The Third Circuit Court of Appeals hit PennEast Pipeline Company with another setback on November 5, 2019. The Court of Appeals denied the company’s request for a rehearing of the Court’s earlier decision, which held that the 11th Amendment of the United States Constitution prohibits PennEast Pipeline Company from suing the State of New Jersey in Federal Court. Order Rehearing Denied 11.5.19. So, where does PennEast go from here? We hope home, but that…

This past week, Chapter 11 debtor Sears Holdings Corporation (“Sears”) filed hundreds of preference complaints to recover money from paid pre-petition creditors. For most creditors, it must seem odd to be receiving a complaint to return money for goods or services sold prior to October 15, 2018 (the date when Sears filed for bankruptcy protection). However, the practice of recovering “preferences” in bankruptcy is allowed by federal statute – 11 U.S.C. 547. Before you go…

Destination Maternity Corporation filed for Chapter 11 bankruptcy on Monday in Delaware under docket number 19-12256. The large maternity-wear retailer owns approximately 458 U.S. stores comprised of 362 Motherhood Maternity Stores, 26 Pea in the Pod stores, and 70 Destination Maternity stores.…

The general conception by most people is that a Last Will and Testament must be signed by the Decedent in the presence of two witnesses. While this is undoubtedly the preferred method for a Last Will and Testament to be executed, it is not the only way that a Will may be deemed validly executed by a Decedent.…

This is the second blog in a series of blogs examining the differences between New Jersey Lien Law and Pennsylvania Lien Law. Read part one discussing notice and timing differences here. Since these states share a border, and many contractors operate in both states, they should be aware of the differences in the corresponding Lien Law Statutes. One key difference between the two states concerning the ability to file construction liens by a contractor…

When community association board members hire a transition attorney for their condominium or homeowners association, they may not know exactly what to look for. They may not know much about transition to begin with, or may not know the right questions to ask in order to find the right transition attorney. If your association is looking for a transition attorney, or you are reconsidering the one you have, the following may help you to identify…

A shortage of economically attractive men is yet another reason you may need a pre-nup before tying the knot. A recent Cornell University study published in the Journal of Marriage and Family says that one of the reasons the U.S. has seen a decline in marriage is because there is a shortage of men who are “economically attractive.” The study attributes the shortage to various factors, including the economy, which currently has more lower-paying and…