§ 8340.14. Scope of subchapter.

374 words·~2 min read·/pa/title-42/chapter-83/8340-14

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Coverage.-- Except as provided in subsection (b), this subchapter applies to a cause of action based on protected public expression.

(b)Exclusions.-- This subchapter does not apply to any of the following claims asserted in a civil action:

(1)Against a government unit or an employee or agent of a government unit acting in an official capacity.

(2)By a government unit or an employee or agent of a government unit acting in an official capacity to enforce a law, regulation or ordinance.

(3)Against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services.

(4)Seeking damages for bodily injury or death unless the claim:

(i)is for:

(A)defamation;

(B)publication of private facts;

(C)false light invasion of privacy;

(D)misappropriation of likeness; or

(E)intentional or negligent infliction of emotional distress; or

(ii)arises solely from a communication on a matter of public concern.

(5)Arising under any of the following:

(i)23 Pa.C.S. Ch. 61 (relating to protection from abuse).

(ii)Chapter 62A (relating to protection of victims of sexual violence or intimidation).

(iii)The act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.

(6)Arising under an insurance contract.

(7)Asserting misappropriation of trade secrets or corporate opportunities against the person that allegedly misappropriated the trade secret or corporate opportunity.

(8)Enforcing a nondisparagement agreement or a covenant not to compete against a party to the agreement or covenant.

(9)Arising out of the internal affairs, governance, dissolution, liquidation, rights or obligations between or among stockholders or partners. This paragraph includes the interpretation of the rights or obligations under the governing organic law, articles of incorporation, bylaws and agreements.

(10)Liability or indemnity of managers of business corporations, partnerships, limited partnerships, limited liability partnerships, professional associations, business trusts, joint ventures or other business enterprises. This paragraph includes the interpretation of the rights or obligations under the governing organic law, articles of incorporation, bylaws or agreements.

42c8340.14v

Cross References. Section 8340.14 is referred to in section 8340.13 of this title.

42c8340.15s