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Duane Morris LLP: Pennsylvania Court Digs New Ground for Excavator's Lien Claim: Firmer Foundation or Deeper Hole?

Particularly with the recent amendments to the Pennsylvania Mechanics' Lien Law of 1963 (49 P.S. § 1101-1902, the "Lien Law"), any appellate decision construing the meaning of the Lien Law and its original and amended language can be considered a significant event. All decisions in...

Duane Morris LLP: New E-Verify Requirement for Pa. Public Works Contractors, Beginning January 1, 2013

On July 5, 2012, Pennsylvania Gov. Thomas Corbett signed into law S.B. 637 , requiring state public works contractors and subcontractors involved in projects of more than $25,000 to use E-Verify starting on January 1, 2013, or they will lose their right to contract with the Commonwealth of Pennsylvania...

Duane Morris LLP: First ATM Accessibility Class Action Lawsuit, Pursuant to the Americans with Disabilities Act, Is Filed in Philadelphia

The first of what is likely to be many ATM accessibility class action lawsuits, pursuant to the Americans with Disabilities Act (ADA), against Philadelphia-area banks was filed in federal district court in Philadelphia this week. The lawsuit against Beneficial Mutual Savings Bank was filed by the same...

Duane Morris LLP: Key Calif. Supreme Court Decision for Developers in Resolving Construction Defect Disputes

On August 16, 2012, the California Supreme Court in Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC held that arbitration provisions in Covenants, Conditions and Restrictions (CC&Rs) are enforceable against an owners association. The state Supreme Court's decision settles...

Duane Morris LLP: Third Circuit Ruling Affords Defendants Protection from Amended Complaints After Statute of Limitations Runs Out

The U.S. Court of Appeals for the Third Circuit limited plaintiffs' ability to add claims to a complaint under the relation back provision of Federal Rule of Civil Procedure 15(c) in Glover v. FDIC , No. 11-3382 (Sept. 5, 2012). The Third Circuit limits plaintiffs' ability to use the relation...

Duane Morris LLP: New Jersey Property Owners Who Suffered Significant Damages as a Result of Hurricane Sandy May Be Entitled to Property Tax Relief

Any property owners in New Jersey who have suffered substantial damages to their real property as a result of Hurricane Sandy should be entitled to tax relief pursuant to New Jersey law. Specifically, N.J.S.A. 54:4-35.1 provides that any parcel of real property containing a building or other structure...

Duane Morris LLP: N.J. Superior Court Finds That Condemning Authority Is Not Required to Negotiate with Mortgagee Prior to Initiation of Eminent Domain Action

In a recent decision, the Appellate Division of the Superior Court of New Jersey has held that New Jersey law does not require a condemning authority to negotiate with a mortgagee, which has obtained a final judgment of foreclosure on the subject property, prior to the initiation of an eminent domain...