Pennsylvania Law Monitor
Pennsylvania Law Monitor Blog
The Thing that Wouldn’t Leave, or, Dealing with Squatters
Posted in Pennsylvania Law Monitor
If one is above a certain age, one may remember a “Saturday Night Live” sketch called “The Thing That Wouldn’t Leave”, about a comically boring and obtuse houseguest who, ignoring all hints from the homeowners, wouldn’t budge. Continue reading
Retirement Communities and Nursing Homes are Permitted to Sell Alcohol
Posted in Pennsylvania Law Monitor
It wasn’t until 2002 that a “continuing care retirement community” (CCRC) was permitted to obtain a license to serve alcoholic beverages to its residents on the retirement community’s premises. To be considered a CCRC under the Pennsylvania Liquor Code, the facility must house at least one hundred people over the age of sixty-two. Continue reading
PA Superior Court Relaxes Formerly Strict Circumscription of Confession of Judgment Clauses
Posted in Pennsylvania Law Monitor
The Pennsylvania Superior Court recently relaxed the Pennsylvania Courts’ trend of scrupulously constraining the use of warrants of attorney, also known as “confession of judgment” clauses in non-consumer credit transactions. In Graystones Bank v. Grove Estates, LP., 2012 Pa.Super. 274 (2012), affirmed at 2013 Pa. LEXIS 2855 (Pa. 2013) a debtor made a Promissory Note in favor of the creditor, which contained a warrant of attorney. After some time, the debtor began to have trouble making payments under the Note. The creditor then required the debtor to establish an interest reserve and pledge additional real property as collateral, and to enter a “Change in Terms Agreement.” The Change in Terms Agreement did not itself include a warrant of attorney. Continue reading
Workers Compensation for the Loss of a Body Part (“Specific Loss”)
Posted in Pennsylvania Law Monitor
The Pennsylvania Workers’ Compensation Act provides that certain injuries are eligible for specific loss awards. A specific loss in Workers’ Compensation is when you lose use of a specific body part. In that case, the Workers’ Compensation Act has predetermined a set amount of weeks that you are permitted to receive payment, based on the body part you lost. Continue reading
Joint and Several Liability in Pennsylvania
Posted in Pennsylvania Law Monitor
As of June 28, 2011 Pennsylvania significantly changed the law of Joint and Several Liability. Prior to this change if an injured party brought a claim against more than one defendant each defendant would be potentially responsible for the entire amount of any jury verdict even if the comparative responsibility of that defendant was only 1%. Continue reading
Motorcycles and Uninsured/Under-insured Motorist Coverage
Posted in Pennsylvania Law Monitor
The Supreme Court of Pennsylvania recently decided a case involving the issue of whether a motorcyclist, who has a motorcycle insurance policy, can collect underinsured (this would also apply to uninsured) motorist coverage from his automobile insurance policy if he is involved in an accident while riding his motorcycle. The insurance policy provision that was at issue is known as the “household exclusion.” This exclusion, which is routinely part of an automobile insurance policy, prohibits the insured from making a claim under his automobile insurance policy when he is injured while operating a vehicle (in this case, a motorcycle) which is insured under a different policy. Continue reading
Child Custody in Pennsylvania: “Best Interests” Enumerated Under New Law
Posted in Pennsylvania Law Monitor
On January 24th of this year, child custody law in Pennsylvania changed. Previously, child custody disputes where decided by a judge based upon the “best interests of the child” standard. This broad standard gave litigants, counsel and judges broad discretion in deciding what facts and factors constituted “best interests.” The new law helps focus the best interest inquiry and will aid in removing personal biases of judges, create more uniformity in decisions, and allow for better reasoned and more child-centric custody decisions. Continue reading
In Pennsylvania “Reasonable” Attorney’s Fees is a Subjective Standard
Posted in Pennsylvania Law Monitor
In Pennsylvania, common interest community associations are creatures of both real estate law and state statutes. A condominium’s enforcement authority is rooted in restrictions that both run with the land and are recorded as restrictive covenants with the deed clerk of the county where the common interest community is located. The primary statute for condominiums within Pennsylvania is the Uniform Condominium Act (68 Pa.C.S. § 3101 et seq). Continue reading
Return of Security Deposits Under the Pennsylvania Landlord and Tenant Act
Posted in Pennsylvania Law Monitor
In Pennsylvania, “The Landlord and Tenant Act of 1951” (“The Act”) governs all residential leases entered in Pennsylvania. The Act provides certain terms in the relationship between a landlord and tenant that cannot be waived by the tenant, even where the written lease has provisions contrary to the Act. Continue reading
Medical Care in Pennsylvania: Nurse to Patient Ratios
Posted in Pennsylvania Law Monitor
In Pennsylvania, House Bill 147 was introduced in January 2009 and remains “in committee.” A similar version was sponsored in the PA Senate. Among other provisions, they establish RN – to -patient ratios in the Commonwealth. Continue reading
