Pennsylvania Legal Cases

Date: September 23, 2013 Last Edit: May 24, 2016

Nertavich v. PPL – Legal Reform    

Supreme Court

In this case the Pennsylvania Supreme Court has been
asked to hold property owners liable for negligent acts of their employees,
without regard to whether the property owner has exerted any control over the
contractor’s work. NFIB Legal Center joined with the U.S. Chamber of Commerce
in this filing, arguing that the Court should affirm the historic common law
rule that a landowner is not liable for the actions of a contractor except in
the event that he or she directs the contractor to take specific actions that directly
cause injury to another.

Pennsylvania Restaurant
& Lodging Assoc. v. Pittsburgh
– Labor and Employment

Pennsylvania Commonwealth Court

Pennsylvania law plainly forbids
municipalities from imposing burdens on employers. Accordingly, labor and
employment standards are to be established at the state level by the General
Assembly, not at the municipal level. Nonetheless, the City of Pittsburgh
enacted an ordinance requiring employers to provide paid sick leave to
employees. The City now appeals a lower court decision striking down the
ordinance. On appeal Pittsburgh maintains that it has the prerogative to
require employers to provide paid sick leave as a measure to promote public
health; however, NFIB Small Business Legal Center argues that the ordinance
indisputably violates state law requiring uniformity of business regulation and
that the City’s posited exception for matters of public health would swallow
the rule.

 Status: PENDING. Amicus
brief filed 5/11/16.

Tincher v. Omega Flex – Legal Reform
Pennsylvania Supreme Court

The court will decide whether it should replace the strict liability analysis of Section 402A of the Second Restatement with the Third Restatement, a preferable standard for defendants involved in product liability cases. The court will also decide, if they adopt the Third Restatement, whether the holding should be applied prospectively only.


If you have a case that impacts
small business, please contact us at
1-800-552-NFIB as we are actively looking for opportunities to weigh in
on important issues in this state. NFIB Small Business Legal Center is involved
in many cases that impact this state and others; to see our complete list of
Supreme Court cases click on Washington, DC on the interactive map.

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