal courts in Philadelphia and Pittsburgh.
- Next, the state’s trial courts or Courts of Common Pleas, are in judicial districts which mostly follow county boundaries. The statewide intermediate appellate courts — Superior and Commonwealth — hear criminal and civil appeals from the trial courts and some original cases brought against the state and its agencies.
- The Supreme Court of Pennsylvania is the highest in the judicial system, and has administrative authority over the entire court system. The Pennsylvania court system is structured like a pyramid with the Supreme Court at the top.
“Avoid lawsuits beyond all things; they pervert your conscience, impair your health, and dissipate your property.” Jean de la Bruyere
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Jim Sargent is Co-Chairman of Lamb McErlane’s Appellate Advocacy Group and Litigation Department. Jim has represented major national and multinational manufacturers in litigation and appeals involving class action, product liability, taxation, warranty, fraud, employment and consumer protection law claims. jsargent@lambmcerlane.com. 610.701.4417
Guy Donatelli is a partner in the Litigation Department at Lamb McErlane. He concentrates his practice on employment and commercial litigation, representing individuals, businesses and municipalities in employment, business and land use disputes. gdonatelli@lambmcerlane.com. 610-701-4419
*This show is for general legal information only and should not be construed as legal advice on any subject matter.