Posts written by buteralaw

Fiduciary Duties and Retirement Planning

In a recent issue we dealt with a case where an insurance salesman who held himself out as giving investment advice was found to have violated a “fiduciary standard” which he owed a customer. This decision may be part of a growing trend that the… Continue reading

Temporary Yard Signs

Since we are now in the political season, property owners and residents may wish to demonstrate their support for a particular candidate or political party by placing a yard sign or signs on a front lawn. Most local governments have maintained regulations concerning the size… Continue reading

Enhanced DUI Penalties

Over recent years, like many states, Pennsylvania has gradually strengthened its DUI law to increase the potential penalties for driving under the influence, and also lowered the minimum allowable blood alcohol level to make it easier for drivers to be considered “impaired”. Potential penalties imposed… Continue reading

Gun Owners: Beware Negligent Storage Liability

Gun ownership in Pennsylvania carries with it certain safety obligations, and these go beyond simply not pointing your gun at others. In addition to the obligation to transport and use your gun carefully and safely, you also have an obligation to store your gun in… Continue reading

Alcohol Service to Minors

If you ask people what the drinking age is in Pennsylvania most will quickly answer 21. Indeed since prohibition was repealed in 1933 Pennsylvania’s legal drinking age has been 21 years of age. For a licensed establishment, serious penalties and fines occur when the licensee… Continue reading

Specific Performance of Real Estate Sales Contracts

Most claims for breach of contract involve claims for “monetary damages.” The non-breaching party goes to court demanding a judgment for a dollar amount that would put him in the same position as if the other party had not breached the contract. Real estate agreements… Continue reading

Closing Time…You Don’t Have to Go Home, But You Can‘t Stay Here

The Pennsylvania Liquor Code requires that all patrons vacate a licensed establishment no later than one half hour after the conclusion of the legal alcoholic beverage service time. Alcohol service times vary based on the type of license. Licensed hotels, licensed restaurants, licensed airports, licensed… Continue reading

Shareholder Derivative Suit

If a shareholder of a corporation observes that a third party has caused harm to the corporation and if the corporation will not act to address that harm, then a shareholder may have some rights to act on behalf of the corporation. The vehicle to… Continue reading

Eviction for Certain Illegal Activity

Typically, a lease will provide that the tenant will use the leased premises only for legal purposes. What if you happen to have a really bad tenant and a really poorly drafted lease? Don’t give up hope. Here are three possible approaches direct from the… Continue reading

Latin Lovers – A Little This, A Little That…

In the law of contracts, in order for a contract to be enforceable it must be supported by “consideration”. There must be some quid-pro-quo between the contracting parties. The Latin phrase quid-pro-quo means literally “this for that” – signifying an exchange of one thing or… Continue reading