Pennsylvania Business Litigation Legal Questions

If the masonry contractor’s work caused debris, mortar, or dust to fall onto your property, the neighbor or the contractor may be responsible for the cleanup and any resulting damage. Even if your neighbor hired the contractor, the law generally holds the property owner and their contractor accountable for making sure work doesn’t damage or interfere with another person’s property. Start by taking photos or video of the mess, including dates and angles showing where the debris came from. Then politely notify your neighbor in writing (text or email is fine) that the work created a mess on your property and request that it be cleaned up or paid for within a reasonable time. If the neighbor refuses, you can contact the masonry company directly and explain what happened — they may fix it to avoid a complaint. If neither acts, you can file a claim in small claims court for the cost of cleaning and repairs. If the damage is significant or the contractor continues to trespass onto your property, consider speaking with a Pennsylvania property or construction law attorney for help enforcing your rights.... Read More

There are a lot of resources concerning parking lot safety and traffic flow. Today, parking lot traffic flow is done by the numbers. Argo insurance company publishes a good deal of literature on parking lot design. I am pointing to that reference because they published their work in easy to read non-technical language what you. What you need to do is compare the local ordinances industry standards and actual design of the parking lot and you should be able to determine if the design feature that caused your difficulty meets the industry standards or local ordinances. Also, look into the American Association of State Highway and transportation officials they publish comprehensive design manuals for roadways and Facilities like parking lots focusing on safety geometric design and traffic flow. While you're at it you might also want to look into the federal highway administration they publish guidelines, best practices, and research reports on managing traffic flow including design consideration controlled access facilities. In my practice I've used all of these resources.  ... Read More

As with many legal issues the short answer to your question is:  It depends.  Whether the landlord can take property in your leased space to satisfy an obligation for unpaid rent depends upon the terms of your lease.  So, a review of the lease would be necessary to determine if the taking was permissible or not.  If the lamdlord took the tablesfor nonpayment of your daughter's rent that seems less likely to be legal but, again, would require a review of both leases - maybe you guaranteed the payment of her rent in your lease and did not realize it.... Read More

If you are asking whether you have a case against mall management for prohibiting the customer from testing the piano my response is:  probably not.  The reason I say this is that I have represented landlords and tenants in retail leases and it is common that landlords include provisions in the leases that prohibit audio of any sort from emanating from the store, restaurant, etc except in limited circumstances or with the landlord's permission for special events, for example.  So, in order to answer your question I would need to see the lease and advise your boss acoordingly.  It could very well be the case that he or she agreed that sound may not be heard outside the store leaving him or her with no case against the landlord.  I know this is not the answer you wanted because you may have lost a customer but I am attempting to give you general guidance based on the limited information you provided.... Read More

Sounds to me like you discovered the radon exactly as an inspection might reveal.  It is unclear from your post what the real estate agent did wrong.  If the home had exposure to radon gas and the homeowner knew it but failed to disclose it on the disclosures report then you might have a reason to avoid the contract.  You do not state anything in your post that ties any sort of responsibility to the real estate agent so I am unclear what you allege he or she did wrong.  As a shorter answer, of course you can sue the real estate agent...does not mean you will win and might even get you sanctioned for brining a meritless claim.  My usual reply to the question "Can I sue...." is just that: of course you can sue - the Courts are open for business.  Pardon my sarcasm but I just want people to have realistic expectations.... Read More

Pennsylvania's Attorney General's office can be found at attorneygeneral.gov.  In particular it sounds like your matter may be handled by the Consumer Affairs bureau.  Be aware that a large part of the AG work centers on crminal matters.  If, however, your dispute is between you as a park owner or tenant and the management company then it sounds like you have a civil dispute on your hands and if that is the case then it is likely that your contract with the management company may address how and where disputes are to be settled.  Arbitration is a common method of handling contractual disputes.  Not every dispute is resolved exclusiely through a lawsuit.  If the attorney you contacted was not able to handle the magnitude or subject of your case then I suggest you keep looking - if you have a legitimate case or claim or controversy there is probably a well-qualified attorney or firm that will be interested in evaluating the case.... Read More

Hard to answer your question without knowing more.  Did your wife know that the salon had sold gift cards before she bough the salon?  She'd be on notice, at least generally, that there's an "account payable" out there that she'd have to fulfill as the new owner.  if she actually didn't know about the gift cards, what did the written purchase agreement say, if anything, about disclosure of liabilities and responsiblity for them? ... Read More

You may be too late to file a mechanic's lien.  If the amount you are owed is less than $12,000, I would suggest that you file suit with the local magistrate.  You'll have a hearing in about 30 days.  That often gets things off the dime.  If the amount due is higher, you'll probably stuck filing in arbitration division of your local court of common pleas.  One good first step is to have an attorney review everything and send a collection letter. ... Read More

I think there's a feature on her phone that she can use to block calls from certain phone numbers.  Its going to be *__ -- not sure of the numbers.  Call whomever she uses for her telephone service and ask this question.  That might be the easiest fix.  You can probably block emails from them as well by marking the sender as "junk" and to have emails from that sender blocked by her email service. ... Read More

Transferring the bad property into an LLC might help insulate your home from liabilies arising from the bad property. You'll have to pay to have a deed prepared, the recording fee for the deed and realy transfer taxes in order to do this.  For example, on a property worth $50,000 -- it'll likely cost you $1,500 to make this transfer.  That doesn't include the cost of forming the LLC. ... Read More

Why can't your friend open a new account with the vendor and resume deliveries?  What's the connection between the vendor and the store being padlocked?  Sounds like the business owner owed some money that he didn't tell you about and the problems have come to a head.  Your friend needs to get a qualified business attorney involved right away to determine his rights and possible remedies. ... Read More

I think your local district magistrate is an excellent place to file this claim.  It gives the manufacturer a specific deadline (the hearing date) by which to take action.  Sometimes that's what it takes.  I've done this myself when I've been dissatisfied with responses from retailers, etc.  You should complete the complaint form (you can find it here:  http://www.pacourts.us/assets/files/setting-897/file-771.pdf?cb=58fb7b), take it to your local magistrate and pay the filing fee.  The magistrate will serve the complaint on Samsung and schedule a hearing.  You should check Samsung's website for the correct address to contact them via the mail.   Good luck fellow "Pittsburgher"!... Read More

Assuming that your contract with your accountant does not contain any limitations on where or how you can sue (i.e. an arbitration clause, or one requiring any suit to be brought in New York) you would sue in whichever place is more convenient for you, which I assume would be Pennsylvania (since the suit arises from services the accountant performed for a Pennsylvania business, I don't think there will be any problem with a Pennsylvania court asserting jurisdiction over her.)   Incidentally, embezzlement is a crime, not a civil cause of action.  Depending on the exact facts, you would be suing your accountant for conversion, breach of fiduciary duty, and malpractice.... Read More

Probably.  The customer is not claiming that her acceptance was not valid because it was provided in an email, which defense would probably not work unless she indicated her intent not to be bound until a contract was signed.  Rather she is claiming that she did consent, but that she did not do so for herself, but as an agent for another.  However, if she never disclosed to you, and you did not know, that she was acting for someone else, she is personally liable on the contract.  She may be entitled to be reimbursed by her customer, but that doesn't affect her obligation to you. ... Read More

In general, an ordinary debt like this would be time-barred. However, you will need to have the suit papers reviewed by an attorney and have the attorney defend you. If you simply ignore the papers, the statute-of-limitations defense will be lost and you will have a default judgment entered against you. Get a lawyer today.... Read More

As a general matter, the rights of a member of an LLC (which is NOT a partnership) are determined by the terms of the parties' operating agreement. An attorney would need to review that agreement before advising you. As a general matter, you may have the right to withdraw from an LLC and will almost certainly have the right to close a "joint" account (although a joint account is not appropriate in the context of a business operated by an LLC). As you say, you need to consult an attorney. As an initial expedient, have you considered simply approaching your co-owner and telling her that you want out?... Read More

Your statement that you "got a restaurant" suggests that you are an owner of the business. Generally, minimum wage and hour requirements do not apply to owners who work in the business. If you have worked for no, or limited, compensation in order to get this business -- of which you are an owner -- off the ground, the business will generally not be liable to you for back pay that you have voluntarily foregone.... Read More

The statute of limitations in Pennsylvania on an oral contract is four years. The statute commences to run as to each invoice when payment of that invoice was due, which, if the invoice specified no terms, would generally be on presentation. The running of the statute should not generally be affected by partial performance unless that performance occurs after the statute has already run, which is not the case here.... Read More