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JUDGE JAMES CONTINUES STAY ON LANDLORD REGISTRATION ORDINANCE

Superior Court Clarifies Owner Liability for Corporate Debts

Because of the Superior Court’s recent ruling in Mark Hershey Farms, Inc. v. Scott T. Robinson, et al., executives who aren’t company shareholders or other owners (such as members of a limited liability company), can never be held personally liable for a corporation’s debt, even if the executive’s behavior was reprehensible.

Judge James Continues Stay on Landlord Registration Ordinance

On December 29, 2016, Judge James, “in the interest of judicial economy,” signed a court order stating that he won’t take action on Jones, Gregg’s pending case challenging that the City’s Landlord Registration Ordinance violates Pennsylvania’s Home Rule Charter...

Act 171 Opens Doors to Minority, Women, and Veteran-Owned PA Businesses

With the federal government considering a huge infrastructure investment, Pennsylvania’s Act 171 business certification expansion will open a wide range of opportunities to our state’s minority, women, and veteran-owned businesses.

Whether new Fair Labor Standards Act overtime rules take effect in December 2016 or a recently passed House bill succeeds in delaying implementation until June 2017, start planning now to comply with the new regulations and protect your business.

On December 29, 2016, Judge James, “in the interest of judicial economy,” signed a court order stating that he won’t take action on Jones, Gregg’s pending case challenging that the City’s Landlord Registration Ordinance violates Pennsylvania’s Home Rule Charter until Commonwealth Court rules on two cases against the City of Pittsburgh brought by the Service Employees International Local 32 BJ and the Pennsylvania Lodging Association. Judge James noted that all three cases “raise the issue of the extent of the authority of the City of Pittsburgh to enact certain legislation that imposes duties not authorized by the Home Rule Charter.”

 

 Both the SEIU and PA Lodging Association cases are now in appeals court, consolidated by the Commonwealth Court. Oral arguments were heard on November 16, 2016. The Commonwealth Court will enter an en banc decision, in which every judge heard arguments and will vote on a decision. It may take months before Commonwealth Court renders a decision.

 

 Jones, Gregg attorney John Corcoran, who is challenging the City’s Landlord Registration Ordinance on behalf of our clients, anticipates that “the matter will be appealed to the Pennsylvania Supreme Court, because the Commonwealth Court decision will have a significant impact on the ability of the City of Pittsburgh to regulate business. The Supreme Court has already ruled in Business Owners and Managers that the Home Rule Charter restricts the City’s actions. Should the Commonwealth Court decision be consistent with the Supreme Court’s Business Owner’s decision, the City of Pittsburgh’s powers would be limited and the Landlord Registration Ordinance would be declared invalid. We are waiting for this Commonwealth Court decision with great anticipation.”

 

 The Landlord Registration Ordinance remains stayed by Court Order, based on Jones, Gregg’s efforts, so the city cannot currently register landlords.

 

 

 

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