Posted in Business & Commercial Law
I have encountered this question, or variations of it, with some frequency over the years. My answer, while surprising to some, is always “no.” This is not to say that parties are barred from entering into settlement agreements concerning their children; on the contrary, New Jersey law strongly favors such settlements… Continue reading
Posted in Litigating Claims
Unitowners in condominium associations and homeowners in homeowner associations are often confused about the legal responsibilities of design professionals, general contractors, subcontractors and municipal building officials and building inspectors regarding construction of their homes. This blog is intended to briefly clarify and explain the relationship among these various people and… Continue reading
Posted in Pennsylvania Law Monitor
Not every complication which occurs during or as a result of surgery is actionable under the law. Some complications are foreseeable and a risk of certain procedures. In addition, just because a surgery is unsuccessful does not mean that a surgeon was negligent. However, many complications are the result of… Continue reading
Posted in Injury Law, Workers' Compensation
As an attorney located in New Jersey representing injured workers, I struggle with the ethical dilemma of balancing my client’s right to privacy and the workers’ compensation carrier’s right to obtain medical discovery. The injured worker’s right to confidentiality in medical treatment records is waived in part when they make… Continue reading
Posted in Business & Commercial Law
Whether in time of economic growth or decline, all businesses must be mindful of potential liability. The nature and extent of liabilities has a direct effect on profits, which can hamper business growth and require cutbacks, among other things. Knowing where and how liabilities arise can prevent negative effects on… Continue reading
Posted in Real Estate
Traditionally, in Pennsylvania, an agreement of sale between seller and buyer “seals the deal” for the purchase of real estate. However, a prospective seller may also choose to have the buyer take possession of the property and “pay as he goes,” i.e. enter into an installment purchase agreement for the… Continue reading
Posted in Pennsylvania Law Monitor
The Pennsylvania Legislature recently enacted legislation which amends portions of the Mechanics’ Lien Law, 49 P.S. § 1101, et. seq. (“MLL”), and provides a statutory fix to the Kessler decision. The Superior Court of Pennsylvania’s decision in Commerce Bank/Harrisburg, N.A. v. Kessler, issued in May 2012, caused a fundamental change… Continue reading
Posted in Pennsylvania Law Monitor
Legal custody allows you as a parent to make major decisions on behalf of your child. If your child has special needs, legal custody provides you the right to have a voice in your child’s special education program at school. Children identified as having a need for special education and… Continue reading
Posted in Business & Commercial Law
When you are either purchasing or selling a residence, you will become familiar with the Seller’s Disclosure Statement which is provided by a seller of a residence. This Statement is designed to disclose all known defects and/or issues with the residence to a purchaser. While some of the issues may… Continue reading
Posted in Divorce & Family Law
The new alimony law that was recently passed on September 10, 2014, changed one of the types of alimony from “permanent” to “open durational.” It was really just a change in semantics. Permanent alimony was never meant to be “lifetime” alimony as many clients called it. Under our previous law,… Continue reading
