Interviewing on a Clean Slate: Employers’ Obligations Under Pennsylvania’s Newly Enacted Clean Slate Law
8/26/19
By: Sean Riley
Pennsylvania recently became the first state in the country to enact clean slate legislation, which provides for the automatic sealing of non-violent misdemeanor criminal records for those who qualify after a set period of time. The law …
Pennsylvania Superior Court Maintains a Contempt/Sanctions Proceeding is a ‘Civil Proceeding’ Contemplated by the Dragonetti Act
7/29/19
By: Courtney Mazzio
In Pennsylvania, the Dragonetti Act created a wrongful use of civil proceedings cause of action, when a person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to …
Malware Incident in Philly Court that Downed Online Filing Highlights Concerns for Court Systems and Legal Community in the Future
7/11/19
By: Justin Boron
It’s back-to-normal for tech-dependent, legal professionals in the Philadelphia legal community. After a month with no access to online filing due to a malware incident in Philadelphia Court of Common Pleas, attorneys like me—who never knew a …
Waiving the Right to Remove State Court Actions
2/13/19
By: Justine Baakman
Boilerplate Demands for Relief in Pennsylvania Complaint Alone Sufficient to Support an Amount in Controversy Exceeding $75,000
The Eastern District Court of Pennsylvania recently held that one may waive the right to removal to federal court even …
Court Rules No Coverage For Pa. Law Firm's Malpractice Suit
11/26/18
By: Barry Brownstein
An insurer does not have to cover a Pennsylvania law firm in a professional malpractice suit that a client filed after the firm allegedly used privileged information to benefit its attorneys’ side business in a real estate …
Arbitration Agreements in New Jersey Need More Details
11/16/18
By: Chris Curci
On November 13, 2018, the Superior Court of New Jersey, Appellate Division, issued an important decision holding that an arbitration agreement between the employer and employee was not enforceable. Flanzman v. Jenny Craig, Inc., Docket No. …
Discrimination Suit Over Service Dog Revived By Third Circuit
8/23/18
By: Barry Brownstein
The Third Circuit has revived a lawsuit by the parents of an epileptic girl who claim a Pennsylvania school discriminated against her by barring her service dog.
In 2014, Traci and Joseph Berardelli sued the Allied Services …
Amendments To Pennsylvania’s CASPA Will Change The Landscape Of Payment Disputes
8/3/18
By: Jonathan Romvary
Anyone who has ever done any amount of work as a contractor or who has represented them in collections cases has learned from hard experience that it can be all but impossible to get paid for one’s …
Coffee, Water, Less Than 20 Minutes
6/19/18
SCOTUS KICKS THE CAN ON SHORT BREAKS COMPENSATION
By: John McAvoy
On June 11, 2018, the U.S. Supreme Court refused to entertain the appeal of a Pennsylvania employer that could have resolved the emerging split of authority between the federal …
Eleventh Circuit Rejects Insured’s Claim for Coverage for $10.7 Million Loss Under Computer Fraud Policy
6/18/18
By: Bill Buechner
The Eleventh Circuit recently held that an insured could not recover $10.7 million in losses under a computer fraud policy covering losses “resulting directly from” the use of a computer to fraudulently cause a transfer of funds.…
PA Fed. Ct. Finds UberBLACK Limousine Drivers Maintain Independent Contractor Status
4/30/18
By: John P. McAvoy
On April 12, 2018, Uber Technologies, Inc. won its legal battle on the recurring issue of independent contractor misclassification when the Eastern District of Pennsylvania granted the company’s motion for summary judgment in Razak v. Uber …
Guns in Workplace: Primer for Employers in PA & NJ
4/12/18
By: John P. McAvoy
Presently and tentatively, Pennsylvania and New Jersey do not have guns-at-work laws. There are, however, gun laws in place in both states that similarly impede an employer’s ability to control the workplace; namely, the states’ right-to-carry …