Pittsburgh Legal Back Talk

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

1410 Posts and Counting

Accusations Against Justice Baldwin While Acting as GC at Penn State Should Not Be Taken As Fact.

Justice Baldwin has had a distinguished career of service that can be matched by few others in this Commonwealth. She is entitled to the presumption that she represented Penn State in a prudent and effective manner.

Supreme Court Accepts Appeal on Wal-Mart Case

In case you may be interested, the Pennsylvania Supreme Court recently granted the petition for allocatur in the case of Braun v. Walmart Stores. The initial appeal was decided by the Superior Court last June and is reported at 24 A.3d 875 (2011). This was a class action involving employee wage and hour claims which was tried in the Philadelphia Court of Common Pleas in 2009. Wal-Mart had appealed from a judgment in the amount of $187,648,589.11.

Default Judgment — The Postman Cometh But Once.

No. 824 Many mortgage foreclosure defendants fall into this trap. The Complaint is filed and no response is filed.  After twenty days have elapsed, a ten-day notice is served, but the borrowers are seeking a modification, so nothing happens.  Time goes by, perhaps a year.  Then one day, without further notice, default judgment is taken, […]

Don’t Post Anything on Facebook that You Wouldn’t Want To See as Exhibit A In Court.

Bloggers say this all of the time. Plenty of people don’t listen. Here’s A Pennsylvania Common Pleas case that illustrates what can happen. The judge ordered discovery of the entries on the Facebook page of a plaintiff in an auto accident. It included entries about a supposedly seriously injured person going to the gym, etc. The Court stated that no court has ever held that there is an expectation of privacy on Facebook. On the contrary, the court noted, Facebook is for sharing.

Thank You Real Estate Agents

No. 731 Thanks to the great group of real estate agents that took the continuing professional education class I gave at CCAC North this past week.  They asked plenty of great questions and added a great deal to the discussion. I will be giving the class at least four more times in the Spring at […]

The Art of the Objection.

Like so many things that lawyers do, stating objections in court requires preparation, experience and skill. If you don’t state your grounds quickly, the damage may be done, even if the objection is sustained.

Superior Court Holds that Unauthenticated Text Messages Are Inadmissible.

The police had found text messages containing evidence of a drug deal on a defendant’s cell phone. The Court held that it was hearsay without the same kind of authentication that is required for other documents.

Pitt Law and Age Discrimination.

William Brown, 73, stated in his U S District Court complaint that he has been passed over for a woman in her thirties because the law school administration was concerned that the average age of the faculty was too old.

Facing Up to the Reality of Social Media.

No. 691 What ethical issues are there for lawyers who do or don’t invade adversary’s Facebook pages looking for evidence?  I have heard various pronouncements that it may be malpractice for a lawyer to fail to investigate the opponent’s Facebook Page.  But what about the subterfuge that might be required to gain access?  I am […]

Small Task, Big Damages

Those of us who have zoning practice are required to do it all of the time: make a list of the names and addresses of all property owners whose land is adjacent to the property in question. Not too difficult. Yes, you should include properties across the street. And if the tax map shows properties almost touching, include them too. But other than that, its just a little map reading exercise.

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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.

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