Aggressive Advocates For Your Rights

May 2013 Archives

Known Disabilities Must Be Accommodated

Canteen Corp. v. Pennsylvania, 814 A.2d 805, (Pa. Commonwealth) is an employment discrimination suit. Here, the employer violated the Human Relations Act because the employer failed to accommodate an employee's disability. The Defendant appealed the Pennsylvania Human Relations Commission's decision; however, the decision was affirmed by the court. 

Tax Bureau's Job to make a reasonable effort to identify owners

In Husak v. Fayette County Tax Claim Bureau, 61 A.3d 302 (Pa Commw.) the trial court was correct in setting aside the tax sale. In this case, the Plaintiffs' property was foreclosed in February 2006; Fannie Mae purchased the property at a sheriff's sale and recorded the sheriff's deed. However, the plaintiffs', while still residing on the property, repurchased it from Fannie Mae. At the time of repurchase, Fannie Mae executed a quitclaim deed. A quit claim deed is when the grantor transfers all of his/her interest to the grantee. Any defects associated with the property, such as taxes, now become the grantee's problem. However, the Plaintiffs' never recorded the deed because the Plaintiffs' counsel wanted a notarized deed. Frannie Mae did not send a notarized deed to the Plaintiffs until March 2011, at which time the deed was promptly recorded. 

Products Liability in New Jersey

Knoster v. Ford Motor Company 2006 WL 2561234 (C.A.3 (N.J.)) is case where the Plaintiff filed claims under both the New Jersey Product Liability Act ("PLA") and the New Jersey Consumer Fraud Act. Specifically under the PLA, the plaintiff filed a failure to warn and a design-defect claim. The District Court dismissed the consumer fraud claim and entered judgment in favor of the Defendant based on the jury's verdict. The Plaintiff appealed on a variety of claims. 

Have a Well-pleaded Complaint

In Pashak v. Barish, the husbad of the appellant, William Pashak, agreed to settle a negligence case for $100,000 in accordance with advice from his attorney, Marvin Barish, Esq. 450 a2d 67 (1982). The settlement stemmed from an employment action where Mr. Pashak was working on a ship and was injured. Mr. Pashak executed a release and subsequently received the settlement proceeds. 

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