The Business Judgment Rule: Limited Protection For Corporate Decision Makers

Previously, I blogged about the “standing” requirements that must be satisfied if a shareholder or member of a corporation or other entity, like an LLC, wants to sue its officers, director or managers for mis- or malfeasance. That blog described the requirement for court certification that a plaintiff in such a derivative action adequately represents […]

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GM outlines arbitration process for dealer reinstatement arbitration

By: Stephen P. Lagoy General Motors is prepared to proceed with a Congressionally-mandated program that will allow 2000 of GM’s closed dealerships to appeal the closure decision through an independent arbitration process. Dealers who want to file for reinstatement must do so through the American Arbitration Association and commence arbitration by Jan. 25. Under the […]

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Your Obligations Under the PA Real Estate and Seller Disclosure Act

By: Christopher L. Turner It cannot be denied that the struggling economy has adversely affected the real estate market. As a result, some sellers of residential real property who are desperate to sell their property are failing to disclose known defects with their home. These defects cover a broad range and include, but are not […]

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Builder Beware: Commonwealth v. Cutler?

By: Nancy J. Glidden A recent matter that has captured the attention of homebuilders and homeowners alike is the decision by the Pennsylvania Attorney General’s office (“AG”) to enter into the realm of home defects. Commonwealth of Pennsylvania v. The Cutler Group, Inc. d/b/a The David Cutler Group, (“Cutler”),1 is a case recently filed by […]

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Recovery of Attorney Fees

By: John Fiorillo Litigation is expensive. The highest cost associated with litigation is usually the attorney’s fees. The costs of litigation is often a substantial factor in the decision to litigate as well as ultimately settle a case. As a consequence, the ability to recover costs and, in particular, attorney’s fees is of critical importance. […]

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New Form Act 6/91 Notice as of September 1, 2016

By: Kristen Wetzel Ladd The link below is a new form of the combined Act 6/91 pre-foreclosure notice, which must be sent at least 33 days (30 days plus 3 days for mailing) before commencing an owner-occupied residential mortgage foreclosure, or executing on a “residential mortgage obligation” (which can include a money judgment and/or conformed […]

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We can help you determine whether you are a candidate for an assessment appeal to reduce your real estate taxes.

By: John K. Fiorillo It’s that time of year again. The deadline for appealing tax assessments in Montgomery, Delaware, Chester and Bucks Counties is August 1, 2016. Any reduction is effective January 1, 2017. The deadline for Philadelphia is the first Monday of October. Your real estate taxes support your local school district, county and […]

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Direct Relation Test Challenged in PA Supreme Court – Why Disclosure for Confession is Essential

By: Kristen Wetzel Ladd A recent case challenging the denial of a petition to open a confessed judgment has been granted appeal by the Pennsylvania Supreme Court.  The case of Graystone Bank v. Grove Estates, 58 A.3d 1277, 2012 PA Super 274 (2012) has been appealed to determine the validity of the warrant of attorney […]

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Recent Pennsylvania Case Highlights Importance of Re-Stating Warrants of Attorney in Modification Documents

The recent Pennsylvania case The Bancorp Bank v. Mancini highlights the importance of re-stating warrants of attorney in modification documents involving Pennsylvania commercial loans.

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Execution on a Confessed Judgment Against Personal Property

By: Kristen Wetzel Ladd Pennsylvania law provides for two alternative methods of execution on a confessed judgment against personal property.[1] After judgment has been confessed and the creditor wants to proceed with execution, the creditor must decide whether to proceed with the 30 day notice procedure under Pennsylvania Rule 2958.1 or proceed with immediate execution […]

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What You Need To Know About The Recent Changes To The Rules of Civil Procedure Governing E-mail and Other Forms of Electronic Discovery

It was not so long ago that courts would not allow a litigant to access another litigant’s computer drives unless some sort of good cause – a likelihood of document destruction or tampering – was first shown.  The ever-increasing use of computers and e-mail forced courts to re-examine this requirement.  As a result, in 2010, […]

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PHFA Model Notice – No Safe Harbor – The Extensive Implications of Beneficial Consumer Discount Co. v. Vukmam

By: Kristen Wetzel Ladd The Pennsylvania Superior Court issued a recent decision which may impact many pending mortgage foreclosure actions and cause lenders to look more closely at notices that are sent. The case involved the question of whether the Act 91 Notice (required under 35 P.S. § 1680.403c) sent by Beneficial to a mortgagor – the […]

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Action Under Note vs. Mortgage Foreclosure

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