Litigation

Moving any piece of civil litigation through the court system is an important aspect of service to the client.  Efficiency in advocacy is critical to representation.  A litigator must be aware of the local landscape and use that backdrop to the client’s advantage where possible.  Knowing when action is required or not required, ascertaining deadlines and effectively communicating with court administration and staff enhances the representation of the client.  Moreover, awareness of local practice allows the litigator to focus on substantive issues pertinent to the matter without becoming bogged down by the mechanism by which those substantive issues will be presented to the Court.  

The Bucks County Court of Common Pleas, like many jurisdictions, maintains practices and procedures unique to the practice of law in the County relating to issues and matters such as discovery, scheduling of preliminary injunction hearings, local rules relating to other matters such as timing of memoranda in support of motions and responses, jury selection, voir dire and the order of presentation.  These areas can be problematic to the out of county practitioner.  

The attorneys at Antheil Maslow & MacMinn have more than 50 years’ combined experience in the practice of civil litigation in the Bucks County Court of Common Pleas.  Throughout those years, the attorneys of the Firm have navigated the procedural landscape in the Bucks County courts, developed an understanding of the principles upon which the procedures are based and personally encountered many of the procedural pitfalls which may entrap an unwary litigator unfamiliar with the unique set of practices and procedures which govern the practice of law in this County. Along with easy access to the Courthouse, the Firm possesses the most up-to-date technology for the transfer of information to the Courthouse and communication with court administration, clients and other parties. The combination of experience and technology renders Antheil Maslow & MacMinn uniquely situated to serve as local counsel in a cost-effective and efficient manner.     

Several regional and national firms, recognizing the benefit of local counsel, have retained Antheil Maslow & MacMinn to serve in that role.  We stand ready to provide the insight and guidance of local knowledge gained through years of practice in the community in which we live and work.           

Legal Services Related to Shareholder/Member/Partner Disputes:

Shareholder/Member/Partner disputes can arise over a number of factors, including:

• Disputes over language in shareholder agreements, operating agreement, partnership agreements, and limited liability agreements

• Succession issues

• Financial disagreements, undisclosed earnings or secret dealings

• Breach of contract or fiduciary duty

• Partnership or shareholder buy-outs

• Underperformance of a partner

• Personal and managerial conflicts

• Deadlocks – where two equal partners cannot agree

• Oppressed minority shareholder disputes

• Fraud • Embezzlement

• Business disparagement

• Leaking of trade secrets

• Disclosing sensitive information

 

 

Legal Services Related to Commercial General Liability Coverage:

Key factors:

  • Whether an Insurer has a duty to defend its insured;
  • Whether an Insurer has a duty to indemnify, or pay a judgment entered against its insured;
  • The Insurer’s right to audit its insured and assess an additional premium;
  • Analysis of tenders for defense and/or indemnity by contractors and subcontractors on an additional insured and insured contract basis;
  • What policy limits apply and whether they are excess or pro rata;
  • Whether a loss falls within the:
  • Expected or Intended Injury Exclusion;
  • Contractual Liability Exclusion
  • Liquor Liability Exclusion
  • Employer’s Liability Exclusion
  • Pollution Exclusion
  • Aircraft, Auto or Watercraft Exclusion
  • Damage to Property Exclusion
  • Damage to Your Work Exclusion
  • Whether a loss is covered under the Products-Completed Operations Hazard
  • Whether a loss is covered under the Personal and Advertising Injury coverage.