09.09.09

Even the worst times do not reach everyone. The “Pet Menu” of a Chicago Hotel features a 10 oz. filet, available 24 hours by room service. Those lucky dogs! No champagne, though.

Mortgage Foreclosure: Beware of Mortgage Servicers’ Tricks and Dodges.

The short answer is that there is a breach of contract by the servicer. The servicer made a deal, then refused to honor it. In such a situation is absolutely imperative for the borrower to get the matter before a judge in a context where the court can grant relief to the borrower. How that happens will vary from state to state. However, the homeowner cannot do it alone. An experienced lawyer (experienced in this field of the law) is required. And yes, if you can afford to pay under a reasonable workout plan and have equity in the property, you can afford a lawyer. The alternative is to lose the house. Do it and don’t wait.

The Value of a Good Introduction.

If you read the immediately previous post about the complaint filed by the tobacco industry against government advertising regulation, you may have noticed something curious. The complaint contained an introduction.

In six fairly succinct paragraphs, the plaintiff tobacco companies presented their argument in summary format. But it was more than a mere summary. It was a mini-brief of their case, one that was intended to persuade or at least enlighten the reader.

We lawyers are accustomed to placing summaries at the head of appellate briefs, but why not complaints?

I discussed the subject with an experience trial lawyer last night, who objected that summaries are not provided for in the Rules of Civil Procedure. Perhaps not, but what is the judge going to do about it? Strike it as impertinent? Most likely, he/she will simply read it. And most likely, this compact statement of the lawyer’s case will make an impression. When filing an Answer, insert your own introduction. But make it to the point, brief and persuasive.

First Amendment: Tobacco Industry Suit Claims Regulations on Advertising Go Too Far.

A case to watch was just filed in a U.S. District Court in Kentucky. Health and safety versus free speech is a recurring theme in Constitutional Law. However, it is too soon to say whether this challenge to legislative regulation of commercial speech will ultimately be a candidate for the Supreme Court docket. This may depend upon how roughly the District and Circuit treat the government regulations at issue on the way up. However, one would suppose that the industry’s lawyers must have seen something encouraging in the emerging first amendment case law to encourage them to risk the challenge.

Buried in Debt, but Not For Eternity.

Of course, it is sometimes possible to be buried in a unique and much coveted site simply for the asking. Pennsylvania Supreme Court Justice Michael A. Musmanno is buried in Arlington National Cemetery quite close to John F. Kennedy, Robert F. Kennedy and now Edward M. Kennedy. He wrote a codicil to his will requesting that he be buried at Arlington as close to JFK as possible. Musmanno was qualified for burial in Arlington by virtue of his military service. When Musmanno died on Columbus Day in 1968, his executor asked Congressman Jim Fulton, a member of the Veterans’ Affairs Committee, to arrange it. And so he did.

Looking For Errors and Finding Them: One Judge’s Experience With Mortgage Foreclosure.

Posted by Cliff Tuttle (c) 2009 The New York Times ran an article today that should be instructive to people who wonder why there is so much controversy over mortgage foreclosures. Judge Arthur M. Schack frequently dismisses mortgage foreclosure petitions on his own motion because the pleadings are just not right. Every one of the […]

Here’s a Happy Thought.

Posted by Cliff Tuttle (c) 2009 W. C. Fields may have said, “Everyone needs to believe in something and I believe I’ll have a drink,” but he didn’t say: “I’d rather have a bottle in front of me than a frontal lobotomy.” Tom Waits, quoted in Creem Magazine, March 1978, did. Thanks to the Yale […]

Pittsburgh Legal Newslog: Mylan, Inc. sues PG in WV Over Articles Alleging Quality Control Guidelines Were Overidden by Employees.

The Post Gazette had reported that workers were overriding QC rules in the manufacturing of pharmaceuticals. This report caused Mylan’s stock price to suffer a severe jolt. Mylan alleged in the suit the PG’s allegations were untrue and were based upon documents “misappropriated by the newspaper. Various other theories are expounded in the Complaint, which can be accessed by a link in the story.

Are Bank of America and J P Morgan Chase, et. al. Accounting to Anyone for How They Spend Billions Appropriated to Save Homeowners from Foreclosure?

I am willing to bet a month of lunches that there is no plan for adequate oversight of this activity. How could there be? What army of auditors has been mustered to do it? Don’t say federal bank examiners can do it in their spare time. They don’t have any. Not on this monumental scale.

O. Max Gardner III on Teddy Kennedy and Overcoming Our Greatest Mistakes in Life.

Gardner says that Ted Kennedy was, unlike his two brothers, a natural compromiser and deal maker. This, he believes, was the secret to his remarkable output of important legislation. Here are a portion of his remarks on Ted Kennedy’s fall and redemption.

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CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 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.

Pittsburgh Legal Back Talk

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

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