Category: Newsletters

Derivative Actions – II

In last February’s issue of the Newsletter we touched on the right of a shareholder of a corporation to bring a lawsuit on behalf of the corporation against a third party, when the corporation refused to do so. These so-called derivative lawsuits are most often… Continue reading

Delaware County Reassessment

In January 17, 2017 , Judge Burr of the Delaware County Court of Common Pleas ordered a county-wide reassessment for all real property in Delaware County. The County has been using 1998 “base year” values for all properties, which certain taxpayers alleged was no longer… Continue reading

Enforcing Judgments Against Personal Property

If you bring a lawsuit and obtain a money judgment against someone, the judgment itself does not require him or her to actually pay you. If the defendant does not pay you voluntarily, you would still have to seek the court’s help to enforce your… Continue reading

Liquor License Citations

Sale of alcohol is regulated by both the federal government and the Commonwealth of Pennsylvania (in the latter case via the Liquor Control Board). Before a restaurant, bar, deli, brewery, hotel or similar establishment can legally sell alcohol in Pennsylvania, it must obtain a proper… Continue reading

Protection from Mortgage Due on Sale Clauses

Mortgages almost universally have “due on sale” clauses in the event that a mortgaged property is transferred, which require that the entire “accelerated” balance of the mortgage be paid at the time of the transfer. This is fine in the case of a sale of… Continue reading

Update: The Pennsylvania Superior Court Decides Landlord/Tenant and Real Estate Liability Law

The Pennsylvania Superior Court, which is an intermediate level appellate Court, recently issued two decisions which should be of interest to persons who are landlords, tenants or customers at business real property. In a case entitled Echeverria v. Holly, the Court was faced with the… Continue reading

Latin Lovers De Facto and De Jure

Recall the scene back in 1981 when a deranged John Hinckley shot Ronald Reagan in a botched assassination attempt in front of a Washington hotel. Reagan was rushed to the hospital and made a speedy recovery. In the immediate aftermath of the shooting, then Secretary… Continue reading

Ownership of Joint Accounts vs. Will Expectations

Many times, upon the death of an account holder, issues arise as to who owns a joint account. The rules are straight-forward and are set forth in Pennsylvania’s “Multi-Party Account Act” (the “Act”). An important part of estate planning involves recognizing the results of joint… Continue reading

Whither the Death Tax

With a new President coming and with Republicans to control the House and Senate there is a distinct possibility that the estate tax will be repealed.  Indeed one expert, Michael Graetz, who teaches at Columbia Law School, is quoted in the Wall Street Journal as… Continue reading

Queen’s English: Which/That (Who?)

According to Garner’s Modern American Usage (3rd Edition), which is possibly responsible for more bad sentences than any other in the language.  E. B. White wrote “Careful writers, watchful for small conveniences, go which-hunting, remove the defining whiches, and by so doing improve their work.”… Continue reading