Yearly Archives: 2011
Queen’s English June Musings
Cliché Alert. English will always evolve, and clichés are a part of the process. When first used (invented) a phrase which is to become a cliché may sound colorful and clever; it may be a perfectly useful but obscure word that suddenly “catches on”. Angst is a… Continue reading
Decennial Filings – Save Your Business Name
Generally, registering your corporation, limited liability company, or limited partnership with the Pennsylvania Corporation Bureau ensures that no other entity will be able to take on or use that name within the Commonwealth of Pennsylvania. While this is a boon to the business or nonprofit… Continue reading
Another Legal Shibboleth to Bite the Dust?
In a lawsuit involving a tort (which is a civil wrong such as negligence in an automobile accident) where there is more than one defendant (such as in a multi-vehicle accident), there is a doctrine which imposes joint and several liability in Pennsylvania. In many… Continue reading
Personal Guarantees of Payment and Performance
While the economy continues to improve slowly, we are still seeing an increased level of defaults and litigation involving businesses which go bad, especially small undercapitalized operations. Whether you are a lender, landlord or a seller of goods or services you need to protect yourself… Continue reading
Noble Principle, Unpopular In Its Application
The English Judge, Robert Rolfe, is credited with the often quoted legal maxim “Hard cases make bad law”. A classic illustration of the maxim’s application is found in a recent US Supreme Court decision in Snyder v. Phelps. The Court ruled, 8 to 1, that… Continue reading
We All Need Something We Can Lien On
Creditors and lawyers frequently speak in terms of “liens”, “lien holders” and “lien priority.” Generally, a creditor who holds a lien (called a lienholder) has the right to take the defaulting debtor”s liened property and either keep it or sell it in satisfaction of the… Continue reading
Latin Lovers
Every now and then we hear about a criminal case in the news where the defendant enters a plea of “nolo contendere”. A plea of nolo contendere literally means “I will not contest it”; generally speaking, such a plea in a criminal case has the… Continue reading
The Queen’s English Cat’s Paw (No, Not Tabby!)
Occasionally, the dull, gray world of legaldom can emit flashes of color as the US Supreme Court did in its recent decision in Staub v. Proctor Hospital. Staub was a member of the military reserve, and as an employee of Proctor was required periodically… Continue reading
Family Law Update: Changes in Custody Laws
In November 2010, former Governor Rendell signed a new custody law that went into effect in January of this year. The purpose of the new law is to modernize custody laws in the Commonwealth, which most practitioners agreed were long outdated, and to create a… Continue reading
It is Time to Review Your Estate Plan
Good news. As you may know, the Internal Revenue Code has recently been revised, and in the case of the Estate Tax, the changes are substantial. The amount of the individual exclusion which was scheduled to be $1,000,000 in 2011 was increased to… Continue reading