Harper J Dimmerman

January 06, 2015 | The Legal Intelligencer

Litigators know that proving fraud against a seller in the residential real estate context can be challenging and being awarded damages for fraud even more so. The recent decision in Floyd v. Wigfield, handed down this past October, provides a useful analysis of the facts and types of claims that should be considered.

By Harper J. Dimmerman and James M. Lammendola

6 minute read

January 05, 2015 | The Legal Intelligencer

Litigators know that proving fraud against a seller in the residential real estate context can be challenging and being awarded damages for fraud even more so. The recent decision in , handed down this past October, provides a useful analysis of the facts and types of claims that should be considered.

By Harper J. Dimmerman and James M. Lammendola

6 minute read

November 04, 2014 | The Legal Intelligencer

On Oct. 14, the state Superior Court released its decision in Liberty Place Retail Associates v. Israelite School of Universal Practical Knowledge, (2014 PA Super 233, No. 2557 EDA 2013), and upheld the denial of a request for a permanent injunction, by a Philadelphia Court of Common Pleas judge, to prohibit the weekly demonstrations held by the Israelite School of Universal Practical Knowledge (ISUPK). The demonstrations take place on a public sidewalk, directly abutting one of the five entrances to the Shops at Liberty Place, owned by the Liberty Place Retail Associates L.P. Both the Common Pleas and Superior courts found that neither a trespass nor private nuisance was proven.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

August 05, 2014 | The Legal Intelligencer

When litigating matters in Pennsylvania, recouping attorney fees for your clients can pose a formidable challenge. As a general rule, such fees are only recoverable when authorized by contract or statute. In the realm of contractor disputes, the Pennsylvania Contractor and Subcontractor Payment Act (CSPA), 73 P.S. Sections 501-516, allows for reasonable attorney fees if a party qualifies as a "substantially prevailing party." On June 30, the Superior Court handed down Waller v. Warren Plaza, 2014 Pa Super 134 (Waller), a 2-1 decision that examines issues related to a successful attorney fee claim that is likely to cause a great deal of discussion among practitioners in this area of law.

By Harper J. Dimmerman and James M. Lammendola

6 minute read

May 06, 2014 | The Legal Intelligencer

"Where a party conveys land to which he had no title, or a defective title, and afterwards acquired a good title, that title immediately inures to the benefit of the grantee," according to Dixon v. Fuller, 46 A. 553 (Pa. 1900). This legal principle, enunciated by the Pennsylvania Supreme Court more than a century ago, represents the essence of the doctrine of estoppel by deed. Still alive and well, this same doctrine was applied in a notable Superior Court decision, Shedden v. Anadarko E&P, 2014 PA Super 53 (filed March 14, 2014).

By James M. Lammendola and Harper J. Dimmerman

6 minute read

February 04, 2014 | The Legal Intelligencer

On Dec. 16, the Pennsylvania Supreme Court handed down a decision that will assuredly have an impact on a property owner's decision to challenge an upset tax sale, based on an alleged violation of the notice provisions contained within the Real Estate Tax Sale Law. In Horton v. Washington County Tax Claim Bureau, our state's highest court scrutinized the meaning of the phrase "proof of mailing" and reached an important conclusion for any stakeholder in a tax sale.

By Harper J. Dimmerman and James M. Lammendola

7 minute read

November 26, 2007 | The Legal Intelligencer

"The less [she] knew, the better" are the actual words uttered by a listing agent, upon her clients' inquiry concerning the extent of their disclosure obligations.

By Harper J. Dimmerman

7 minute read

October 24, 2011 | The Legal Intelligencer

On Sept. 28, the Pennsylvania Supreme Court handed down a unanimous decision in Piper Group Inc. v. Bedminster Township Board of Supervisors and Bedminster Township, one which clarified the pending ordinance doctrine and will likely impact the manner in which zoning ordinances are challenged in the commonwealth.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

June 16, 2008 | The Legal Intelligencer

It would be an anathema to discover that alternative dispute resolution spawns litigation, rather than stemming it or even eliminating it altogether.

By Harper J. Dimmerman

6 minute read

December 08, 2008 | The Legal Intelligencer

There's no denying that the concept of a supermarket is becoming fuzzier by the day, thanks to the likes of the Wal-Marts and Targets of the world.

By Harper J. Dimmerman

6 minute read