Pennsylvania Law Monitor
Pennsylvania Law Monitor Blog
Medical Malpractice and the Mental Health Procedures Act
Posted in Pennsylvania Law Monitor
The Mental Health Procedures Act (MPHA) establishes the procedures for the treatment of mentally ill patients in the Commonwealth of Pennsylvania. Of course, medical malpractice can and does occur to mentally ill patients in Pennsylvania who are subject to the MPHA under a 301 or 302 commitment. The typical Plaintiff in a medical malpractice will have committed suicide while being treated at a facility pursuant to the MHPA Continue reading
Battle Between Heirs to the Simon Mall Fortune Highlights Common Will Disputes
Posted in Pennsylvania Law Monitor
Melvin Simon, together with his brother and business associate Herbert Simon, built a business empire upon the then novel concept of the shopping mall. The company that he and his brother founded – Simon Property Group, Inc. – is now the largest mall owner on the United States with over 300 shopping malls in its property portfolio. Continue reading
Discharging a Mechanics’ Lien Claim by Surety Bond or Payment of Cash into Court
Posted in Pennsylvania Law Monitor
A Mechanics’ Lien Claim can present problems for Owners seeking to sell or refinance a home or other real estate. Likewise, higher-tiered Contractors and Subcontractors can encounter headaches where a Subcontractor files a Lien Claim of questionable legitimacy or for defective work, jeopardizing the Contractor’s reputation or relationship with customers. Continue reading
Clearing Clouds Upon Title to Real Property in Pennsylvania: Quiet Title Actions
Posted in Pennsylvania Law Monitor
In Pennsylvania, where a “cloud” upon a title to real property exists, a party may initiate a civil action in order to adjudicate rights to the property. Such actions fall under two related kinds: 1) Actions to Quiet Title, and 2) Actions in Ejectment. Continue reading
The Doctrine of “Consentable Lines” Resolves Some Property Line Disputes Between Adjoining Land Owners
Posted in Pennsylvania Law Monitor
One of the most common sources of litigation involving real property is that of disputes between adjoining property owners. Of these disputes, many involve a disagreement regarding where the property line between the two parcels of land is actually located, and one party’s objection to his neighbor’s use of the property beyond the legal boundary between the properties. Pennsylvania has a well-developed practical approach to such disputes where a line between the properties has been respected and acquiesced to for a requisite period of years. Continue reading
Demolition, Excavation, and Landscaping under the Pennsylvania Mechanics’ Lien Law
Posted in Pennsylvania Law Monitor
Often times, Demolition contractors and Landscaping contractors will ask whether their services and the materials used in their trades constitute a proper basis for a Mechanics’ Lien Claim in order to preserve a likelihood of payment. Knowing what is, and what is not properly lienable work and materials is something that every contractor should be mindful of when assessing different jobs. Continue reading
Sheriff’s Sale of Property Following Foreclosure Can Extinguish Mechanics’ Liens
Posted in Pennsylvania Law Monitor
Prior to the Amendments to the Pennsylvania Mechanics’ Lien Law of 1963 which became effective January 1, 2007, Mechanics’ Lien Claims were granted priority over Mortgages against the liened property that were recorded after the effective date of the Lien. Under the old law, a Mechanics’ Lien Claim representing amounts due to the Contractor for erection or construction “related back” to the start of work on the property, and Liens representing amounts due for alteration and repair dated from the filing of the Lien Claim. Continue reading
In Pennsylvania, some non-Final Orders addressing Important Rights may be Appealed Immediately
Posted in Pennsylvania Law Monitor
Typically, attorneys and clients faced with an adverse non-Final Order of a trial Court are presented with two quite unsatisfactory choices in deciding how to proceed. The first option is to wait until the disposition of a case to appeal the Order, and the second is the rarely successful course of Moving the trial Court for permission to appeal an Interlocutory Order. Continue reading
Maintaining Corporate Formalities Critical for Liability Protection
Posted in Pennsylvania Law Monitor
A corporation is a legal entity that is separate from its shareholders, officers, directors and employees. Every corporation is required to maintain certain corporate formalities that will preserve the corporation’s status as a separate legal entity, and therefore, insulate its shareholders from personal liability. Continue reading
Regulatory Taking in Pennsylvania – Lucas and Penn Central
Posted in Pennsylvania Law Monitor
The current policies used in determining the standard for proving a regulatory taking of land are particularly strict. More often than not, the property owner is responsible for proving that exceptional circumstances exist which substantially deprives them of the use of their property. Additionally, the property owner is responsible for… Continue reading
