No More Mechanic’s Lien Waivers in Pennsylvania (sort of)
The Pennsylvania legislature has passed a law revising the Mechanics’ Lien Law of 1963 that, as of January 1, 2007, a wavier of a contractor of its lien rights is…
Legal Insights
Student Complaints Against Teachers Guidelines to Protect the District
Alfred Maiello
Student or parent complaints regarding misconduct by teachers is always a sensitive matter but one which requires prompt and immediate action by the District. Individuals vested with responsibility for investigating…
Garnishing Tenant’s Wages for Delinquent Rent – Residential Dwelling
Alfred Maiello
Effective January 21, 2006, the Pennsylvania Supreme Court has put in place rules enabling a residential landlord to attach a tenant’s wages in order to satisfy judgments for delinquent rent.…
Premises Liability for Third Party Crime
Alfred Maiello
Owners and managers of commercial property (including leased residential properties) can be held liable under civil negligence claims for harm to persons caused by third party crime. For example, the…
New Wellness Policy Requirements in Effect July 1
Alfred Maiello
Has your school district adopted the required student wellness policy? Don’t forget that the Federal Child Nutrition and WIC Reauthorization Act requires that every district receiving federal funds for breakfast…
Use of Video Surveillance Evidence to Support Employee Discipline
Alfred Maiello
When confronted with concerns of employee theft, Districts have turned to hidden surveillance cameras to obtain the proof to support a termination. However, to assure that evidence will be considered…
Commonwealth Court Affirms Right of School Districts to Appeal Tax Assessments Based on Recent Sales
Alfred Maiello
On occasion, it has been argued by taxpayers or their counsel during the course of an assessment appeal brought by a school district that the district’s appeal constitutes “spot assessment”…
Non-Resident Tuition – To Charge or Not?
Alfred Maiello
The beginning of a new school year brings many challenges for school administrators. A new school year also results in a flurry of motions and requests from Family Division and…
Student Discipline for After-School Misconduct
Alfred Maiello
School officials can have a difficult time determining the boundaries of their authority to discipline students for misconduct, especially when the misconduct occurs off school property or after school hours.…
Speculation and Assumption Improper in Assessing Property
Alfred Maiello
Assessment of property cannot be based on speculation and assumption with respect to future or possible use. In ENF Family Partnership v. Erie County Bd. of Assessment Appeals[1](2004), the property…
Mortgage Satisfactions: The (Possibly) High Cost of Non-Compliance
Alfred Maiello
As Bankers Trust found out the hard way, mere negligence in a very simple task could result in a significant expense… Financial institutions, like other businesses, face tough budget decisions.…
Sales and Use – A Taxing Question
Alfred Maiello
Confusion has continued since the Sales and Use Statute was substantially revised in 1998. Most of the confusion arises when the owner is a public or charitable entity. The old…