July 14, 2022 | The Legal Intelligencer
USPS Employee Loses Case Involving Sunday Sabbath AccommodationA three-panel U.S. Court of Appeals for the Third Circuit, however, with one judge dissenting, held that the accommodation Groff sought (exemption from Sunday work) would cause an undue hardship on the USPS.
By Cliff Rieders
8 minute read
June 02, 2022 | The Legal Intelligencer
Justice Kavanaugh for the Defense: Opinion Tackles Section 1983 ClaimThis case required the court to examine prior precedents and historical practice to determine what a favorable termination actually entails.
By Cliff Rieders
6 minute read
March 24, 2022 | The Legal Intelligencer
Protecting Patients From Disclosure of Mental Health IssuesOne issue in Pennsylvania that will just not go away relates to a party's mental health records and to what extent they may be disclosed and utilized as evidence.
By Cliff Rieders
9 minute read
February 24, 2022 | The Legal Intelligencer
A Bad Round of Golf: 'When Does the Law Step In?'Many people take part in golf events, not to hit that little white-dimpled ball, but to drink and party. If that drinking and partying gets out of control, resulting in injury to others, the question may be posed: when does the law step in?
By Cliff Rieders
9 minute read
February 03, 2022 | The Legal Intelligencer
COVID in the Courts: Administrative Agencies and Vaccine MandatesIt is no shock or surprise that the courts are now asked to determine how far the legislature or the executive may go in developing rules with respect to fighting the COVID-19 pandemic. Not surprisingly, most executives have relied upon their own emergency powers, rather than new legislation, to impose vaccine, mask and other mandates.
By Cliff Rieders
8 minute read
January 06, 2022 | The Legal Intelligencer
Who Is Minding the Internal Machinations of Political Parties?While the court should not become ethical review boards for political parties, the integrity of the Democratic process does require that the parties follow their own internal structure in disciplining candidates.
By Cliff Rieders
4 minute read
December 30, 2021 | The Legal Intelligencer
Are Colleges, Universities on the Hook When Hazing Crosses the Line?The court found there was no negligence per se, negligence, duty or contractual right. Even though there were rather dramatic and lengthy allegations concerning how the student was treated and claims that the university turning a blind eye, the court found there was no abuse, no affirmative duty and no harassment because of sex.
By Cliff Rieders
9 minute read
December 02, 2021 | The Legal Intelligencer
Old Precedent Is Alive and Kicking: FLSA and 'Par-Knit Mills'This case that is a Fair Labor Standards Act case cites to the author's seminal victory in Par-Knit Mills v. Stockbridge Fabrics, 636 F.2d 51 (3rd Cir. 1980). This case also has implications for Pennsylvania's new Arbitration Act.
By Cliff Rieders
3 minute read
September 30, 2021 | The Legal Intelligencer
Court Debates Private Cause of Action Under the MMA in 'Palmiter'The court ruled, in fairly perfunctory fashion, that the act provides a private cause of action. Therefore, there may be a claim brought for wrongful discharge of an employee under the act.
By Cliff Rieders
7 minute read
September 02, 2021 | The Legal Intelligencer
COVID Vaccine Hesitancy: An Old Debate Warmed OverThe legislature of Massachusetts required vaccination of its inhabitants and set appropriate penalties for refusal. The objection was predicated upon the Fourteenth Amendment to the Constitution.
By Cliff Rieders
6 minute read