From high exposure, multi-million dollar legal disputes to minor claims, litigation imposes a significant burden upon individuals and businesses. The added financial costs of a legal case coupled with the stress on our clients' daily lives, demands an approach to litigation that is client-focused and cost effective. At Davison & McCarthy, we strive to reduce the intrusion of litigation into our clients' affairs by gaining an early, thorough understanding of the clients' business, identifying the legal issues affecting them and addressing all other threshold concerns. We scrupulously analyze the factual basis for the claims, develop a legal strategy and implement the plan as expeditiously and efficiently as possible to achieve our clients' objectives. Often, we can reach an early accord through direct dialogue with the opposition or by utilizing mediation or other forms of alternative dispute resolution.

If an early resolution is not effectuated, we will be ready to aggressively litigate our clients' case at trial or on appeal. We are truly passionate about our role as advocates on our clients' behalf. To this end, we will carefully conform and implement our legal strategy to be consistent with our clients' litigation goals and risk tolerance.

Our positive problem-solving approach allows our clients to serve as a central part of the litigation team, informed every step of the way.

Our litigation counsel also provide advice to businesses and individuals alike regarding preventative measures and risk reducing strategies. Based upon many years of experience, our litigation counsel can provide our clients with tactical approaches to avoid, or significantly reduce, exposure in this increasingly litigious society.

Complex & General Commercial Litigation

Large corporations, medium and small size businesses, entrepreneurs and individuals rely upon Davison & McCarthy to resolve commercial disputes that may wind up in litigation.

Our trial lawyers have handled the following types of matters:

  • Contract disputes
  • Partnership, corporate and other business entity disputes
  • Preliminary Injunctions and other equitable relief
  • Fraud, interference with contract, breach of fiduciary duty, unfair competition and other business torts
  • Breach of covenants not to compete
  • Trademark Infringement
  • Franchise Law Disputes
  • Uniform Commercial Code Matters
  • Financial Industry Regulatory Authority (FINRA), securities and other complex financial litigation matters

Petroleum Marketing

Our attorneys represent businesses in litigation matters involving the petroleum industry. We have extensive experience in representing businesses in disputes under the Petroleum Marketing Practices Act. Based upon our in-depth knowledge of the petroleum industry and experience in handling all types of claims, we have developed a prompt and efficient method of resolving disputes. We have prosecuted and defended claims for our petroleum industry clients in both State and Federal Courts and in the U.S. Territories.

Healthcare Litigation

Our clients turn to us for numerous healthcare-related litigation matters, including:

  • Guardianship issues
  • Nursing home & Medical Assistance disputes
  • Commercial and contract matters
  • Regulatory investigations, compliance and licensing issues
  • Enforcement of state and federal regulations and laws
  • Employment issues
  • Medical and professional malpractice
  • Dissolution of or separation from medical practices

We serve as lead outside counsel for a major hospital and physician network for guardianship issues, end of life concerns, medical ethical matters, internal policies and procedures and other healthcare related issues.

Personal Injury Matters

Davison & McCarthy handles personal injury claims where the rights of the injured victim will be vigorously pursued with zeal and sensitivity to the often tragic circumstances. These personal injury litigation cases include:

  • Catastrophic injury matters
  • Wrongful death and survival claims
  • Motor vehicle accidents
  • Negligent supervision
  • Professional malpractice
  • Premises liability accidents
  • Workplace injuries
  • Trip and fall cases
  • Defective product claims
  • Toxic tort injuries
  • Assault and battery cases
  • Social host liability matters

Real Estate Litigation

We represent real estate clients in all aspects of litigation including:

  • Real property transaction issues
  • Commercial and residential leasing matters
  • Broker disputes
  • Title insurance coverage issues
  • Property rights issues
  • Damage to real property
  • All aspects of title claims
  • Land use litigation, zoning, real estate development and related litigation
  • Eminent domain and condemnation

Employment Litigation

We handle a wide variety of employment-related litigation such as:

  • Employment contract disputes
  • Employment discrimination and Title VII claims
  • Trade secrets
  • Defamation
  • Breach of covenants not to compete
  • Preliminary injunction and other equitable relief
  • Sexual harassment
  • Wage and hour claims
  • Wrongful discharge
  • Privacy laws
  • Whistleblower and retaliation claims

We also provide businesses and individuals with advice for reducing risk and taking preventative measures in an employment context regarding the drafting of employment agreements, negotiation of compensation, independent contractor issues, severance and termination issues and other legal counseling to help prevent litigation.

Construction Litigation

We represent clients in all aspects of the construction industry including developers, general contractors, subcontractors, property owners and all aspects of construction litigation and risk management including:

  • Construction contract claims
  • Contract performance and termination issues
  • Negligent design and defective goods and services in a construction context
  • Mechanics' liens
  • Binding arbitration and mediations
  • Early dispute resolution and risk management advice

Orphans' Court Litigation

Davison & McCarthy handles litigation matters related to the management and distribution of estates, trusts and guardianships. These matters are often complex and have intricate family and other dynamics. We often utilize a team approach involving the expertise of both our wills, trusts and estates attorneys along with our litigation attorneys to address these controversies. We handle guardianship petitions, court ordered accountings and objections thereto, petitions for removal, surcharge actions, challenges to wills, trust agreements and other legal instruments and the adjudication of other matters in Orphans' Court.

Appellate Litigation

We have extensive appellate experience in both the State and Federal Courts involving all types of litigation issues. One of our firm partners is a former Lehigh County Trial Judge and many of our attorneys have served as law clerks in both the trial and appellate courts.