Yearly Archives: 2010
The Terri Schiavo Story Five Years Later, Still an Avoidable Tragedy
It is hard to believe that it has been five years since a court battle erupted in Florida in which a severely brain-damaged Terri Schiavo, passed away while in hospice care. She died nearly ten days after her feeding tube was ordered removed from her… Continue reading
Winning Before Trial: Summary Judgment
The vast majority of civil cases do not go to trial. Many are settled. Some cases are dismissed by the court for procedural reasons. Some cases are resolved prior to trial following a motion for summary judgment. Both the Pennsylvania Rules of Civil Procedure and… Continue reading
Can’t Get No Satisfaction…(At Least Without Legal Assistance)
The five years prior to 2007 saw very heavy, perhaps record-breaking, activity in the area of home mortgage re-financing. This phenomenon was driven mainly by homeowners who wanted to “cash-out” the existing equity in their homes or by homeowners who wanted to take… Continue reading
The Queen’s English — Which-Hunting
When to use the pronouns which and that to commence a clause is a challenge to many, and their misplacements are common. A clause can be either independent (“I went to the store” – – which is a complete thought) or dependent (“When you arrive…”)… Continue reading
Curb That Frisky Pup!
A woman who was inspecting a house, which was listed for sale in Philadelphia, was attacked and badly injured by the next door neighbor’s 118-pound Rottweiler dog; as a result she instituted litigation (Schickram v. Boss Pet Products) against the dog’s owner, the manufacturer, and distributor… Continue reading
Significant New Tax Incentives for Employers
Under the Hiring Incentive to Restore Employment Act, which President Obama signed into law on March 18, 2010, employers who hire a person who was previously unemployed for at least 60 days prior to being hired (a Qualified Employee) after February 3, 2010,… Continue reading
Joint Ownership and the Consequences
When two or more people acquire title in real or personal property (other than in an entity such as a corporation, partnership, or limited liability company), they too often give little thought to the type of ownership. The consequences can be dire. There… Continue reading
When is a Worker an Independent Contractor or an Employee
There is often a fine line between an employee and an independent contractor. When should a worker be considered an employee or an independent contractor? The distinction between the two can have significant implications for both the worker and the business owner. An… Continue reading
An Irrepressible Tide, Pardner!
As quiet as it is irrepressible, the game of “Texas Hold’em” has become universal over the past decade. It is a form of draw poker, and it is especially popular in bars. At the start of each game, usually the players put $1 or $2… Continue reading
Employee Claims and Bankruptcy
We have seen an uptick in the number of employees or former employees of bankrupt companies that seek help filing “proof of claim” forms. An employee who has been terminated either before or after the date that his employer has entered into bankruptcy should… Continue reading