James M Lammendola

January 04, 2016 | The Legal Intelligencer

Snyder v. Thomas is unique in that it entails the manner in which an attorney's involvement on only one side of a real estate transaction, however straightforward, can impact a specific performance analysis.

By Harper J. Dimmerman 
and James M. Lammendola

5 minute read

October 06, 2015 | The Legal Intelligencer

A recent state Superior Court decision underscores the sanctity of contracts and interprets the Pennsylvania Code escrow provisions as they relate to real estate brokers. This case, Ramalingam v. Keller Williams Realty Group (No. 2185 EDA 2014, filed July 20, 2015), is labeled as nonprecedential. Nevertheless, the court's application of the law, especially in the context of an appeal from a bench trial, is highly instructive.

By Harper J. Dimmerman and James M. Lammendola

7 minute read

July 07, 2015 | The Legal Intelligencer

The prolonged legal wrangling over Kardon Park, a 50-acre area of parkland that occupies parts of Downingtown Borough and East Caln Township in Chester County, continues with a Commonwealth Court decision April 29.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

July 06, 2015 | The Legal Intelligencer

The prolonged legal wrangling over Kardon Park, a 50-acre area of parkland that occupies parts of Downingtown Borough and East Caln Township in Chester County, continues with a Commonwealth Court decision April 29.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

April 07, 2015 | The Legal Intelligencer

Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) should give landlords pause before withholding security deposits. In Hansen v. Bupp, No. 673 WDA 2014 (non-precedential), a state Superior Court decision handed down Feb. 24 affirmed a significant award against a landlord. The litigation stemmed from a dispute over the withholding of a security deposit and rent in the context of a residential lease to college students in Allegheny County.

By James M. Lammendola and Harper J. Dimmerman

6 minute read

April 06, 2015 | The Legal Intelligencer

Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) should give landlords pause before withholding security deposits. In Hansen v. Bupp, No. 673 WDA 2014 (non-precedential), a state Superior Court decision handed down Feb. 24 affirmed a significant award against a landlord. The litigation stemmed from a dispute over the withholding of a security deposit and rent in the context of a residential lease to college students in Allegheny County.

By James M. Lammendola and Harper J. Dimmerman

6 minute read

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