Yearly Archives: 2006
A Custody Decision with a Surprising Result
If all of the changes we have witnessed over the past 40 years, among the more notable is our culture’s attitude toward same-sex couples. Same-sex relationships are portrayed routinely in movies, theater, and, perhaps most of all, television. It was inevitable then that… Continue reading
Public Policy Exception to At-Will Employment
The Supreme Court of Pennsylvania recently held that discharge of an at-will employee for filing a workers’ compensation claim is against public policy. Most employers work under the basic assumption that unless the employee has a contract to the contrary, the employer may discharge an… Continue reading
What is a Holder in Due Course and Why Should You Care?
Do you write many checks? If you do, you should know something about the Holder in Due Course (“HDC”) rule contained in Article 3 of the Uniform Commercial Code. The rule was developed so that negotiable instruments (checks for our purposes) could be moved from… Continue reading
The Queen’s English – We Lay It On The Line: Can It Really Be That Simple?
The abuse of the verb “to lay” is common: An officer to his troops: “Lay low!” To a randy dog: “Lay down!” On a hot day: “We were just laying around.” Sorry. All should have used the verb “to lie” in its proper tense, as… Continue reading
Contribution and Indemnity
Most business people have heard the term “indemnity”, and at some point may enter into contracts, leases or agreements in which they agree to indemnification. But to what exactly are they agreeing?The duty to indemnify may arise in express or implied contracts, or the court… Continue reading
A New Will! (What Could Be More Fun Than That?)
If our ultimate denial is death, it should shock no one that preparing a will is only a notch above a root-canal for many (though we touch a different nerve). But to put it off can be to have your hard-earned estate distributed in ways… Continue reading
Co-Ownership Revisited
In Pennsylvania, title to real estate (and most personal property) can be held by co-owners in various ways – tenants in common, as joint tenants with right of survivorship, as tenants by the entirety and as tenants in partnership. We are asked frequently what the… Continue reading
What is Interpleader?
Imagine that you are a real estate broker holding a deposit in escrow in connection with the sale of a house. Following inspection, title, and mortgage application complications, the transaction falls apart and both the buyer and seller are threatening to sue you for payment… Continue reading
Latin Lovers ’99
Corpus delicti: Prosecutor Hamilton Burger (Perry Mason’s arch-foe) needed this to bring charges against the usually innocent (after Perry’s assistance) defendant in the classic 1950’s serial. So, what is it? Literally, “the body of the crime” – either a corpse in a murder case or… Continue reading
Are you prepared to operate in the year 2000?
Although there has been more press recently about the so called “Year 2000 problem” (which is also called the “millennium bug” or the “Y2K” problem), there does not seem to be a clear understanding of what the problem entails.The Y2K problem results from date sensitive… Continue reading