Monthly Archives: July 2006
Pennsylvania’s Implied Consent Law
At social gatherings the presence of alcoholic beverages is common, and many people believe that they can have a couple of drinks and still be in reasonable condition to drive home. While consuming one or two drinks may not render you “legally” intoxicated, there is… Continue reading
Why Was O.J. Acquitted?
At the risk of having the Law Update take on a controversial topic, why was O.J. Simpson acquitted? More than a few people have asked this question, and there are many possible explanations. Let’s explore one.The pundits in the news media are suggesting that Mr.… Continue reading
Co-Ownership of Real Estate: Title Matters
In Pennsylvania, title to real estate can be held by co-owners in various ways – as tenants in common, as joint tenants with right of survivorship, as tenants by the entirety and as tenants in partnership. We are commonly asked what the differences are among… Continue reading
Dram Shop Litigation
In the past decade a major body of law has developed around accidents involving people who have been served alcoholic beverages in restaurants and bars, the so-called “dram shop” cases. Our courts have determined that if the owner of a bar serves an alcoholic beverage… Continue reading
Watch Those Limitation Periods!
Did you know that different types of lawsuits are subject to different statutes of limitation? For example, in Pennsylvania a case for libel or slander, sometimes called “defamation”, must be brought within one year following the defamatory conduct. This is a relatively short statute of… Continue reading
Spouse’s Guaranty May Be Unenforceable
Recent court cases have held that under the Equal Credit Opportunity Act, a commercial lender is not allowed to require the spouse of a business borrower to act as a guarantor or surety of a business loan. For example, if your company takes out a… Continue reading
Federal Estate Taxes and Life Insurance: Choose the Owner and Beneficiary Carefully
Who should be the owner and beneficiary of your life insurance policy? The answer depends on tax and property considerations. A life policy is issued to an “applicant” who may be the insured, a spouse, a trustee of a trust, or another person having an… Continue reading
Signing Papers for a Corporation
One of the advantages of doing business in the corporate form is limited liability – as a general matter, liability for contracts and damage claims is limited to the assets of the corporation, thereby shielding the assets of its shareholders from such claims. If you… Continue reading
The “Good” Divorce
In divorce matters, we sometimes see conduct that is needlessly destructive to the divorcing spouses and their children. Divorce is an unhappy reality and the number of divorces continues to grow. Couples must try to keep the negative fallout of the process to a minimum… Continue reading
The Truth About Notarization
Many people believe a notarized statement or document is more likely to be true or accurate. Not necessarily.Notarization simply means that a notary public (a state officer) witnessed the named person sign the document or statement. Notarization does not mean that the contents of the… Continue reading