Pennsylvania’s Medical Marijuana Act was enacted in May 2016 (the “Act”). Under the Act, patients with serious medical conditions, such as cancer, HIV/AIDS, Parkinson’s Disease, Multiple Sclerosis, and severe chronic or intractable pain, are authorized to use medical marijuana to treat their condition after obtaining a certification from a physician and an identification card issued… Continue Reading
In Pennsylvania, residential and commercial lease agreements are governed not only by the terms of the lease itself, but also by the Landlord and Tenant Act of 1951, 68 P.S. §§ 250.101, et. seq. When a lease term ends, the landlord is required to provide a tenant with a list of damages caused to the… Continue Reading
Cyber security has become a growing concern for individuals and businesses across the nation. Undoubtedly, you’ve heard about breaches at Target, Wal-Mart, J.P. Morgan Chase, Home Depot, Apple, and Neiman Marcus. Hundreds of thousands of people had their names, social security numbers, financial information, and other sensitive data stolen and used unlawfully. Theft of consumer… Continue Reading
The Truth in Lending Act was passed by Congress in order to help consumers “avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing.” The Act permits borrowers to rescind a loan three business days following the “consummation of the transaction or the delivery of the information and… Continue Reading
The Pennsylvania Legislature recently enacted legislation which amends portions of the Mechanics’ Lien Law, 49 P.S. § 1101, et. seq. (“MLL”), and provides a statutory fix to the Kessler decision. The Superior Court of Pennsylvania’s decision in Commerce Bank/Harrisburg, N.A. v. Kessler, issued in May 2012, caused a fundamental change in the industry’s understanding that… Continue Reading
A recent case decided by the District of Columbia Court of Appeals has sent shockwaves through the Mortgage Lending Industry and given hope to Condominium Associations and Homeowners Associations at the same time. The issue in Chase Plaza Condominium Association, Inc. v. JP Morgan Chase Bank, N.A., concerned the statutory “super-priority” lien established in the… Continue Reading
Of paramount importance to determining the deadline to file a Mechanics’ Lien Claim is the date of last work performed by the prospective claimant. A lien claim must be filed no later than six months after the claimant’s date of last work – lien claims filed after six months are time barred and will be stricken by any Court. As a result, the question of what constitutes “work” within the Law’s definition of “last work” has been the subject of much litigation, but without much guidance in the form of binding precedents from Pennsylvania’s Appellate Courts.
This blog is part of an ongoing series discussing the Pennsylvania Mechanics’ Lien Law. For more information on Mechanics’ Liens in Pennsylvania, click here. For decades in Pennsylvania, there was a lack of clarity as to when Mechanics’ Lien Claim rights attached to a project where the work and materials provided were for the demolition, removal… Continue Reading
This blog is part of an ongoing series discussing the Pennsylvania Mechanics’ Lien Law. For more information on Mechanics’ Liens in Pennsylvania, click here. For decades, Mechanics Lien Claims filed under the Pennsylvania Mechanics’ Lien Law of 1963 were reviewed scrupulously by the courts. Because Mechanics’ Lien Claims were considered “creatures of statute” in derogation of… Continue Reading
On March 13, President Obama directed the Labor Department and its secretary, Thomas E. Perez, to modify existing Federal Overtime Regulations under the Fair Labor Standards Act (“FLSA”).