We Listen.

Builder Beware: Commonwealth v. Cutler?

By: Nancy J. Glidden sup {vertical-align:super;font-size:smaller;padding-right:2px;} A recent matter that has captured the attention of homebuilders and homeowners alike is the decision by the Pennsylvania Attorney General’s office (“AG”) to enter into the realm of home defects. Commonwealth of Pennsylvania v. The Cutler Group, Inc. d/b/a The David …

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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 …

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Exactly How Confidential Is The Mediation Process?

By: Nancy Glidden Pennsylvania’s Mediation Statute protects from the discovery process, communications occurring during mediation, and also documents that are created during mediation.  A few limited exceptions to confidentiality are identified in the Statute, which exceptions apply in circumstances where there are: Later legal proceedings to enforce a mediation agreement Felonious threats of bodily …

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Real Estate “Offer” vs. Contract

By: Nancy J. Glidden With the approach of Spring and Summer comes a more active residential real estate market. The process of buying or selling a home may have become just a little more complicated due to the recent decision handed down by the Pennsylvania Superior Court in Trowbridge v. McCaigue. Buyers, sellers, and …

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Managing Exposure Through Carefully Crafted Arbitration Clauses

By: Nancy J. Glidden 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, …

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Case Underscores The Importance Of Adhering To Business Formalities When Conducting Business – In Order To Avoid Personal Liability

By: Nancy J. Glidden 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. …

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"I Confess! I Made a Mistake"

By: Nancy J. Glidden  Pennsylvania’s liberal rules concerning the amendment of pleadings aren’t so liberal in the context of complaints for confession of judgment. When filing a complaint in confession of judgment, if a mistake is made in calculating the amount of damages or the time period in which damages accrued, an …

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eBay Users Read Before You "Click"

By: Nancy J. Glidden It is not unusual when registering for something on-line to “click” a box by which you agree to accept certain terms governing the transaction. Before you “click” the box, have you actually read what it is you are agreeing to? Increasingly eBay users are surprised to learn that if a …

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Can My Appeal Be Mediated?

By: Nancy J. Glidden Many litigants and counsel may not be aware that a process for alternate dispute resolution exists in the Superior Court during the pendency of an appeal. The Pennsylvania Superior Court has an “Appellate Mediation Program.” The Program provides a potential means for resolving disputes that is faster, more economical, and …

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A Residential Real Estate "For Sale by Owner" caution

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 …

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