Posts written by buteralaw
Perjury (Would We Lie?)
In recent months, the media tracking the Clinton-Lewinsky saga have been tossing around allegations of possible “perjury.” What the media have not done is provide a clear explanation of what perjury is. Pennsylvania’s perjury statute, 18 Pa.C.S. 4902, is typical of perjury laws throughout the… Continue reading
Retirement Plans: An Overview
When Congress created the Individual Retirement Account (“IRA”), the “401K Plan”, the tax-qualified pension plan, and similar types of accounts which anticipate retirement, it obviously touched a major nerve in our collective psyche. The response has been overwhelming, and if the Congressional intent was to… Continue reading
Restrictive Covenants
The term “covenant” may have religious connotations and certainly sounds archaic, but legally speaking, it has relevance in modern business transactions. But what is a “covenant”? A covenant is a promise or an agreement to do, or, in the case of restrictive covenants, not to… Continue reading
If a Tree Falls in the Woods…
If your tree falls on your neighbor’s house, can you be sued? This is becoming a popular question in light of the recent harsh weather. The answer depends on your actions prior to the fall and the condition of the tree. Pennsylvania requires landowners who… Continue reading
Five Ways to Reduce Your Auto Insurance Bill
If you are like most people, every six months you receive a bill from your insurance company for your car insurance. Most of us simply bite the bullet, pull out the check book and try to forget the experience as soon as possible. Like many… Continue reading
Tax Free Sale of Residence
In mid-1997, the federal tax law changed to provide that a taxpayer may exclude from income up to $250,000 of gain on the sale of a personal residence. Under prior law, taxable gain could be rolled over into a new residence, with a corresponding basis… Continue reading
Is Your Business Safe From Sexual Harassment Charges?
In two recent decisions, the United States Supreme Court has changed the law on sexual harassment involving a supervisor. The Court abolished the distinctions of quid pro quo and “hostile environment” in such cases, instead holding that an employer is strictly liable under Title VII… Continue reading
Crime and Punishment
The vast majority of our clients have little occasion to come into contact with the criminal justice system, and those who do generally are involved in minor matters known as summary offenses.With Congress gearing up for the impeachment inquiry of the President, we are hearing… Continue reading
Latin Lovers VI
De Minimis non curat lex – literally, the law does not care for or take notice of very small or trifling matters. This is one of the oldest concepts in the law – that immaterial discrepancies or disputes will not be allowed to interfere with… Continue reading
What is Strict Liability?
Our legal system typically imposes liability for money damages only upon a showing that a person was negligent (i.e., failed to use due care) or somehow intended to bring about an injury or damage to another. There are cases, however, where an actor can be… Continue reading