Magisterial District Courts in Pennsylvania Do Not Have Jurisdiction to Hear Civil Actions Brought in Equity

Arguably, Magisterial district courts in Pennsylvania do not have jurisdiction to hear civil actions brought in Equity. Pa. R. C. P. M. D. J. 301(A) (includes assumpsit and trespass actions, but not actions in equity); “Note” to Pa. R. C. P. M. D. J. 301(A) (does not include equity jurisdiction); Id. (“Civil action includes actions formerly […]

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IRS Lien Foreclosure on Pennsylvania Entireties Property

NOTE: See, United States v. H., 3:13-cv-338 (M.D. Pa.)(Robert D. Mariani, United States District Judge)(Opinion filed 3/6/2015, Doc. 37, denying IRS motion for summary judgment in foreclosure action against tenancy by the entireties real property owned in Pennsylvania).  March 6 2015 Opinion Denying IRS Summary Judgment The failure to pay federal taxes after demand empowers […]

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Injunctions under the Computer Fraud and Abuse Act (CFAA)

The Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, prohibits, among other things, computer crime involving the knowing, unauthorized transmission of code to a “protected” computer which intentionally causes “damage.” 18 U.S.C. § 1030(a)(5)(A)(i). A violation of the CFAA exposes one to both civil and criminal liability. Dresser-Rand Co. v. Jones, 957 F. Supp. […]

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Loan versus capital contribution

11 Factors: Loan or Capital Contribution?

After a corporation becomes defunct, parties often fight about the characterization of whether a past advance made to the corporation was a loan or capital contribution. Settling disputes over whether a past advance to a corporation was a loan or capital contribution is never easy. Such disputes tend to focus on whether the objective facts show an […]

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Hope

Automobile Repossession Lawsuits

Automobile repossession lawsuits are something our firm can handle for you. Automobile Repossession Lawsuits Filed Against You We can help you with an automobile repossession lawsuit filed against you. Each case is different, but sometimes we can file preliminary objections or motions in these cases to help you.   For example, earlier this year, we […]

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In contempt proceedings, violated court order need not be a formal order entered on docket

In contempt proceedings, the violated court order “need not be a formal order which is entered on the docket.”  849 A.2d 1207, 1210 at fn1 (Pa. Super. 2004)(held that where someone disobeyed a hand-delivered letter from the Court, the letter did not need to be a formal order entered on docket for finding of civil […]

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Implied-in-fact commercial contracts

Implied-in-fact commercial contracts Many of our clients’ business agreements are commercial contracts implied-in-fact.  An implied-in-fact commercial contract can arise where the parties agree to the obligations to be incurred, but their intention is inferred from their acts, in light of the surrounding circumstances, instead of being expressed in words.  We infer the agreement from the parties’ […]

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Post trial motions to increase a jury’s verdict in contract cases: additur motions by a victorious plaintiff when a verdict is inadequate

Post trial motions to increase a verdict in contract cases: additur motions by a plaintiff when a verdict is inadequate A trial court has the power to mold or amend a verdict to correct a mistake.  House of Pasta, Inc. v. Mayo, 303 Pa. Super. 298, 449 A.2d 697 (1982).  Com. v. Troup, 302 Pa. […]

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Motion for post trial relief when verdict bears no reasonable relation to the loss evidence presented at trial

Verdict bears no reasonable relation to the loss evidence A new trial should be granted to a party where “it clearly appears from uncontradicted evidence that the amount of the verdict bears no reasonable relation to the loss suffered by the plaintiff.” Womack v. Crowley, 877 A.2d 1279 (Pa. Super. 2005), appeal denied by, Womack […]

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