Contracts: Negotiating Attorneys Fee Awards

The good news is that this benefit is often available for the asking. When the parties are feeling friendly and there are no disputes on the horizon, a contract provision that awards attorneys fees when a litigant has to go to court to collect money or assert other contractual rights will often attract no attention at all. It may even seem fair to the adverse party, who thinks that such a circumstances is so remote that it doesn’t matter.

Real Estate: Q: What is the 2008 equivalent of a $50,000 mortgage in 1974? A: $217,837.

Posted by Cliff Tuttle In 1974, Pennsylvania enacted an important piece of consumer protection legislation known as Act 6 of 1974. It defined a “Residential Mortgage”, as “an obligation to pay a principal sum of $50,000.00 or less evidenced by a security document and secured by a lien upon real property located within this Commonwealth […]

Landlord-Tenant: Double Damages? Peanuts! Give me Triple!

The Consumer Protection Law contains a series of specific factual circumstances when the statute may be applied, including through recent amendment, a “catch-all” provision: “engaging in any other fraudulent or deceptive conduct which creates a liklihood of confusion or of misunderstanding” (Sec. 201-2(4)(xxi). This provision, while expanding the scope of UTPCPL, is held by the Pennsylvania Supreme Court to require strict proof of all of the elements of common law fraud. This in turn, creates a substantial burden of proof on the Plaintiff and has lead to the demise of numerous Consumer Protection Law cases based on the catch-all provision where one or more of the elements of common law fraud could not be proven.

Increase in Deposit Insurance: The Silver Lining

The proposed increase in FDIC Insurance to $250,000.00 per account is coming about under the worst circumstances, but just in time. Increased deposits in insured institutions will mean more money for community banks, credit unions and thrifts to lend for home loans, small business loans and consumer loans. While the Senate enacted it last night as a temporary measure, we predict that the House will adopt the increase in deposit insurance and it will never be permitted to lapse.

Trick Questions for Sarah

What is going on here? Does the fact that Palin, a non-lawyer, might someday be President and thus nominating members of the judiciary, justify this kind of vetting? And is it meaningful? [Quick — name a US Supreme Court case!] Perhaps her rival, Senator Biden, who might someday appoint a future Secretary of the Interior, should also be given a quiz on Alaskan wildlife and natural resources. Of course, that won’t happen. It wouldn’t be as much fun as picking on little Sarah.

Landlord-Tenant: Much Ado About Security Deposits.

Posted by Cliff Tuttle What happens when a landlord gives back a tenant’s security deposit and subsequently sues for damages? Thirty days have passed and no list of damages was given by the landlord to the tenant. Does this failure to provide a list of damages bar recovery pursuant to Section 512(b) of the Pennsylvania […]

Can you handle the Truth? Economics 1001 in a Nutshell.

Posted by Cliff Tuttle Here is a concise Q&A on the current economic upheaval as guest posted on the Freakonomics blog by two experts from the University of Chicago School of Economics. Required reading during a week when the words “since the Great Depression” are starting to appear everywhere. Click here. CLT

Criminal Law: A Matter of First Impression

Posted by Cliff Tuttle Once again, the Wall Street Journal Law Blog featured a case in the United States District Court for the Western District of Pennsylvania. District Judge Terrance McVerry held that cell phone records sought by police for the purpose of establishing the whereabouts of a suspect require a warrant. Here is the […]

LANDLORD-TENANT MONTH: SEE HOW YOU SCORE IN THIS QUIZ ON PENNSYLVANIA LANDLORD AND TENANT LAW

September is hereby declared to be Landlord-Tenant Month on Pittsburgh Legal Back Talk. Check your knowledge of basic LL/TT law in this little True and False Quiz. Then, watch this blog every day for articles about the topics covered by this Quiz and more. Make a record of your answers to these ten questions before checking the Official Answers.

Back Talk Requested: A Chip on Your Shoulder?

Even when voluntary, it just doesn’t seem right, does it? Should we permit people to voluntarily consent to such an invasion of their body? Who should be permitted to relinquish so much privacy? Would you agree to be chipped in exchange for something you really need? Like a job? Like a life-saving operation?

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Welcome

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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