Litigation
The Role of a Personal Injury Attorney
You have been injured in an accident that was not your fault. Several questions run through your mind. Who will pay for my medical expenses? Who will pay my bills when I'm out of work? What care will I need in the future and who...[more]
Products Liability - What Happens When Defective Products Injure People?
In Pennsylvania, sellers of defective products are held strictly liable for injuries to consumers. In simple terms, the injured consumer does not need to prove carelessness or negligence in the manufacture or sale of the product....[more]
Pennsylvania's Strange Law on Falls on Ice and Snow: The Hills and Ridges Rule
Winters in Pennsylvania bring snow and ice, leading to treacherous conditions on sidewalks and in parking lots. Ice and snow cause countless falls and, along with them, many serious injuries. The Pennsylvania courts have...[more]
Negligence - When Does an Accident Create Legal Liability?
Sometimes, accidents and bad things just happen - car crashes, slips and falls, bad outcomes from medical treatment. Not all accidents create legal liability. How do you know when someone is legally responsible for an accident? A...[more]
Medical Malpractice in Pennsylvania
I often get questions about possible legal claims arising out of poor outcomes from medical treatment. The mere fact that a complication, injury or death occurred during medical treatment does not necessarily justify a Medical...[more]
The Coffee Case: McDonald's Got Lucky
One of my pet peeves as a trial lawyer is the misconception that people still have, many years later, about the infamous McDonald's Coffee case. Based on what I believe was slanted coverage by the media in favor of Big Business...[more]
Legal Claims from Accidental Deaths
One of the most challenging problems for the American legal system to deal with is how to handle civil claims arising out of the death of a person. Valuing a human life is an impossible task, yet our legal system is required to...[more]
Injured in an Accident - Who Pays My Medical Bills?
If you are injured in an accident, one of the first questions you will likely have is "Who will pay my medical bills?" The answer depends on whether the accident happened at or outside of work and whether a vehicle was involved...[more]
Five Car Insurance Mistakes That Put Your Family in Danger
Mistake One – Limited Tort Rather Than Full Tort If you choose Limited Tort, your legal rights to compensation from another driver who injures you in a car accident are limited. You can seek compensation for Economic Damages...[more]
The Pennsylvania Dram Shop Law
Lawsuits Against Bars and Restaurants In Pennsylvania, it is illegal for a liquor license holder, like a bar or restaurant, to serve patrons who are minors (under the age of 21) or people who are "visibly intoxicated." If this...[more]
Dennis Rodman's Contribution to Personal Injury Tax Law
Outside the legal community, Dennis Rodman is well known for his ferocious defense and rebounding skill during his long career in the NBA as well as his tattoos, piercings and wild off-the-court partying lifestyle. In the legal...[more]
Case Spotlight: Trial Necessary to Win Justice in Car Accident Case
Most Personal Injury cases can be settled without going to trial. At some point prior to trial, the insurance company will finally evaluate the negligence of the defendant, the injuries of the plaintiff, and offer a fair...[more]
Case Spotlight: Tim Rayne Wins Security for Lifelong Patriot
MacElree Harvey Personal Injury attorney Tim Rayne successfully resolved a motor vehicle accident case for a local American hero. To respect his wish for anonymity, we will refer to him only as Larry. The settlement ended a year...[more]
Case Spotlight: Fire in the Operating Room
I have had a few Personal Injury cases in my career that I expected to be straightforward and simple; that the negligence of the defendant and injuries to my client seemed so clear that, surely, there would be no fight and I...[more]
Anatomy of a Jury Trial
Hopefully, you have never had the misfortune of being a party in a jury trial - criminal or civil - and never will. However, odds are that you will one day be called as a juror. Whether a case is criminal or civil (a lawsuit...[more]
Client Snapshot: Attorney as trusted advisor
Most business owners and individuals experience a variety of situations that require legal counsel - family matters, business expansion, an employment dispute. Rather than finding an attorney for each scenario, a local...[more]
Client Spotlight: Cooler Heads Prevail in Divorce Matters
Divorce is never easy and most have at least one primary battleground issue. For a prominent local businessman, the issue of child custody became the focal point in his divorce. The man's wife was having an affair and, when...[more]
Client Snapshot: Trial Pivotal for Victim of Auto Accident
Most Personal Injury cases can be and are settled without going to trial. Usually, at some point prior to trial, the insurance company evaluates the negligence of the defendant, the injuries of the plaintiff, and offers a fair...[more]
Upcoming Changes to Pennsylvania's Mechanics' Lien Law
Pennsylvania's Mechanics' Lien Law has been changed once again. In 2006, the Pennsylvania Mechanics' Lien Law of 1963 was substantially modified for the first time in decades. One of the most significant changes restricted the...[more]
Mediation in the Workplace
Every day co-workers in conflict expend time and energy that results in losses to employers. Informal workplace conflicts result in wasted time, reduced decision quality, drive skilled employees away, cause sabotage, theft and...[more]
New Remedies for Delaware Victims: The Elder or Disabled Victim's Enhanced Penalty
The elderly and the disabled make for especially vulnerable victims of consumer fraud. A recent Delaware statute gives the elderly or disabled victim of consumer fraud new and additional protections. The "Elder and Disabled...[more]
FMLA Protection Regarding Doctor's Notes
Employee is out for two days and brings in a doctor's note that simply states patient was ill and unable to work two days. Coincidentally, the employee had previously scheduled vacation days for Friday and Monday, meaning she had...[more]
The Impact of Padilla v. Kentucky
Enhanced Rights for Non-citizens, New Obligations for Criminal Defense Attorneys[more]
Probation Before Judgment: Dismissal in Slow Motion
In Delaware, the Attorney General is the criminal prosecutor for all three counties. The Attorney General's authority to drop charges or "nolle prosse" charges was and remains absolute. [more]
New Employee Protections Included in Health Care Reform
The recently passed health care reform bill has been described as sweeping and historic. Included in this legislation are some controversial provisions, which if introduced on their own, would have sparked much debate. These...[more]
Make Sure Your Employment Taxes Are in Order
Do you employ independent contractors? If so, you should be aware that the IRS is focused on you. The IRS just began its first comprehensive audit of employment tax issues in over 25 years. The IRS plans to audit 6000 companies...[more]
Who Needs a Premarital Agreement?
As the spring wedding season draws near, a premarital agreement may not be part of your wedding planning, but in certain circumstances, it should. You don't necessarily need to be wealthy to need a premarital agreement and...[more]
Employers Must Beware of Use of Criminal Backgrounds of Applicants
Employers often seek to limit eligibility for employment to those who have no prior history with the criminal justice system, and there are statutes that expressly disqualify those with some types of criminal records from...[more]
Haitians Need Relief – The United States Department of Homeland Security Responds
An earthquake of epic proportions struck Haiti on January 12, 2010, forever changing the lives of Haitians everywhere. In response to the aftershock, the United States Department of Homeland Security (DHS) through United States...[more]
Are Liability Waivers Enforceable?
Going skiing, running or riding in a race, playing in a sports league or joining a gym are all activities that customarily involve signing Liability Waivers. So, if an accident happens and injury occurs, is a Waiver effective in...[more]
Top Five Things to Consider When Renewing or Purchasing Car Insurance
In these challenging financial times, consumers are looking to save money wherever they can, including reducing insurance costs. As an attorney who focuses his practice on advising people after they have had the bad fortune of...[more]
Not a Comprehensive Reform of Health Care, but a Helpful Measure for Families
While Congress and town hall meetings continue a rancorous debate about whether there will be any form of comprehensive healthcare or health insurance reform, Pennsylvania has enacted at least one measure that will provide some...[more]
The Legal Uncertainty Surrounding the Disposition of Frozen Embryos in American Divorce Proceedings
Child custody battles and fights over the disposition of marital property are frequent occurrences during divorce proceedings. The enduring fight to maintain control and raise one's children typically revolves around issues such...[more]
An Open Letter to a Saddened Dog Owner
"I am very sorry to hear about the loss of your Rexie. I know that when our Sheltie Pete died, I mourned and felt the loss, just as you are going through now."[more]
A Consumer's Guide to Pennsylvania's Home Improvement Consumer Protection Act
On July 1, 2009, a new consumer protection law goes into effect. Pennsylvania's Home Improvement Consumer Protection Act ("HICPA" or the "Act") was enacted to protect consumers from the unfair trade practices and fraudulent...[more]
Legal Issues Can Arise with Reduction in Force
The recession that was finally acknowledged in late 2008 has not only been deeper than any since the Great Depression, but also will result in a larger reconstruction of the global economic system than accompanied any of the less...[more]
A Word of Caution: There is Still Work to be Done After the Signing of a Property Settlement Agreement
In the majority of divorce cases, most of the effort is spent negotiating a comprehensive property settlement agreement in which Husband and Wife identify and value marital assets and agree upon a final distribution. The property...[more]
Email and Instant Communication: Where Manners Pay Off
Emails are everywhere on desktops, laptops, iPhones, and Blackberries. In the workplace, they have been embraced as the dominant form of communication, with too little thought given to the proper etiquette of using this powerful...[more]
The Future of E-Verify: What is it and will it become mandatory for Pennsylvania Employers?
At the recent 30th Annual Immigration Law Update, one topic that came up during numerous seminars was the topic of E-Verify.[more]
The "Employee Free Choice Act" and Your Business
Years of effort by organized labor have culminated in the introduction of the "Employee Free Choice Act" (the "EFCA") in both the House and the Senate on March 10, 2009. If the EFCA becomes law, it will result in some of the most...[more]
Local Counsel or Unauthorized Practice: Lessons of Tonwe
The final installment in a three-part series on local counsel The previous two installments (which appeared in our December and January newsletters) outlined the responsibilities of and the protection afforded by local...[more]
Family Care Agreements in Difficult Economic Times
Caregiver agreements are formal contracts under which relatives are hired to care for elderly family members. Although these types of contracts are not new, families may be open to entering into a family care agreement given our...[more]
Family Court Litigants Can Resolve Differences Through Alternative Dispute Resolution
The Court system has a budget problem arising from an increase in case filings with no corresponding budget increase to handle the additional caseload. The current financial crisis does not appear to have decreased Family Court...[more]
Local Counsel: How to Effectively Handle Your Legal Issues Occurring in Another State
The second installment in a three-part series on local counsel using examples from Delaware Last month I posed the question: What happens if you live outside of the state of Delaware, but have a legal matter that has to be...[more]
Local Counsel: How to Effectively Handle Your Legal Issues Occurring in Another State
What happens if you live outside the state of Delaware, but have a legal matter that has to be decided in Delaware courts? You may find yourself, or your business, in one of these situations:[more]
It is Never Too Late to Save Your Home from Foreclosure
It truly is crazy out there. I heard on television that twenty percent (20%) of all the homeowners in the country owe more on their home mortgages than their homes are worth. The message I want to give you today is, if you really...[more]
The Relationship Between Pensions and Social Security
In two landmark decisions earlier this year, the Delaware Supreme Court set forth standards and guidelines regarding the interplay between pensions and social security. In Forrester v. Forrester, the husband appealed a Family...[more]
New Approach to Custody Arrangements
"Nesting" provides another alternative for divorced parents with children. A factor in many divorces today is the custody of the children. When parties divorce, one intact family unit becomes two family units. The Courts...[more]
Legal Claims from Accidental Death
One of the most challenging problems for the American legal system to deal with is the handling of civil claims arising out of the death of a person. Valuing a human life is an impossible task, yet our legal system is required to...[more]
Mediation in the Courts of Delaware: Much Larger Role than Ever Before
Mediation is a process by which parties to a dispute use a neutral party to facilitate a mutually agreeable resolution to their conflict. It is a confidential process in which the mediator, a third- party neutral, directs...[more]
The Delaware Lemon Law May Be "Lemon" Aid
What are your rights and options if you buy a car, truck, or motor home and discover it has a serious problem? One of your options is to file a lawsuit under the Delaware Lemon Law. The Lemon Law says, in essence, that if you buy...[more]
Genetic Information Nondiscrimination Act Will Have Unpredictable Impact on Employment Relations
A new federal statute has defined an additional type of prohibited discrimination: the Genetic Information Nondiscrimination Act. The Act, which was passed with bipartisan support and was signed by the President, went into effect...[more]
ABC . . .DeLage Landen – A Cautionary Tale of Equipment Finance Leasing
A manufacturer's rep comes to your business to show you his company's new digital color/copier/printer system. It has all the bells and whistles. He tells you that he can get you favorable lease terms. You agree and he provides...[more]
Key Actions to Avoid When Terminating an Employee
It seems to be an accepted view that the U.S. economy is in a recessionary state, with fuel prices on a steep upward slope, the residential housing market in a crisis related to rising interest rates and mortgages in default, and...[more]
Be Careful What You Post on the Internet
Everyone seems to have his or her own place on the Internet - whether it is a site on Facebook or MySpace or an advertisement for a business. There are also numerous Internet dating services. However, if you are going through a...[more]
Injured in An Automobile Accident? Who Will Pay Medical bills and Lost Wages?
Under Delaware's No-Fault Law, persons injured in an automobile accident can send their medical bills and lost wages to their own automobile insurance company.[more]
Ski at Your Own Risk
Skiing, snowboarding and tubing are popular and, oftentimes, dangerous activities. Each season, thousands of people hit the slopes in Pennsylvania. Inevitably, injuries occur and some are very serious. Nevertheless, the victims...[more]
Who Has Exclusive Possession of My House
Ten years ago, in happier times, Miguel and Megan purchased their home together, owning the property and creating a tenancy by the entirety. A tenancy by the entirety is created between a husband and wife and by which together...[more]
Employers Must Convert to New Form I-9
Employers are familiar with the requirement to document that each employee, both U.S. citizen and non-citizen, is authorized to work in the United States. This requirement is a mandate of the Immigration Reform and Control Act of...[more]
Employer Obligations for Payment of Transportation Expenses for Nonimmigrant Agricultural Workers
A significant number of employers in Pennsylvania, Delaware, and elsewhere depend upon lawful, nonimmigrant aliens in their workforce. These employees are authorized to enter the United States under nonimmigrant visas. The "H2B...[more]
Amendments to Family and Medical Leave Act Demand Contribution by Employers to War Effort
President Bush has signed the National Defense Authorization Act, which amends the Family and Medical Leave Act to add provisions relating to service members and their families. This Act was vetoed twice previously due to its...[more]
The Top 10 Mistakes with Non-Competition Agreements
Non-Competition Agreements can help a business retain valuable employees, protect its confidential information and customers, and prevent unfair competition. They can also be utterly useless.[more]
Sign of Our Times: Mediation
As we boarded our train at 30th Street Station, I noticed a large billboard advertisement for mediation services in the Philadelphia area. After leaving the station, the train headed north on Broad Street, passing Temple...[more]
The Bad Truck: A Tale of Two Remedies
A highly trained and talented farrier, who put horseshoes on Olympic hopefuls in Florida and New York, needed a pickup truck to ply his trade. He pulled a small farrier's trailer containing a furnace, grinding machines, hand...[more]
Resolving Day-to-Day Custody Disputes Without Going to Court
Sometimes when couples divorce, the custody battle never ends. Although the Court may have made a decision about custody and visitation, one or both parents may be unhappy and will continue to re-file for custody. Sometimes, the...[more]
The Language of Divorce
A divorce action is neither emotionally nor financially pleasant; however, you can take steps to prepare for this life-changing event. The first step is to learn the language of divorce. Learning the language will assist you in...[more]
Advantages of Private Dispute Resolution
Dan and George are partners in a computer and software consulting business. Dan notices sales are down and wants to retire. George wants to start his own company. The problem is that the partnership owns over $3,000,000 in...[more]
Attorney-Client Privilege: The Primary Principle of Criminal Defense
I distinctly recall the look of concern (perhaps, skepticism) on my wife's face the first time we met. The cause for her concern arose when our conversation hinged on my answer to the question "What do you do for a living, Pete?"...[more]
Ten Questions Not to Ask in an Interview
When interviewing a job candidate, the goal is to learn as much as possible about the applicant's previous work experience. Interviewers are often curious about the prospective employee's habits and personal life. There are many...[more]
