Litigation – Blog Archive

What Is A Special Master? Former President Trump Filed Motion Seeking the Appointment of a Special Discovery Master

sunger on August 24, 2022

Category: Litigation, Uncategorized

Former President Trump’s lawyers filed a motion in federal Court seeking the appointment of a “special master” to inspect the records seized from Mar-a-Lago by the FBI on August 8, 2022. This blog will address what a special master is, the legal standard for the appointment, and the likelihood that a special master will be appointed by the federal Judge deciding former President Trump’s motion.

Discharging Mechanic’s Liens in Pennsylvania

broberto on November 19, 2021

Category: Litigation, Real Estate

If you have had construction work performed at your property, then you may have had the unfortunate experience of having a contractor or subcontractor file a mechanic’s lien against your real property. A mechanic’s lien can cause any number of problems when trying to sell your property – most notably, a cloud on your property’s title. It can also come as a shock to a property owner who was unaware that a subcontractor had not been paid in full.

Appellate Division Rejects Notion That Members Can Simply Assent and Not Agree to the Terms of a Newly Drafted Operating Agreement

bkasper on May 27, 2021

Category: Business & Corporate, Litigation, Uncategorized

On May 26, 2021, the Superior Court of New Jersey, Appellate Division issued an important decision in Premier Physician Network, LLC v. Robert Maro, Jr., M.D., et al, (Docket No. A-1152-20) concerning the governance of New Jersey limited liability companies (LLC). The issue before the Court was whether members of an LLC were bound by the terms of an operating agreement by assent as set forth in N.J.S.A. 42:2C-12(b), which states that “[a] person that becomes a member of a limited liability company is deemed to assent to the operating agreement.” The Court held that a draft operating agreement does not become the operating agreement of an LLC unless there is an agreement of the members. Further, that assent only bounds future members of an LLC to an already agreed upon operating agreement.

Pennsylvania Sheriffs’ Sales Moving to Online Platforms

broberto on April 7, 2021

Category: Legal Updates, Litigation

Like most events in our lives these days, Sheriff Sales of real estate have gone virtual. Bucks County, Pennsylvania has joined Philadelphia, Montgomery, Berks, Adams, and Monroe Counties in holding virtual county Sheriff Sales. An online auction company, Bid4Assets, is used by each of these counties to produce virtual sales. The Philadelphia Sheriff’s Office has held two virtual town halls to introduce the platform and answer the public’s questions regarding the change.

Another Setback for Pennsylvania Landlords

broberto on November 11, 2020

Category: Legal Updates, Litigation
Tag: Links

The Philadelphia Municipal Court issued an Order stopping service of writs of possession and alias writs in residential eviction cases. On November 6, 2020, the court directed that any writs previously issued in any residential case cannot be served until after December 31, 2020. However, landlords can seek relief from the Order with a showing of good cause to serve the writs.

Restaurant’s Challenge to COVID-19 Declarations Could Go to Bankruptcy Court

broberto on November 10, 2020

Category: Legal Updates, Litigation
Tag: About The Firm

A lawsuit filed by Allegheny County and the Allegheny County Health Department (“ACHD”) against The Cracked Egg, LLC may be transferred to the United States Bankruptcy Court for the Western District of Pennsylvania. The Cracked Egg is a restaurant located in Allegheny County, Pennsylvania. Following an investigation by the ACHD in August, the restaurant was ordered to close because it did not comply with mask or facial coverings guidelines.

Will the Coronavirus Be Deemed a Force Majeure Event and If So, How Will That Effect You?

sunger on March 19, 2020

Category: Litigation, Uncategorized
Tag: franland

Contract law offers contracting parties a defense against performing under a contract where the fulfillment becomes impossible due to unforeseen events outside the parties control. These unforeseen events are often called “force majeure” or “acts of god.” With each passing day, the government, in response to COVID-19, is imposing more restrictive containment measures. These measures are likely to affect the parties’ workforce and supplies needed to perform the contract.

House Passes Bill to Address Coronavirus – Now It’s Our Turn to Do Our Part

sunger on March 14, 2020

Category: Litigation, Stark News, Uncategorized

The House of Representatives passed legislation aimed at mitigating the economic impact of the coronavirus by providing financial assistance to businesses and individuals. Assuming the bill is passed by the Senate early next week and signed into law by President Trump, the law would ensure that workers can take paid or sick leave. The bill also bolsters unemployment insurance and guarantees that all Americans receive free diagnostic testing for coronavirus.

The potential economic fallout from coronavirus is unknown at this time.

New Jersey Federal Court Shuts Door on Strike 3 Litigation

gmarkin on March 12, 2020

Category: Cyber Law, Intellectual Property, Litigation, Uncategorized

A recent New Jersey federal court decision denying Strike 3 the right to expedited discovery highlights a recent departure from the status quo of allowing Strike 3 to subpoena Internet Service Providers (“ISP”) such as Comcast, Verizon, and Optimum, in order to discover the identity of the individual subscriber of a certain Internet Protocol (“IP”) address that Strike 3 alleges was used to illegally download its copyrighted adult movies using the file sharing platform BitTorrent. This is good news for those who find themselves caught in the well-oiled litigation machine created by Strike 3 and Malibu Media.

What If: My Tenant Won’t Vacate the Leased Premises?

broberto on March 10, 2020

Category: Litigation, Real Estate

A tenant fails to pay rent or breaches another term of the lease agreement. The landlord terminates the lease. The tenant does not vacate the premises, and does not pay any additional rent. What can you, as a landlord, do to fix this problem? You can get the tenant out, and obtain a judgment for rent owed.

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