From The Real Estate Law Journal: Pennsylvania Appellate Court Stands Against Treating Lis Pendens as if it were a Preliminary Injunction

August 13, 2020

In an article published in The Real Estate Law Journal, Obermayer partner Richard Limburg examines a case concerning lis pendens in Pennsylvania. Although the commonwealth has a statute requiring a notice of lis pendens to be filed and indexed, it retains a common-law approach to challenging or striking the notice after it has been filed. The doctrine of lis pendens makes it more difficult for third party purchasers to claim lack of notice, because constructive notice of the pending lawsuit is presumed once a notice of lis pendens has been filed. To that extent, it has been viewed positively as helping to preserve the court’s power to grant relief in cases involving title to or possession of specific property. In September 2018, the Pennsylvania Superior Court issued its opinion in Barak v. Karolizki, concerning lis pendens in Pennsylvania. Notably, the Superior Court overruled two Common Pleas decisions—Philadelphia Waterfront Partners, L.P. v. Churchill Development Group, LLC and Patriots Corp. (USA) v. Ord—on the ground that they erroneously applied the standard for a preliminary injunction to a notice of lis pendens.

The article was published in Thomson Reuters’ Real Estate Law Journal  Vol. 48 Fall 2019, p. 108-162. The Real Estate Law Journal draws on the expertise of leading real estate attorneys, financial and business experts, and tax specialists to provide working solutions to everyday legal issues.

Richard primarily practices in the areas of business and commercial litigation, including complex cases, injunctions, and commercial arbitration. His other areas of practice have included insurance company insolvency proceedings, civil RICO, and civil appeals.

 

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