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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The Business Judgment Rule: Limited Protection For Corporate Decision Makers

By: Daniel P. Dwyer 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 […]

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

By: Dan Dwyer 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 […]

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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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The Utility of Confessed Judgments

By: Kristen Wetzel Ladd Pennsylvania is one of the few states that allows judgment to be entered by confession in connection with a commercial credit transaction. Obtaining judgment by confession is desirable for a creditor in that it is usually easier, faster, and less costly than acquiring judgment through normal litigation procedures. There are several […]

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Recent Changes in Pennsylvania Powers of Attorney “POA’s”

By: Nancy J. Glidden Powers of Attorney (“POA’s”) are authorized under Pennsylvania law and are integral to many types of transactions. The Pennsylvania Supreme Court’s relatively recent decision in Vine v. Commonwealth of Pennsylvania[1], however, has injected uncertainty into the immunity afforded when a third party acts in good faith reliance upon a POA. Section […]

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Acquiring Judgment Liens in Pennsylvania and Enforcement of Judgments

As the holder of an unsecured debt (that is, a debt which is not secured by a mortgage on real estate or a security interest in personal property), how does a creditor proceed with collecting its debt in the event that its borrower ceases payment? The first step is…

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Protecting with Insurance because of Employee Theft

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Exactly How Confidential Is The Mediation Process?

By: Nancy J. Glidden Read my recent blog about Exactly How Confidential Is The Mediation Process? . For more information, contact Nancy Glidden.

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