Disparagement of Competition, Lawyer’s Version.
No. 1,605 While traveling, I saw a personal injury lawyer’s ad on TV in another state. I was actually shocked. It stated that many attorneys accept personal injury cases who are unqualified. Some have never been in court, it stated. However, if you call the phone number provided, this firm will apparently tell you about […]
Does a Forgetful Litigant or Counsel Deserve a Phone Call Before a Case is Dismissed?
No. 1587 SHIN v. BRENAN 764 A,2d 609 (Pa. Super. 2000) WILLIAMS v. SCHOOL DISTRICT OF PHILADELPHIA, 870 A.2d 414 (Pa. Cmwlth. 2005). THOMPSON v. HOUSTON, 839 A.2d 389 (Pa. Super. 2003) FAISON v. TURNER, 2004 Pa. Super. 350 (2004). BANKS v. COOPER, 171 A.3d 798, 2017 Pa.Super. 304 (2017) In the recent Allegheny County […]
Real Estate Alert: Beware of Title Wash of Deed Reservations on Unseated Lands by tax sale deeds.
No. 1,549 HERDER SPRING HUNTING CLUB v. KELLER et al., 143 A.3d 358 (2016). WOODHOUSE HUNTING CLUB, INC. v. HOYT et al., 2018 Pa. Super 78 (2018). CORNWELL MOUNTAIN INVESTMENTS, LP et al. v. PROCTOR HEIRS TRUST et al., 2017 Pa. Super 74 (2017) There is an exception to the black letter law principle […]
Landlord-Tenant: Is August 7 the Busiest Day of the Year?
No. 1,545 As of 9 AM this morning, there are 45 Landlord-Tenant cases scheduled to be heard tomorrow, August 7. Arbitration takes a vacation in July and August, but 2 days are set aside in each month for Landlord-Tenant cases. Cases have been backing up and now we are going to have one very long […]
Pa. Supreme Court grants appeal to determine whether Philly can assess tax on soft drinks.
No. 1,408 The Pa. Supreme Court granted an allowance of appeal to determine whether the City can collect a “soda tax” when state sales tax is already imposed upon the product. LORA JEAN WILLIAMS et al. v. CITY OF PHILADELPHIA, 321 EAL 2017, 322 EAL 2017.
Vote Yes on the Judicial Retirement Constitutional Amendment
No. 1,288 Two newspapers on the other side of the State have editorialized against the ballot initiative to amend the Pennsylvania Constitution to raise the mandatory retirement age for judges from 70 to 75. The principal reason why they are against this measure is that the ballot doesn’t state that the current retirement age is […]
Electronic Trespass
No. 1,270 If you would like to read a legal analysis concerning whether the producers of Pokemon Go are guilty of trespass to land or perhaps creating an attractive nuisance, click on this link to a blog called Associate’s Mind. It sounds preposterous, the idea that imaginary Pokemon animals are trespassing on land. After all, […]
From the Archives: Philadelphia’s Mortgage Foreclosure Diversion Program — July 2008.
No. 1,200 In order to celebrate Post No. 1,200, I am reprinting one of the first posts I wrote in this blog, dated July 21, 2008. At the time, the effects of the mortgage bubble collapse were being felt, including in Pittsburgh. Hundreds of mortgage foreclosure actions were being filed followed by default judgments in […]
Supreme Court Amends Rules to Permit Minors to Sue and Be Sued in Magistrate’s Court Without Appointment of a Guardian
No. 1,140 IN RE; ORDER AMENDING RULES 801-816 AND 820 AND RESCINDING RULE 817 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE GOVERNING ACTIONS AND PROCEEDINGS BEFORE MAGISTERIAL DISTRICT JUDGES. Magisterial Rules Docket No. 382, March 13, 2015 It is now possible for a minor (defined as a person under age 18) to sue and be […]
Old Dogs/New Tricks and Other Bunk We Tell Ourselves.
No. 1,135 It is hard to think of an old adage that is more disempowering than this one. It is a negative idea, intended to discourage old dogs from even trying to learn something. In a rapidly changing world, this leads to the marginalization of some of our most experienced and capable people. As a […]
keep looking »