Harper J Dimmerman

Harper J Dimmerman

January 05, 2023 | The Legal Intelligencer

How Difficult Are Legal Malpractice Actions Actually?

There is certainly a fine line between clients being dissatisfied with the outcome of their case and dissatisfied with the services of their attorney, figuring it was those same services that led to the result that would have been reached regardless.

By Harper J. Dimmerman

6 minute read

April 01, 2021 | The Legal Intelligencer

Construction Contracts, the Statute of Repose and UTPCPL

On March 9, the Pennsylvania Superior Court handed down a nonprecedential decision with implications for construction defect litigation in the commonwealth of Pennsylvania.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

October 05, 2020 | The Legal Intelligencer

Standing and a Case of the Lost Note in Foreclosure Action

The court was confronted with the following central issues: whether a lost note affidavit complied with the requirements of enforcement of a lost, stolen or destroyed instrument, 13 Pa.C.S. Section 3309.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

July 06, 2020 | The Legal Intelligencer

Res Judicata: A Bar to a Second Foreclosure Lawsuit?

On May 20, the Pennsylvania Superior Court handed down an important decision concerning mortgage foreclosures. The court was tasked with determining whether a lender may pursue a second foreclosure where its first action was dismissed due to a procedural defect.

By Harper J. Dimmerman and James M. Lammendola

7 minute read

April 02, 2020 | The Legal Intelligencer

The Statute of Frauds as a Shield to Defeat Monetary Claims?

On March 5, the Pennsylvania Superior Court handed down a precedential decision that is instructive on how the statute of frauds has no bearing on the outcome of a matter where the gravamen of the complaint lies in breach of contract and unjust enrichment, despite the fact that the dispute centers on an oral contract to co-own real estate.

By James M. Lammendola and Harper J. Dimmerman

6 minute read

October 07, 2019 | The Legal Intelligencer

Time Restrictions for Striking a Mechanics' Lien in Pennsylvania?

On July 19, the Pennsylvania Superior Court handed down a 2-1 opinion, addressing the rule governing the filing of preliminary objections to a mechanics' lien, specifically when objecting to the failure to file an affidavit of service.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

July 08, 2019 | The Legal Intelligencer

Pennsylvania Supreme Court Clarifies Transient Rental Law

This decision is of vital importance, considering the proliferation of short-term rental offerings, with marketing streamlined by websites as Airbnb and VRBO.

By James M. Lammendola and Harper J. Dimmerman

8 minute read

April 04, 2019 | The Legal Intelligencer

Trying to Compel Arbitration in a Condominium Sale

Seeking both injunctive and monetary relief, Franklin Towne contended that defendants Arsenal Associates L.P. and Mark Hankin had breached the purchase agreement for Unit 215, along with their fiduciary duties, in failing to provide Unit 215 with the agreed upon 600 amps power so it could be used as a gymnasium and additional classroom.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

October 08, 2018 | The Legal Intelligencer

The Constitutionality of Philadelphia's Windows and Doors Ordinance

The Pennsylvania Supreme Court recently handed down an opinion of great interest to anyone who owns a vacant property or is considering purchasing one that may be characterized as blighted by the city of Philadelphia.

By James M. Lammendola and Harper J. Dimmerman

8 minute read

July 06, 2018 | The Legal Intelligencer

Recent Opinion Takes a Look at Lease Obligations and Attorney Fees

A recent Superior Court opinion illustrates the way a fight for attorney fees might transpire within the commercial real estate lease context.

By James M. Lammendola and Harper J. Dimmerman

1 minute read