Second Offense DUI….Do I have Options?
By: Christoper L. Turner If you are arrested for driving under the influence of alcohol (DUI), and this is your second offense, you may be wondering if you have options concerning sentencing. In other words, is there any alternative punishment options to the mandatory penalties imposed under the DUI laws? Fortunately, there are. The …
Will Outside Employment Affect Your PSERS Retirement Benefits?
The question of whether outside employment will impact your retirement benefits under the Public School Employees’ Retirement Code (“Retirement Code”) is one to consider carefully when reporting retirement contributions to the Public School Employees’ Retirement System (“PSERS”). Typically, teachers, administrators and other personnel employed in the Pennsylvania Public School System are eligible for membership in …
Managing Exposure Through Carefully Crafted Arbitration Clauses
Pennsylvania businesses seeking to minimize class action exposure and generally seeking to enforce arbitration provisions should be aware of a recent decision issued by the Federal District Court for the Eastern District of Pennsylvania, Clerk v. Ace Cash Express, Inc.. Historically, Pennsylvania courts have enforced arbitration provisions in contracts. Recently, the Court (applying Pennsylvania law) …
Baseball Arbitration: Part III
By: Stephen P. Lagoy Baseball arbitrations (see previous blog posts here and here) have become increasingly rare as the owners and players opt to negotiate a contract rather than place their fate in the hands of an arbitration panel. The only exception thus far this year has been the case of
Divorce : How Will Your Property Be Divided?
Upon the request of either party in a divorce action , a court shall divide, distribute or assign, the marital property between the parties without regard to marital misconduct in such percentages and in a manner that the court deems proper. In dividing marital property, which is defined as property acquired during the marriage, the …
Buying at a Pennsylvania Sheriff’s Sale
Every County in Pennsylvania conducts periodic sheriff’s sales of real estate. The sales are conducted in an auction format with open bidding. The properties at sale are being sold as the behest of a creditor attempting to recover money owed. While there are numerous opportunities, there also exist numerous risks.
Breach of Contract or Negligence Claim? The Gist of the Action Doctrine
Your right to sue, and the legal remedies available to you, depend not only on the particular facts of your case, but also on the legal basis or theory of your claim.
1400 GM and Chrysler Dealers Request Arbitration
By: Stephen P. Lagoy The American Arbitration Association reports that more than 1400 auto dealerships have already applied for arbitration under the government-mandated program for terminated dealerships. AAA will assemble panels to decide the cases over the next 6 months but expects that many cases will settle. For more on the reaction of both …
You may still be able to pursue your claim: The Discovery Rule
By: James C. Dalton Statutes of limitation require that legal claims be filed in court within a specific time period after the claim arises. A claim for breach of contract, for example, must be brought within four years of when the breach occurred and a claim for personal injuries due to negligence is subject …
Mechanics Lien Law Update
Contractors, subcontractors and material providers have various legal remedies for protecting themselves against general contractors and/or property owners who fail to pay for construction services and materials. One of these remedies is the Pennsylvania Mechanics Lien Law. This law permits contractors, subcontractors and material men, under some circumstances, to place a lien on the real …