General

Divorce : How Will Your Property Be Divided?

February 16, 2010

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 …

Breach of Contract or Negligence Claim? The Gist of the Action Doctrine

February 8, 2010

By James Dalton

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.

You may still be able to pursue your claim: The Discovery Rule

February 1, 2010

By James Dalton

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

January 26, 2010

By UTBF

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 …

Joint Defense Privlege

January 18, 2010

By UTBF

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 …

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

January 11, 2010

By UTBF

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 …

Baseball Arbitration: Part II

December 22, 2009

By Stephen Lagoy

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

December 21, 2009

By Stephen Lagoy

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?

December 14, 2009

By UTBF

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

December 11, 2009

By Christopher Turner

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 …

We Listen.

Divorce : How Will Your Property Be Divided?

Breach of Contract or Negligence Claim? The Gist of the Action Doctrine

You may still be able to pursue your claim: The Discovery Rule

Mechanics Lien Law Update

Joint Defense Privlege

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

Baseball Arbitration: Part II

Arbitration Process for Rejected Chrysler and GM Dealers Is Now The Law

Will Insurers Bridge the Gap in Coverage for General Contractors under CGL Policies?

Your Obligations Under the PA Real Estate and Seller Disclosure Act

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