Litigation

By: Anthony T. Verwey

Read my recent blog about charter schools being subject to real estate taxes.

For more information, contact Anthony Verwey.

By: James C. Dalton

More often than not, the answer to the question posed above is “No”. The general rule in American courts provides that each party to a lawsuit is responsible for paying their own attorneys fees, unless one of the following exceptions applies:

A statute or rule of court authorizes the recovery of fees (for example, consumer protection and anti-discrimination laws provide for the recovery of “reasonable fees” under certain circumstances), or

A clear agreement between the parties in a document provides that the prevailing party may recover fees (for example, a contract, lease or other document that refers specifically to attorneys fees. Note, however, that general language regarding “costs” is not enough).

While the American rule can be criticized for favoring the party with “deeper pockets” and forcing some litigants to compromise otherwise valid claims in order to avoid the cost and delay of litigation, it remains the law and is a factor in every case. The potential cost of litigation, and availability of exceptions to the American rule allowing recovery of counsel fees, should be discussed with an experienced litigation attorney before a claim is filed.

Please contact James C. Dalton for further information.

By: Daniel P. Dwyer

The economic conditions of the past two years have caused many shareholders or members of corporations and other entities to review management’s actions in a critical light. These reviews, almost inevitably, will result in claims for mismanagement or malfeasance that will lead to litigation. Both the plaintiffs and the defendants in these matters should be aware of the preliminary requirements that Pennsylvania law imposes on claimants. These requirements include the making of a formal demand on the entity prior to litigation and obtaining court certification as an appropriate plaintiff after litigation is commenced. The courts that apply these rules have identified exceptions to these requirements. However, the courts have given little guidance on just how far they will apply these exceptions. If you anticipate either bringing or defending such claims, and want to discuss these requirements and their exceptions, please contact our office.

By: Stephen P. Lagoy

Stephen P. Lagoy

It has been estimated that, if all costs are included, Fortune 500 Companies’ total litigation costs average about one-third of their after-tax profits!  This fact has led large corporations to increasingly utilize creative non-traditional approaches to dispute resolution.  One advantage of private dispute resolution is that the parties can customize the process by which the dispute will be resolved rather than having the process imposed by the Federal or State Rules of Civil Procedure.  This can result in substantial savings.  For example, some corporations submit claims to mediation early in the process – in some cases, before suit is filed — before full-blown (translation: expensive) discovery has taken place.  Parties agree to narrow the scope of discovery to a limited amount of information seen as critical to the resolution of the dispute.   For disputes settled at this stage, the discovery cost savings can be substantial.

For more information on how ADR can help you, please contact our office.

By: Stephen P.  Lagoy

You may find interesting retired Justice O’Connor’s view on arbitration in this excerpt from the August 10, 2009 on line edition of the Wall Street Journal:

WSJ: Has your circuit service affected your views of mediation, arbitration and other alternatives to litigation?

Justice O’Connor: Well, I have been a strong advocate for alternative dispute resolution ever since I was a state court judge. I found a need for alternative dispute resolution and I found it more satisfactory in many cases for the litigants than going to court. For instance, the mediation of a case means that each side gets to meet separately with the mediator and tell him just what they think without objections and interruptions from counsel. They get to tell their story as they want to tell it. And that is so therapeutic for them. The mediator had to get to the nub of it and eliminate the stuff they shouldn’t consider. But in terms of the litigants themselves, we know that very often it is more satisfactory to them to have gone through that process than through an ordinary trial court process. And depending on the circumstances it might be much less expensive. But it depends on the state and the system and the whole ball of wax. It could be just as expensive and just as frustrating. But I think in general terms it’s provided a welcome alternative to litigation.

Read the full article here.

For more information on how arbitration and other forms of alternative dispute resolution could help you, please contact our office.

By: Nancy J. Glidden

In this difficult real estate market selling a home without using a realtor or attorney may seem like a good idea. The money saved, however, can easily be paid out in legal fees and damages if a seller fails to comply with certain statutory duties.

Did you know that in Pennsylvania, residential real estate sales require a homeowner/seller to provide a Real Estate Seller’s Disclosure? Conversely, if you are buying a home, have you been provided with a Real Estate Seller’s Disclosure?

For a seller, failing to comply does not invalidate the sale, but it does expose a seller to liability for damages sustained by a buyer. For a buyer who purchases a home without having received a proper disclosure, unanticipated expenses could mount to repair problems with the home that should have been disclosed prior to the sale. Often these matters wind up in litigation.

If you do not know what a Real Estate Seller’s Disclosure is, how to complete one to properly discharge your disclosure duties, how to interpret a disclosure that has been provided to you, or what to do if you are experiencing problems with your home that were not disclosed, you may want to consider consulting an attorney.

For more information on the legal rights and responsibilities associated with residential home purchases and sales, contact our office.

Welcome to the Litigation Section’s blog. Our firm is located in West Chester, Chester County, Pennsylvania, and Phoenixville, Chester County, Pennsylvania. This blog is intended to provide a litigator’s perspective on a wide range of specific legal issues, along with commentary on emerging legal trends. The content is intended to be useful to individuals and small businesses wanting to learn more about exposure to liability, avoiding liability, the process of civil litigation, and alternative dispute resolution options.

Disputes arise in a variety of settings. Our team of litigators is experienced in contract and business disputes, employment, real estate, banking and creditor’s rights, construction, mortgage foreclosures, commercial leasing, and estate and orphan’s court matters.

We invite you to bookmark and visit this site regularly, or you may use the box on the right to subscribe and receive regular email updates as site content changes. You can choose to receive updates through RSS feed or regular email. Should you have a specific legal concern that you need legal assistance in resolving, you are encouraged to contact us for an appointment and consultation.

For more information on our practice, please click here.

Brian D. Boreman

James C. Dalton

Daniel P. Dwyer

Nancy J. Glidden

John K. Fiorillo

Daniel M. Hanifin

Stephen P. Lagoy

Shannon M. Reilly

Christopher L. Turner

Donald C. Turner