Posts written by buteralaw

Car Rental Company’s Inflated Damage Claim May Violate Consumer Protection Law

In a decision handed down last month, Grimes v. Enterprise Leasing Company of Philadelphia, LLC, the Pennsylvania Superior Court addressed the issue of whether a car rental company could be liable to its customer under the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) for… Continue reading

Joint Wills, Mixed Families and the “Disinherited” Stepchild

The most common estate planning scenario we see is the “joint will” between spouses. For example, husband gives everything to wife, unless she predeceases him, in which case everything goes to the kids.  Likewise, wife, in her will, gives everything to husband, unless he dies… Continue reading

Crimes and Misdemeanors

The criminal law of Pennsylvania is largely codified in a lengthy statute known as the Pennsylvania Crimes Code, taking up several book volumes of the Pennsylvania Statutes.   The Crimes Code covers everything from “petty theft” to “grand larceny”, from “simple assault” to “murder”. Criminal conduct… Continue reading

Queen’s English – The Tired Metaphor

A metaphor is defined as a figure of speech in which a word or phrase that designates one thing is applied to another in an implicit comparison.  It is a tool to be used with discretion; much more often than not, the metaphor can be a… Continue reading

Psychiatric Injury to Real Estate, Part 2

Several months ago I wrote about a case in Delaware County involving psychiatric damage to real property.  At that time, the Delaware County Court of Common Pleas had denied preliminary objections and allowed the case to go forward.  The facts of the case were that… Continue reading

What Happened to My Mechanic’s Lien?

In this economy, contractors and subcontractors occasionally decide to file a mechanic’s lien claim without any assistance from a lawyer.  When it works, I am sure there are high-fives throughout the office with someone invariably questioning why the involvement of a lawyer would ever be… Continue reading

Legislature Further Clarifies Rules about a Municipality’s Release of a Developer’s Improvements Mon

When a municipality approves a new subdivision or land development, the law requires that the developer post financial security to guarantee completion of public improvements (roads, curbs, sidewalks, sewer and water lines, etc.).  Financial security may be posted in various forms, including an escrow account… Continue reading

Buying a Business

With the improving economy we seem to be witnessing an uptick in the sale and purchase of small and medium-sized businesses.  Banks are lending once again and potential buyers are more optimistic about the future of our economy.  Sale of business transactions virtually ground to… Continue reading

Full Tort Auto Injury Coverage Expanded (A Bit)

Consistently through the years we have in this paper urged all who are purchasing automobile liability insurance to opt for full tort coverage under the Motor Vehicle Financial Responsibility Law (“MVFRL”) (as opposed to limited tort).  It will cost you a higher premium (approximately 20%… Continue reading

Once Again, Major Changes to Liquor Sales are Proposed

In February 3rd, Governor Corbett announced his most recent plan to privatize the sale of alcoholic beverages in Pennsylvania.  Under the Governor’s proposal he expects the State to raise $1 billion dollars over a three to four-year period by selling and auctioning wholesale and retail… Continue reading