“No Poach Approach”? Hostility Toward No-Hiring Provisions Continues To Grow
5/26/21
By: Justin Boron Businesses should be wary of entering anti-poaching provisions with their competitors. If there wasn’t enough evidence that these provisions create legal risk, a Pennsylvania Supreme Court decision at the end of April should finally pique the concern of business competitors who have entered into agreements not to hire or solicit each other’s…
Sudden Emergency Defense- Suddenly disappears in Pennsylvania?
1/7/21
By: Josh Ferguson The Pennsylvania Supreme Court recently issued an opinion that appears to limit, if not eliminate, the sudden emergency defense in motor vehicle accident claims. Graham v. Check, No. 42 WAP 2019 (Pa. Dec. 22, 2020). In that matter, Plaintiff was a pedestrian who was struck and seriously injured by Defendant. In the case the…
Pennsylvania Opens Flood Gates to Unlimited Video Footage Discovery Requests
8/28/20
By: Erin Lamb The Pennsylvania Supreme Court declined to review a Superior Court opinion issued in the case of Marshall v. Brown’s IA, LLC, that found that Plaintiff was entitled to a new trial in a case where the trial judge declined to give an adverse inference jury instruction when the defendant produced only portions…
PA Supreme Court Elevates State Pay Standards Above the FLSA on Fluctuating Work Week
2/12/20
By: Justin Boron Going forward, Pennsylvania employers should be wary of relying on federal rules for their pay policies. As a general principle, courts and regulators interpret Pennsylvania’s wage and hour laws consistently with the Fair Labor Standards Act. But the Pennsylvania Supreme Court called this principle into question when it held that the fluctuating…