Representation in Federal Court

If you’ve been sued in the Federal District Court for the Eastern District of Pennsylvania, there are a number of questions you will need to confront quickly. These questions include whether you were properly sued in the Eastern District, whether the Commonwealth of Pennsylvania has “personal jurisdiction” over you in a lawsuit, and whether you have any counter-claims or defenses that you will need to raise in your first pleadings.

In federal court, if you have been served with a complaint you typically have only 21 days from the date of service to answer. If you waive service in advance, you will have longer to respond. 

Does Your Case Belong in Federal Court?

In addition to determining counterclaims and affirmative defenses available to you, an important question you should analyze is whether the case belongs in federal court rather than state court. Unlike state courts, federal courts are of limited jurisdiction, which means they can only handle cases specifically authorized by the Constitution and by Congress.

Whether the case you are involved in falls under those categories of cases authorized by Congress and the Constitution is a question requiring legal analysis that needs to be done immediately to determine whether the court has subject-matter jurisdiction over the claim. 

Choosing Your Next Steps

Additionally, like any other case, as a defendant, you need to decide up front whether you wish to fight the case and defend it on its merits or attempt to settle it and avoid the rising costs of defending a lawsuit. This decision can be difficult, but is made easier when you really understand the likelihood of your success in defending a case and the possible risks involved in losing it. This requires an exploration of the facts and law that gave rise to the lawsuit.

The Eastern District of Pennsylvania is sometimes called the “rocket docket” because of the speed with which litigation moves and the promptness of trial dates. Most cases in the Eastern District are set for trial in less than a year from the date the suit is filed. This is remarkably fast for courts of any kind and makes the Eastern District of Pennsylvania one of the most fast-paced courts in the country. 

Contact Cornerstone Law Firm

Perhaps you have heard the expression, “Don’t make a federal case out of it.” This simple expression confirms one truth about federal cases—they are serious and shouldn’t be ignored.

If you have been sued in the Eastern District of Pennsylvania, we welcome you to contact Cornerstone Law Firm. Contact us today for a consultation on your federal case:

Waiving Summons in Federal Court

When you have been sued in federal court, it is customary for the attorney who represents the plaintiff (the person suing you) to reach out to you by email or letter with a copy of a Waiver of Summons. An example of what this document looks like is provided below.

waiver of summons
Sample Waiver of Summons

A Waiver of Summons requests that you sign and accept the service of the Complaint, thus simplifying the process of bringing you in to court to be sued. So why would anyone do this? Why make it easier for the person trying to sue you? There are three good reasons why you should consider waiving service of the Complaint:

1. You have more time to answer

If you are served with a Complaint in federal court, you get only 21 days to answer the Complaint. This is a very quick turnaround, especially when you take into consideration the time it might take to find a litigation attorney you trust who can handle a federal case.

However, if you sign the Waiver of Summons, you get 60 days from the date the waiver was offered to you. With more than double the time to answer, you may also have the opportunity for other procedural maneuvers and even opportunities to resolve the case out of court before undertaking the expense of filing an answer or a motion to dismiss.

2. It costs less to waive summons

Under Federal Rule of Civil Procedure 4, if you refuse to waive service, you are responsible for the cost of service. This can cost hundreds of dollars in some cases and that cost will ultimately be passed on to you, regardless of whether you win or lose the lawsuit. Compared to other litigation costs, this may not seem like much, but when you have the option to waive service and avoid this cost altogether, it certainly seems unnecessary.

3. You can avoid the embarrassment of personal service

Many people do not care about personal service and do not mind if a private process server shows up to hand them a complaint. However, if you run a business, and in many other circumstances, you may prefer not to be embarrassed in front of coworkers, friends, business associates, or relatives by service of the complaint and the announcement in front of those people that you have been sued in court.

Waiver of Summons allows you to avoid living under the constant fear of a process server arriving in your office or at your home, and announcing to everyone within earshot that you have a lawsuit in federal court against you.

To waive or not to wave?

With all that said, there are also some times that it is not wise to waive service of process. Although these situations are relatively rare, a good litigation attorney who handles cases in federal court can help you decide whether it is right to waive service or to force the other side to serve you with the process. And more important than this decision are the many decisions that will immediately follow.

Should you file an answer or a motion to dismiss? Should you be in discovery immediately or is a private, internal investigation the first step? These and a hundred other questions can be worked through with experienced litigation counsel.

Call Cornerstone Law Firm today if you have been sued in federal court to discuss your case and to see if one of our litigation attorneys can help you. 

Criminal Trial Attorneys in Berks County

If you are facing criminal charges in Berks County, Pennsylvania, you will find yourself facing several very important questions as you strategize how to handle your case. The chief among all these questions is whether you should go forward to a trial on your charges or accept a plea deal. If you decide to go to trial, finding a good trial attorney will be vital.

Why a Trial Lawyer is Important

At Cornerstone Law Firm, our attorneys have experience at all stages of trial work and stand ready and willing to take your case all the way to trial. Whether to go to trial on criminal charges is an important and personal decision and depends on many factors. Getting good advice on whether you should go forward to trial rather than taking a deal that has been offered is an important part of this process.

A good trial attorney is willing to cross-examine the government’s witnesses, will effectively present your case in a way that is understandable to the jury, and can help you make the all-important decision on whether to testify or not. At Cornerstone Law Firm, our attorneys can help you with these questions. 

Contact Cornerstone Law Firm

Whether you are in the midst of criminal charges or are at the beginning of a criminal case, we welcome your call to discuss your charges. Your first consultation with us is free and totally confidential. Call us today and see how we can help you.

Injunctions for Breach of Contract

Contracts are formed when two or more parties reach an agreement that involves an exchange of promises. When one party breaks their promise and fails to reform their obligation on their contract the other party to the contract often asks, “Can I seek an injunction requiring the other party to perform?”

Injunctions Court Orders Requiring Performance

An injunction is a court order that requires someone to refrain from doing something you don’t want them to do or requires them to do something that you want them to do. We’ve discussed injunctions elsewhere on the blog. However, it is important to know that injunctions are typically very difficult to get in contract cases, even in fairly extreme situations. Injunctions require an irreparable harm (that is, something other than monetary damages).

In other words, you have to be able to show a court that if the court doesn’t act, you will suffer damages that can’t be adequately compensated by money. In most situations involving a breach of contract, that is not possible. Rather, if a party breaks their promise, they can pay you the damages that theirs breach has caused you.

Damages

There are several different ways that you can measure how you have been financially damaged by someone’s failure to perform their agreement under a contract. The bottom line is the court will seek to place you in a position where you are made whole and put in the same position that you would have been in had the contract been performed. However, this doesn’t typically include repayment of your legal fees, the costs and frustration of finding a replacement party to perform the contract for you, nor anything for the sense of moral outrage that people often feel when a promise to perform under a contract is broken.

Conclusion

You may not be able to obtain an injunction regarding your contract, but this doesn’t mean that you should ignore the problem or not pursue it in court. Legal action regarding a breach of contract will often jolt the other party into action. At the very least, it will allow you to recover the damages you’ve incurred as a result of what’s happened.

At Cornerstone Law Firm, our litigation attorneys can help you analyze your case. Call today to discuss your situation and let us know how we can help you. 

Attorney Crossett Represents Mail Carrier in Religious Liberty Case

At Cornerstone Law Firm, we believe the First Amendment defends each individual’s right to live freely according to their deeply held conscience and faith.

In a recent religious liberty case, Attorney David Crossett represented a Lancaster County mail carrier, Gerald Groff. Mr. Groff’s rights were violated when the USPS failed to accommodate his religious beliefs regarding working on Sundays.

In a recent news release, Attorney Crossett said:

“In a free and respectful society, government should recognize those differences among us that make us great, rather than punishing those differences, particularly when those differences result from our sincerely held religious beliefs.”

Read the full news release here.

To read more about the religious freedom case, we encourage you to take a look at recent news coverage:

If your religious liberties have been violated, we encourage you to call us today to discuss your case.

News Release: Christian Mail Carrier Discharged for Not Delivering Packages on Sunday Asks Federal Court for Judgment

FOR IMMEDIATE RELEASE
February 17, 2020
For interview requests or questions, contact: Dan Bartkowiak
717-657-4990, dbart@indlawcenter.org

(LANCASTER, PA – February 17, 2020) On Friday, February 14, a United States Postal Service (USPS) mailman filed a Motion for Summary Judgement before a federal district judge asking the court to find that the USPS violated his rights when it failed to accommodate his religious beliefs regarding work on Sundays. 

Gerald Groff has been a mailman in Lancaster County for almost seven years. One Post Office supervisor called Mr. Groff his best employee. Another Post Office supervisor said that Mr. Groff had the best quality of work of anyone he had met in the USPS.

When he was hired, Sunday work was never required for Mr. Groff’s position.  Several years later, the USPS started parcel delivery on Sundays. For a time, the Post Office and Mr. Groff worked flexibly together to accommodate his religious convictions of not working on Sundays. Mr. Groff simply picked up holiday, evening, and Saturday hours others did not want to work. 

Later, USPS began enforcing a no-exceptions Sunday policy on Mr. Groff and needlessly disciplined him. This resulted in him being constructively discharged from the job he loved.

“In a free and respectful society, government should recognize those differences among us that make us great, rather than punishing those differences, particularly when those differences result from our sincerely held religious beliefs,” said David Crossett, a partner at the Cornerstone Law Firm, LLC, one of the attorneys representing Mr. Groff.

“Just as the Supreme Court recognized in a case involving the right of a Muslim worker to wear a head scarf at a clothing store, a government employer like the Post Office should reasonably accommodate an employee’s religious beliefs. The Post Office had plenty of other options for delivering Amazon packages on Sundays without making this employee violate his religious conscience,” said Randall Wenger, Chief Counsel of the Independence Law Center. “In a free society, government employers can and should do better at respecting their employees’ rights.”

The case, Groff v. Brennan, is filed before the U.S. District Court for the Eastern District of Pennsylvania.

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Trial Attorney in Snyder County, Pennsylvania

If you’ve been charged with a crime in Snyder County, Pennsylvania, it’s important that you have aggressive legal representation. Criminal charges can change your life, and having an attorney prepared to take you to trial, if necessary, is a vital part of a strong defense.

Why a Trial Lawyer is Important

Not every attorney or law firm is willing to take cases to trial. Some attorneys practice only in achieving plea deals or attempting to work out a case with a prosecutor. While there’s a time and a place for that art, there are also times when only a trial lawyer can help you with your case. At Cornerstone Law Firm, our criminal trial attorneys are able to help you with every phase of the process.

An attorney’s trial practice skills include giving effective opening and closing statements, excellent cross-examination, and wisdom about which witnesses to call on your behalf. A good trial lawyer will also know how to help you investigate your claim in advance of trial so that you are well prepared to present your case.

In Snyder County, individuals facing criminal charges often find that they are faced with the difficult choice of choosing between a plea deal they don’t like or facing a judge or jury at trial. Making this decision is easier when you have a trial attorney by your side to help you evaluate your chance.

Contact Cornerstone Law Firm

Not every attorney handles trial practice, so finding an attorney willing to take your case the distance is important. At Cornerstone Law Firm, we’re willing to be with you from opening statements until the jury verdict comes in, and to counsel you ever step of the way.

Call today to discuss your case with our trial attorneys and see if we can help you make your case.

Why You Shouldn’t Ignore a Writ of Summons

If you’ve been served with a Writ of Summons in Schuylkill County, Pennsylvania or, in any other county in Pennsylvania for that matter, it’s extremely important that you do not ignore it. A Writ of Summons is the beginning of a lawsuit, and it takes care of one of the most difficult and important parts of the process—serving the lawsuit.

In other words, as a Defendant, you’re not going to get another notice about this lawsuit served through official means, such as a sheriff. From now on, everything you get is going to come through the mail. You don’t want to risk receiving this mail while you’re out of town, on vacation, or dealing with the other busy details of life that might keep you distracted.

Pennsylvania Summons
A Writ of Summons is an alternate form of original process in the Commonwealth of Pennsylvania.

What to Do

When you’re served with a Writ of Summons, the first thing to do is to immediately take action to insist that the Plaintiff file a Complaint substantiating their right to a lawsuit. Their failure to do so can result in a complete dismissal of the charges.

What happens if you don’t know what the charges are based on? What happens if you don’t even know the person suing you? Surprisingly, this happens to many defendants.

Regardless, you should still take action to force a Complaint right away. This gives you the chance to gather evidence, prepare your defense, and hopefully push the Plaintiff into a position where the case can be settled or dismissed.

Take Next Steps

The Writ of Summons is part of Pennsylvania’s very complex Rules of Civil Procedure. Failure to abide by the Rules of Civil Procedure can result in very serious waivers of your rights. Contacting a civil litigation attorney is an important first step in the process. Litigation lawyers can help you figure out the rights steps to take in the process.

Contact us at the Cornerstone Law Firm today to discuss your Writ of Summons in Pennsylvania and to see how we can help you navigate the process.

“I’ve been Charged with a Crime in Union County. What Now?”

If you’ve been charged with a crime in Union County, Pennsylvania and you’re wondering what happens next in the process, you’ve come to the right place. The responsibility of filing charges in Union County, Pennsylvania falls to local police departments as well as the Pennsylvania State Police who have jurisdiction to file charges. But ultimately the responsibility of proceeding with those charges belongs to the District Attorney for Union County, Pete Johnson.

Here’s the process that you will encounter if you’ve been charged with a crime.

Preliminary Arraignment and Preliminary Hearing

union county court

We’ve written before about preliminary arraignments and preliminary hearings in criminal cases. Union County’s process is not different in that the preliminary arraignment and preliminary hearing are the defendant’s first opportunity to hear the charges against him or her and to hear the evidence that the Commonwealth has to prove the crime.

The bar for the Commonwealth to prove their case in a preliminary hearing is very low. The Commonwealth need only prove that they have probable cause for bringing the charges. If they’re able to prove that, then the charges move forward to more serious stages of criminal litigation.

Omnibus Pretrial Motion

Assuming the Commonwealth is able to meet its burden and move past the preliminary hearing, the next stage in the process is for the defendant if they wish to request discovery and file an omnibus pretrial motion. This motion allows the defendant to challenge the charges against them and to have them assessed at a much higher standard that is construed against the Commonwealth.

If the Commonwealth will be unable to meet its burden, the charges will be dismissed. Omnibus pretrial motions are a unique opportunity for criminal defendants to bring a motion to suppress evidence or to bring a habeas corpus motion to have the charges dismissed entirely.

Disposition and Trial

Most cases in Union County, Pennsylvania are resolved at a disposition hearing long before trial. This is an opportunity to reach a plea agreement with the Commonwealth, enter into a diversionary program such as ARD (accelerated rehabilitative disposition) or to reach some other arrangement. Disposition hearings are typically where an experienced attorney will have worked out the best deal possible for a client.

However, many criminal defendants don’t wish to plead guilty. They want to go forward to trial. This might be because the deal offered is not very good or because they believe that in principle they are right and shouldn’t have to agree to some sort of deal. In this case, it is absolutely vital to have an experienced criminal defense attorney who is able to go forward to trial and handle the charges by aggressively challenging the Commonwealth’s case.

Conclusion

At Cornerstone Law Firm, we help criminal defendants in Union County to defend against criminal charges by defending them at all stages in the litigation process, including at trial. Call us today to discuss your charges and to have a free consultation on what we can do for you.

Oley Valley Students Settle First Amendment Lawsuit

Every American has the right to free speech under the First Amendment. That’s why Cornerstone Law Firm is glad to announce that our clients, three students in the Oley Valley School District, have had their voices heard in their recently settled lawsuit.

We worked with the students to bring a lawsuit against Oley Valley School District for violating their First Amendment rights. The case has now settled for $5,000 for the students plus attorneys’ fees and expungement of the discipline resulting from their school board speech.

Oley Valley School District students (from left to right) Vinny Ferrizzi, Haley Hartline and Jordan Eck practicing their First Amendment rights

What Happened

Jordan Eck, Haley Hartline and Vinny Ferrizzi were disciplined for speaking at a school board meeting last March, where they expressed concerns about the way the drama program was being run. Within 24 hours of speaking to the school board, two of the students were suspended and removed from the school play, and less than two weeks later, the third was removed from school property in front of his classmates. Various excuses for this retaliation were offered throughout the lawsuit, but upon production of surveillance footage demonstrating the pretextual nature of these excuses, the parties finally agreed to settle.

The monetary settlement reimburses the students’ families for the expense of litigation and will be paid by the school district’s insurance carrier. The settlement also includes compensation for Jordan for the defamation of his character by the drama program director in a series of emails to the parents of other students in the drama program, as well as others in the community. All three students will receive compensation from the district’s insurance carrier for the violation of their rights to free speech.

What They Have to Say

The students expressed their relief that the case is over. “This is a victory for our First Amendment rights, and for the rights of other students to speak freely without fear of retribution,” said Eck after the settlement was reached.

“It shouldn’t have taken a federal lawsuit to force the School District to respect our right to speak,” said Hartline.

Ferrizzi agrees: “We wanted an apology, but it’s clear that this will have to do. This is vindication.”

“The First Amendment was written to protect us; but sometimes, we have to protect the First Amendment,” said Cornerstone Law Firm’s Joel Ready, the students’ attorney. “When government officials, however major or minor, seek to punish citizens for their speech, it is imperative that we stand up against that.”

Attorney Ready believes the lawsuit has bigger implications beyond these three students, and beyond Oley Valley:

“This case would have created a chilling effect on other students right to speak up, and I hope the message is loud and clear: as a student, you’re allowed to respectfully express your opinion to those in power, even if your opinion is unpopular.”

How it Started

The case began when Cornerstone Law Firm reached out to the School Board on behalf of the students, demanding that their discipline be expunged. The School Board refused reverse the punishments, necessitating rising costs, and ultimately, this settlement. Attorney Ready says he expects this case will have a positive impact on the School District:

“My clients hope this will cause the Oley Valley School Board to take definite steps to train their employees about protecting students’ rights. The Supreme Court says that students do not shed their constitutional rights at the schoolhouse gates. That is especially true when students speak to school board members—their elected representatives.”

Various messages of both support and opposition have been received on social media by the students, but Eck explains, “From the beginning, we understood that was part of it. We just want every student to be able to speak freely, just like we did.” Ready agrees.

“I’m proud of these three students,” he said. “They’ve shown courage in the community, sometimes in the face of misinformation intentionally spread about them. They’ve shown Oley Valley how important free speech really is.” The Court issued a “Rule 41 Order” last week, and the students and district signed a final agreement today.

Student Statement Posted on Social Media Today

The three students released posts on social media today. The post is as follows:

“We were each disciplined by OVSD last year after we spoke at a school board meeting and expressed concerns about the individual overseeing the drama program. While anyone has a right to agree or disagree with what we said, no one had a right to blast out an email to the community defaming Jordan, claiming he “posted something against another student” such that the “police were called in” to deal with him. No one had a right to suspend Jordan and Haley and remove them from the school show for their speeches that night, and no one had a right to have Vinny escorted off of school property in front of our classmates. These actions were hurtful, and were done to retaliate against us for speaking an unpopular opinion to our elected officials.

As of this week, our disciplinary records related to this incident will be expunged, Jordan will be retroactively restored to his role as drama club President, and we will receive $100,000, which will be paid by the school district’s insurance carrier—not by taxpayers. Most of this is merely to reimburse us the cost of bringing a federal suit. A nominal amount will pay for Jordan’s defamation claim, and all three of us will receive a small amount for the violation of our right to free speech.

The expense and stress of this lawsuit should have been unnecessary. Last March, Joel Ready, our attorney at Cornerstone Law Firm, sent a letter to the School District demanding that this matter be resolved by expunging discipline related to this incident, and that a small amount be paid to cover the attorneys’ fees we had incurred up till then. The School District preferred to fight about this instead, and finally was forced to settle on the eve of trial.

It’s really important to the three of us that all of our classmates hear this message loud and clear: no one can silence you just because you are a student. You’re a citizen of the United States, and when you speak as we did—calmly, respectfully, in the forum set up for public comment—the government and its officials do not have the right to retaliate against you.

We hope this case will give other students courage to speak up for themselves, and to speak against what they see as wrong. We’re grateful for those of you who have supported us along the way, and to those of you who haven’t, we hope you’ll keep all of this in consideration with an open mind and continue to dialogue with us. That’s what the First Amendment is all about.”

Contact Us

If you’re dealing with an infringement on your First Amendment rights, call us today to discuss your case.