Category: Litigation / Personal Injury

McCubby’s

Anti-Retaliation Provision of the Civil Rights Act of 1964

In October 2, 2006, the United States Supreme Court began its new term.  This is a good opportunity to review a decision the Court handed down at the end of last year’s term.  In Burlington Northern and Santa Fe Railway Company v. White, the Supreme… Continue reading

How To Make A Federal Case Of It

Pennsylvania, like all states, has several levels of courts, including small claims courts, state and federal trial courts, state appellate courts, federal appellate courts, all the way up to the Pennsylvania Supreme Court and finally the U.S. Supreme Court. With all those courts to choose… Continue reading

What is Jurisdiction?

We have all heard the legal term “jurisdiction” at one time or another, but what does it mean? When you hear the word jurisdiction used with reference to a court proceeding, think of power. Courts have various types of jurisdiction, and all relate to the… Continue reading

Shifting the Burden of Legal Fees to Your Opponent

There has been debate in the national press of late concerning “loser pays” provisions in litigation situations. Generally speaking, the “American Rule” is that each party bears its own costs, including legal fees relative to a claim, regardless of success or failure. This is at… Continue reading

Why We Take Personal Injury Cases on a Contingent Fee Basis

Why do attorneys take personal injury cases on a contingent fee basis? We hear this question from time to time and it is a subject worthy of discussion.Let’s say you dislocate your shoulder as a result of a slip and fall on a slippery patch… Continue reading

Why Was O.J. Acquitted?

At the risk of having the Law Update take on a controversial topic, why was O.J. Simpson acquitted? More than a few people have asked this question, and there are many possible explanations. Let’s explore one.The pundits in the news media are suggesting that Mr.… Continue reading

Watch Those Limitation Periods!

Did you know that different types of lawsuits are subject to different statutes of limitation? For example, in Pennsylvania a case for libel or slander, sometimes called “defamation”, must be brought within one year following the defamatory conduct. This is a relatively short statute of… Continue reading

What is Confession of Judgment?

Confession of judgment” is an agreement by a party to a lease or promissory note that in the event of a default, the other party, usually a landlord or lender, may proceed to the county courthouse, declare a default and enter judgment immediately in an… Continue reading

The Truth About Notarization

Many people believe a notarized statement or document is more likely to be true or accurate. Not necessarily.Notarization simply means that a notary public (a state officer) witnessed the named person sign the document or statement. Notarization does not mean that the contents of the… Continue reading