Jane M. Shields

Commercial Litigation

February 6, 2015 by Hoppel Design

Your business is business. Ours is litigation.

A critical tool in protecting your company’s interests, litigation can also be used to attack those same vital interests – often putting your entire life’s work at risk, and leaving your future uncertain.

At MacElree Harvey, our Commercial Litigation Practice is uncompromisingly committed to providing clients with the upper hand – utilizing the advantage that comes from our years of experience, and our dedication to helping you achieve your overall goals.

With a depth of expertise and the resources expected of large firms without sacrificing the responsiveness and personal attention typically found in much smaller firms, our experienced commercial litigators advise and advocate for the rights of businesses and individuals engaged in sales, trades, and commerce.

Whether you’re an industry leader with high visibility, or a smaller family-owned franchise, from onset to closing, our attorneys are equipped with the sophisticated knowledge and training to ensure you have the right team on your side.

Our clients know that it doesn’t matter if they’re a large business involved in breach of contract dispute, a business or individual seeking to protect his or her intellectual property, or a shareholder seeking to protect his or her rights in a corporate dispute, our commercial litigators approach each matter the exact same way – with the expertise required to properly advise you on the next steps, the skill to unrelentingly fight for, or defend you – and – most importantly – the initiative to obtain the result desired.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Alternative Dispute Resolution

February 4, 2015 by Hoppel Design

In many legal matters, going to trial is the least desirable way to reach an outcome. Litigation costs can be very high and emotions can run the gamut of apprehension to anger and even worse. Using Alternative Dispute Resolution, parties can resolve business disagreements, estate and trust disputes, family law matters and other legal disputes in a more efficient and surprisingly more satisfactory way than heated courtroom battles.

The process of Alternative Dispute Resolution is valuable because it involves a knowledgeable, neutral person to provide a forum in which a parties can settle their differences.

At MacElree Harvey both our Pennsylvania and Delaware attorneys often use Alternative Dispute Resolution to facilitate resolution of our clients’ legal disputes. In addition, the Firm has several attorneys who offer Alternative Dispute Resolution services as part of their practice by serving as Mediators and Arbitrators.

The use of Alternative Dispute Resolution forums to resolve disputes in Pennsylvania and Delaware has expanded greatly in the past thirty years. Many types of disputes are particularly suited to resolution through mediation or arbitration. Some examples include:

Divorce
Custody
Personal injury
Estate matters
Employment conflicts
Breach of contract

The primary methods of Alternative Dispute Resolution are Mediation and Arbitration, which are chosen depending on the client’s individual situation, and desired manner of interacting with the process and the other parties involved.

Mediation
Mediation is a process by which parties to a dispute use a neutral party to attempt to facilitate a mutually agreeable resolution to their conflict. It is a confidential process in which the mediator, an impartial third party, directs settlement discussions, but does not render a judgment on any issue in dispute. The mediator helps the parties reach their own negotiated settlement by holding joint sessions with all parties present followed by caucuses with each party individually, during which issues are defined, emotions are defused, and potential resolutions are discussed. Mediation is a non-adversarial way to resolve conflicts, including lawsuits. A mediator can facilitate the parties in conflict to frame the business problem caused by the conflict, hear the parties out, and engage them in the process of working through the conflict to reach an agreement acceptable to the parties that includes gives and takes, and specific behavior.

Arbitration
When Arbitration is used, a neutral person (called an arbitrator) hears arguments and evidence from each side, then, in contrast to Mediation, decides the outcome of the dispute. Arbitration is less formal than a trial, and the rules of evidence are often relaxed. Participants in Arbitration may choose for the outcome to be considered binding or non-binding. When the outcome is binding, the right to a trial is waived, and participants agree to accept the arbitrator’s decision as final, often with no right to appeal. When participants choose nonbinding Arbitration means that the parties are free to request a trial if they do not accept the arbitrator’s decision.

MacElree Harvey attorneys have the experience to serve as arbitrators, mediators and to represent parties at mediations and arbitrations in disputes throughout Pennsylvania and Delaware.

Environmental Law

February 4, 2015 by Hoppel Design

Land development and real estate transactions routinely involve environmental issues, including but not limited to, buried hazardous waste, lead paint and water penetration and mold growth in structures. MacElree Harvey attorneys have brought and defended lawsuits on behalf of land and business owners and real estate developers involving these issues as well as superfund and brownfield sites, underground storage tank spills, groundwater pollution, stream pollution, faulty roofing, defective window and stucco installation, faulty grading, excessive storm water discharge, wastewater and drinking water systems issues, worker safety questions and other environmental matters.

There are many environmental regulatory programs overseen by federal state and local agencies that affect businesses, landowners and land developers and that have their own administrative litigation procedures. MacElree attorneys have experience representing clients at these administrative proceedings and in negotiating with these agencies to solve environmental problems for our clients.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Professional Malpractice

February 4, 2015 by Hoppel Design

A licensed professional, including an accountant, architect, attorney, chiropractor, dentist, doctor, nurse, engineer, optometrist, physical therapist, psychologist or veterinarian, is required to have and use professional skill and competence in the practicing of his or her profession. When any professional fails to live up to this standard and makes a mistake that causes harm or losses, a Professional Malpractice claim may be appropriate.

At MacElree Harvey, we have attorneys with decades of trial experience, prosecuting and defending professionals of all types in Professional Malpractice cases, finding experts to pursue or defend them, and achieving successful results, whether through settlement or trial.

Representative Cases

Statute of Limitations – Settlement against negligent Personal Injury attorney who failed to timely file a lawsuit.
Improper Tax Advice – Recovery for beneficiaries of an estate when attorney gave improper and harmful tax advice.
Defense of Public Defender – Exonerated attorney who had been accused of negligent criminal defense.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Litigation Law

January 29, 2015 by Hoppel Design

Litigation Law

From its inception, MacElree Harvey has been the home of accomplished trial lawyers serving clients in Southeastern Pennsylvania and Northern Delaware.

Our attorneys are known for their efficient and effective representation of a broad range of clients.

The firm has continued that tradition by recognizing that the legal challenges facing individuals, families, businesses, professionals, and charities can have devastating consequences if not properly prosecuted or defended.

To meet the challenges of today’s legal climate, while MacElree Harvey continues to have a broad range litigation practice, the firm has also begun to concentrate its practice areas so that clients who face a particular legal challenge in these areas can expect quality representation by the right litigation lawyer with the right level of experience.

PRACTICE AREAS

Alternative Dispute Resolution

Banking & Finance Litigation

Commercial Litigation

Corporate Governance, Regulatory and Compliance (Self-Insured Corporate Defense)

Environmental Law

Insurance Coverage Disputes

Intellectual Property Litigation

Medical Malpractice

Product Liability

Professional Malpractice

Trademark & Trade Secret Litigation

Trust & Estate Litigation

OFFICES

Kennett Square, PA

West Chester, PA

ARTICLES

What is Mediation?

ALL PRACTICE AREAS

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Real Estate & Land Use Law

January 29, 2015 by Hoppel Design

Real Estate & Land Use Law

At MacElree Harvey, our real estate and land use attorneys represent builders, developers, investors, and landowners in a full range of property-related legal matters. Whether you are acquiring land, seeking zoning approval, developing a residential or commercial project, or facing an eminent domain proceeding, we provide the strategic guidance needed to protect your investment and move your project forward.

Our clients include private landowners, entrepreneurial developers, and institutional investors. We advise on projects of all sizes. From small-scale residential subdivisions to large commercial, industrial, and mixed-use developments. Our experience spans:

Shopping centers and retail developments

Office buildings and business parks

Apartment complexes and condominium conversions

Industrial warehouses and manufacturing facilities

Hotels, resorts, and hospitality projects

Planned residential communities and housing developments

Full-Service Real Estate & Land Use Counsel

We guide clients through every stage of real estate development and land use planning, including:

Real estate acquisition — drafting and negotiating purchase agreements, due diligence, and title review

Subdivision & land development approvals — navigating local, county, and state requirements

Zoning variances, special exceptions, and conditional use approvals

Land use litigation & administrative proceedings — challenging or defending zoning board and municipal decisions

Environmental compliance — advising on environmental regulations, remediation, and permitting

Affordable housing development — securing incentives and meeting regulatory requirements

Development agreements & contracts — drafting, negotiation, and enforcement

Specialized Areas of Expertise

Our team also handles:

Urban redevelopment and revitalization projects

Public-private partnerships

Historic preservation and rehabilitation tax credits

Water rights and permitting

Easements, covenants, and servitudes

Eminent domain and condemnation proceedings — representing property owners and municipalities

Mechanics’ lien claims — prosecution and defense

Tax assessment appeals & tax exemption applications

Why Choose MacElree Harvey for Real Estate & Land Use Matters?

Local insight — decades of experience with Pennsylvania and Delaware municipal regulations and approval processes

Multi-disciplinary support — collaboration with our business, environmental, tax, and litigation attorneys for comprehensive service

Proven results — successful representation of major commercial projects, residential communities, and complex redevelopment efforts

Strategic advocacy — whether negotiating with municipalities, presenting before zoning boards, or litigating in court

FAQ: Real Estate & Land Use Law

What is the difference between zoning and land use?
Zoning regulates how property can be used within specific geographic areas, while land use law addresses broader issues of property development, planning, and environmental compliance.

What is eminent domain?
Eminent domain allows the government to acquire private property for public use, but property owners are entitled to fair market compensation.

Can I challenge a zoning decision?
Yes. If a zoning board denies your variance or conditional use request, you may appeal to the courts or pursue alternative approval methods.

What permits are needed for new construction?
Requirements vary by municipality but often include zoning approval, subdivision or land development approval, building permits, and environmental permits.

Do you handle tax assessment appeals?
Yes. We represent property owners in challenging over-assessed property taxes and in applying for tax exemptions.

Let our attorneys guide you through every phase of development, zoning, and land use planning. Contact MacElree Harvey Real Estate and Land Use Department today.

PRACTICE AREAS

ALL PRACTICE AREAS

Jane M. Shields

Representative Cases

Litigation Law

From its inception, MacElree Harvey has been the home of accomplished trial lawyers serving clients in Southeastern Pennsylvania and Northern Delaware.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Real Estate & Land Use Law

Full-Service Real Estate & Land Use Counsel

Specialized Areas of Expertise

Why Choose MacElree Harvey for Real Estate & Land Use Matters?

FAQ: Real Estate & Land Use Law

Let our attorneys guide you through every phase of development, zoning, and land use planning. Contact MacElree Harvey Real Estate and Land Use Department today.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

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