Joint Defense Privlege
Attorneys hoping to minimize cost and increase efficiency for their clients will often engage in communications or joint defenses with co-defendants. This is often done either informally or with the use of formal joint defense agreements. Although this practice is fairly common, there has been relatively little guidance from the court on issues raised, such …
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 …
Are you paying too much in real estate taxes?
By: John K. Fiorillo We can easily and quickly assist you in evaluating whether your property is over assessed. Your real estate taxes usually support your local school district, County and in many instances, your local municipality. Two things factor into your real estate taxes; your tax rate and your assessment. The tax rate …
Case Underscores The Importance Of Adhering To Business Formalities When Conducting Business – In Order To Avoid Personal Liability
When can a member of a closely held LLC be held personally liable for the LLC’s debts? According to the U.S. Bankruptcy Court for the Middle District of Pennsylvania, liability is established when a member deals with creditors personally, without identifying himself or herself as an agent for the LLC. In the case In re …
PA Protection from Abuse Act
By: Christopher L. Turner In Pennsylvania, protection from abuse matters are governed by the 1976 Protection from Abuse Act (the “Act”), the Pennsylvania Administrative Code, and the Pennsylvania Rules of Civil Procedure. The Act outlines the circumstances under which a protection from abuse order can be granted, while the Pennsylvania Administrative Code requires, among …
GM and Chrysler Dealers Can Arbitrate
By: Donald C. Turner Was your dealership terminated by GM/Chrysler? The United States Congress, as part of a $1.1 trillion spending bill, has voted to give terminated General Motors and Chrysler dealers the right to challenge their terminations through arbitration. This legislation requires the arbitrator to balance the economic interest of the covered dealership …
Baseball Arbitration: Part II
By: Stephen P. Lagoy At this time of year, sports pages are filled with articles about whether or not major league baseball teams have “offered arbitration” to their free agent players. What does this mean and what are the implications of the decision? For a primer on this subject, see http://bats.blogs.nytimes.com/2009/12/01/the-arbitration-decision/. For a …
Arbitration Process for Rejected Chrysler and GM Dealers Is Now The Law
By: Stephen P. Lagoy The President has signed into law a program giving closed auto dealerships access to neutral arbitration if they want to be reinstated. The process begins immediately and is expected to take six and one half months. For more information on how the auto dealer arbitration process will work see:
Will Insurers Bridge the Gap in Coverage for General Contractors under CGL Policies?
In a recent post, we discussed the impact of Kvaerner Metals v. Commercial Union Ins. Co., 908 A.2d 888 (Pa. 2006), upon general contractors and others vis-à-vis the coverage afforded by commercial general liability policies for claims involving damage caused by faulty workmanship. In light of that decision, insurance coverage for such claims no longer …
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 …