On Friday, February 25, 2016, United States District Court Judge Stengel issued a written opinion dismissing former Pennsylvania State University coaches Joseph “Jay” Paterno’s and William Kennedy’s lawsuit against their former employer, Penn State. In Paterno, et. al v. The Pennsylvania State University, No. 14-4365, former Penn State assistant coaches Paterno and William commenced litigation… Continue Reading
The Honorable Karen Shreeves-Johns of the Court of Common Pleas of Philadelphia recently ruled that a primary care physician cannot be qualified to testify as an expert on laser spine surgery. The case involved a motor vehicle accident in which the plaintiffs sought to have a Family Practitioner testify with regard to the necessity for… Continue Reading
An initial meeting was held in late February 2015 to update classroom and behind-the-wheel training requirements for professional truck and bus drivers. The Advisory Committee for this meeting was formed by the U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA). In December 2014, the FMCSA initially announced that they would be forming a… Continue Reading
There are few among us who have not, through either direct experience, reading the paper or watching the eleven o’clock news, dealt with or heard about home improvement contractors who have done anything but improvement work. Whether a contractor takes deposit monies and runs (having never bothered to show up to do the work), does… Continue Reading
From time to time, a “lodging package marketer” or “prepaid vacation provider” makes the news, with consumers claiming that such entity engages in tactics such as: Vacation packages that are provided (often at a steep fee) ultimately do not measure up to what was expected; Strong-arm sales pitches, with consumers given no time to think… Continue Reading
“The Apology Bill,” or “the Benevolent Gesture bill,” passed the House 200-0 on October 22, and was signed by Governor Corbett on October 23. This new law is the culmination of eight years of proposed legislation. It does not allow mere statements of an apology to be admissible at trial, but does allow statements that include an admission of negligence or fault.
In Pennsylvania, “The Landlord and Tenant Act of 1951” (“The Act”) governs all residential leases entered in Pennsylvania. The Act provides certain terms in the relationship between a landlord and tenant that cannot be waived by the tenant, even where the written lease has provisions contrary to the Act.
A Mechanics’ Lien Claim can present problems for Owners seeking to sell or refinance a home or other real estate. Likewise, higher-tiered Contractors and Subcontractors can encounter headaches where a Subcontractor files a Lien Claim of questionable legitimacy or for defective work, jeopardizing the Contractor’s reputation or relationship with customers.
A 2006 Supreme Court Case arising from a story most laypeople learned from supermarket tabloids reaffirms an age old exception to the jurisdiction of the Federal Courts. As many people know, deceased model and celebrity personality Anna Nicole Smith (then aged 26) married billionaire Oil Industry magnate J. Howard Marshall when Marshall was 89 years of age. Famously, the marriage lasted fourteen months, until Marhsall’s death, leading many to comment that Marshall must have died a happy man. Following Marshall’s passing, Smith (whose real name was Vicky Lynn Marshall) became embroiled in a protracted dispute over the estate of her late husband with the deceased billionaire’s son and her own adult step-son, E. Pierce Marshall.
In Pennsylvania, where a “cloud” upon a title to real property exists, a party may initiate a civil action in order to adjudicate rights to the property. Such actions fall under two related kinds: 1) Actions to Quiet Title, and 2) Actions in Ejectment.