Yearly Archives: 2006
Today’s Small Claims Court
Pennsylvania has replaced its former “small claims court” system of Magistrates and Justices of the Peace with a uniform statewide District Justice system. In southeastern Pennsylvania, all the counties use a nearly identical District Justice system with the exception of Philadelphia, which uses a Municipal… Continue reading
So What’s An Esquire?
With the explosion of legal advertising in recent years, we are witnessing an increasing use of the term “Esquire” on billboards, television, in the newspaper and in the telephone directory. “If you are hurt on the job, call David Fastbucks, Esquire.” Big deal, eh?Few in… Continue reading
Latin Lovers MMVI
The term “in pari delicto” connotes a doctrine invoked by the courts to deny recovery where it is shown that a plaintiff is equally guilty or responsible for his injury with the defendant. Literally meaning “in equal fault”, the courts rely on this principle to… Continue reading
Pension/Profit Sharing Update
As a courtesy by Don Motel, who runs DGM Company in Wayne, Pennsylvania, I thought it would be helpful to pass along the maximum limit adjustments for 2006 pension and profit sharing plans together with 2004 and 2005 limits for comparison: MAXIMUM LIMITS 2004 2005… Continue reading
The Queen’s English — Banished (As Well They Should Be)
Writers like to add spice to their texts by sprinkling them with metaphors, analogies, and similes; well-conceived, they can add color and sometimes make a concept more-easily grasped. (Churchill’s Iron Curtain and Eisenhower’s military/industrial complex are two brilliant and enduring illustrations.) They can however be… Continue reading
The End of Common Law Marriage
Over the last few years we have seen an increasing number of claims between “spouses” based upon the existence of an alleged “common-law” marriage. Why is this? For one, the institution of marriage potentially creates significant property rights in each spouse. Additionally, insurance, retirement and… Continue reading
DNA Paternity Testing — A New Paradox Unfolds
With the refinement of deoxyribonucleic (DNA) testing in the past decade, the determination of paternity of a child is now virtually absolute; litigation involving the putative father is understandably emotionally charged for so many reasons. The primary consideration must always be the child; who… Continue reading
Social Security Death Benefits
The death of a family member can be a traumatic time for the individual’s surviving family members. Even when the death is expected (due to old age or failing health), the surviving family members often are not emotionally or financially prepared for the death of… Continue reading
The Ever Changing Supreme Court
The Supreme Court of the United States is the highest court in the land. As our highest court, it provides the leadership of the judicial branch of the federal government. The court consists of the Chief Justice and eight Associate Justices all of whom are… Continue reading
It’s My Name, Thank You
Trade names and trade marks can be among a company’s most valuable assets, and lawsuits to protect them are not uncommon. To name a few highly recognized trade names and marks, think of General Electric, Coca Cola (with its specially shaped bottle and… Continue reading