Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

1357 Posts and Counting

Excessively Rambling Briefs Do Not Persuade. No Kidding!

No. 1,352 How would you like to open your mail and receive an opinion on your appeal that begins like this? “We note at the outset that at seventy-eight pages, Appellant’s brief is more than two and a half times the ‘safe harbor’ maximum of thirty pages (2.6 times, to be precise). Counsel for Appellant […]

Challenge to CFPB Constitutionality to be Reconsidered by Court en Banc

No. 1,326 As had been expected for some time, the challenge to the constitutionality of the Consumer Financial Protection Bureau will be reconsidered by the full court of the DC Circuit Court of Appeals in a suit brought by mortgage lender PHH.  A panel of the Court had ruled that the agency, as constituted with […]

Shot Across the Border kills someone in Mexico — is there civil liability in US Courts?

No. 1,292 Is there civil liability for death caused by a shot fired across the Rio Grande?  Some think that the US Supreme Court will probably take the case.

Flying Solo: Going to Court Without a Witness

No. 1,262 Summary:  When your client cannot travel,  you may have to consider calling the other party as a witness to prove your case. If your client lives half-way across the country and cannot come to trial, you may be forced to consider obtaining the testimony you need from the other party. In such a […]

Once You Walk Out Your Front Door, Don’t Expect Privacy

No. 1,234 Summary:  Don’t expect privacy anywhere. The ABA Journal Blog reports that the Feds were bugging the area around the front steps of a courthouse.  It seems that lawyers would tell their clients to wait until after leaving the courthouse to talk about their case.  So, they would stand and talk just outside the […]

Don’t fall into the trap of interfering with a contract.

One who intentionally and improperly interferes with the performance of a contract (except a contract to marry) between another and a third person by inducing or otherwise causing the third person not to perform the contract, is subject to liability to the other for the pecuniary loss resulting to the other from the third person’s failure to perform the contract.

Where Did Anybody Ever Get the Idea that Possession is 9/10 of the Law?

The other day I answered a question on AVVO Answers. This individual had had a big fight with his sister and she had “disowned” him. He wanted to know if he could keep the property she had stored in his attic. After all, he said, possession is 9/10 of the law.

Supreme Court Amends Rules to Permit Minors to Sue and Be Sued in Magistrate’s Court Without Appointment of a Guardian

No. 1,140 IN RE; ORDER AMENDING RULES 801-816 AND 820 AND RESCINDING RULE 817 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE GOVERNING ACTIONS AND PROCEEDINGS BEFORE MAGISTERIAL DISTRICT JUDGES.  Magisterial Rules Docket No. 382, March 13, 2015 It is now possible for a minor (defined as a person under age 18) to sue and be […]

More Fee Increases in Allegheny County.

In 1974, it cost $15.00 to file a law suit.As of August 8, it costs $118.00. Do other things cosy eight times as much as they did 40 years ago? Gas at the pump cost 55 cents per gallon. Today it costs about $3.78.Thats around 7 times. Well, I guess filing lawsuits is a bargain compared driving.

Real Estate Disclosure Law Does Not Require Disclosure of Murder-Suicide in the House to be Sold.

No. 1,085 Janet S. Milliken v. Kathleen Jacono et. al. , Pennsylvania Supreme Court, No. 48 MAP 2013( July 21, 2014) The Supreme Court stated the issue and holding thusly: “We are asked to consider whether the occurrence of a murder/suicide inside a house constitutes a material defect of the property, such that appellees’ failure […]

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 40 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.


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