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CCBA Board Approves Mediation Program

By: Stephen P. Lagoy At its September 15 meeting, the Board of Directors of CCBA approved the creation and implementation of a voluntary mediation program to be administered by the Bar Association.  The program design is the product of CCBA’s Alternative Dispute Resolution Section, the members of which worked on the concept for the past …

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Why Mediation

By: Stephen P. Lagoy Elsewhere in this issue you will read that CCBA has adopted a Mediation Program to be launched in 2011.  Some of you may ask, what is mediation?  What do mediators do?  Why should I care?  This article is intended to answer those questions. Mediation may be defined most simply as facilitated …

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ADR In The Superior Court – An Outline Of The Appellate Mediation Program

By: Nancy J. Glidden The Pennsylvania Superior Court established an Appellate Mediation Program in October of 2006. Though initially limited to appeals pending in the Eastern District, the Program was expanded in September 2008, to include the Court’s Western District. The Program serves the dual purpose of providing litigants with an Alternative Dispute Resolution (“ADR”) …

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Confessions of Judgment

By:   Nancy J. Glidden A confession of judgment provision in a commercial lease can be an efficient means for a commercial landlord to obtain a judgment for damages when a commercial tenant defaults on lease obligations.   In representing a landlord, however, great care must be taken in determining the time frame and damages for …

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Personal Liability for LLC Debts

By Nancy J. Glidden In re LMcD, LLC, 405 B.R.555 (M.D. PA, 2009), is a good read for its analysis of several theories of liability, because it underscores the importance of being mindful of the capacity in which business dealings are conducted, and because it illustrates the consequences that flow from blurring the distinctions …

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Joint Defense Privlege

    Attorneys hoping to minimize cost and increase efficiency for their clients will often engage in communications or joint defenses with their 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 …

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Mechanics Lien Law Update

Some of the October 2009 changes to the PA Mechanics Lien Law apply to a contractor or subcontractor’s ability to waive the right to a mechanics lien on “residential building.”  This is important because, if the right can be waived, owners and general contractors will sometimes compel contractors to waive this right.  Prior to 2007, …

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Pennsylvania Supreme Court affirms Shaffer Decision by Commonwealth Court – Beware of Potential Impacts upon Planned Communities

The Pennsylvania Supreme Court recently affirmed, without opinion, the Commonwealth Court’s decision in Shaffer v. ZHB of Chanceford Township, – A.2d – (Pa. Cmmw. Ct. 2008) holding that the purported division of a tract of land into units, by filing a Declaration and plan under the Pennsylvania Uniform Planned Community Act (the “UPCA”) and the transfer …

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State Agency Contracts

Prospective bidders who wish to challenge the Commonwealth’s award of a bid must do so through the Prelitigation Resolution of Controversies procedure described at 62 Pa. C.S.A. Secs. 1701- 1726. This procedure requires that any prospective bidder’s protest: … be filed with the head of the purchasing agency within seven days after the aggrieved bidder …

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Do you keep horses on your property?

Many Chester County residents use their property, in whole or in part, for various types of equine activities. Regardless of whether such use is of a personal or a commercial nature, these activities pose a variety of risks to property owners, riders and trainers. As a result, those involved in these activities should carefully consider …

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