James W Cushing

March 26, 2014 | The Legal Intelligencer

Divorce is always a trying time for those going through it, but, in some cases, that time can be exacerbated by the death of one of the parties in the process of divorce. When someone dies in the midst of divorce, the property owned by that person slips into a sort of limbo between being subject to the divorce litigation and also to the law surrounding estates, inheritances and probate.

By James W. Cushing

4 minute read

March 25, 2014 | The Legal Intelligencer

In the case of In re S.H., O.H. and N.H., 2013 Pa. Super.165, the decision of the Superior Court of Pennsylvania has potentially far-reaching statewide ramifications regarding the relationship between an order of permanent legal custody from Dependency Court and a typical custody order from Family Court (Domestic Relations).

By James W. Cushing

6 minute read

February 25, 2014 | The Legal Intelligencer

It is practically axiomatic among family law practitioners that a parent who has primary child custody is entitled to receive child support. There can be exceptions to this practice, such as the case decided by the Pennsylvania Supreme Court captioned as Colonna v. Colonna, 581 Pa. 1.

By James W. Cushing

4 minute read

January 27, 2014 | The Legal Intelligencer

Decades of Pennsylvania law concerning eligibility for unemployment compensation after accepting an early retirement package have been overturned in the recent landmark Pennsylvania Supreme Court case of Diehl v. Unemployment Compensation Board of Review, 57 A.3d 1209.

By James W. Cushing

4 minute read

December 24, 2013 | The Legal Intelligencer

The U.S. Supreme Court, in the matter of Vance v. Ball State University, 133 S.Ct. 2434 (2013), has weighed in on who qualifies as a supervisor of employees in order to assess liability for workplace harassment.

By James W. Cushing

4 minute read

December 02, 2013 | The Legal Intelligencer

Most people recoil at the idea of discriminating against people and probably just as many presume that existing laws prohibit discrimination. What many do not realize is that the laws against discrimination, for the most part, only cover those in so-called "protected classes." The typical protected classes are, as one may expect, based on race, gender, national origin, religion, age (over 40), and disability. Needless to say, it is unlawful for a landlord to discriminate against prospective tenants on the basis of any of these. Aside from these protected classes, can a landlord discriminate in choosing his or her tenants on the basis of other reasons?

By James W. Cushing

3 minute read

October 29, 2013 | The Legal Intelligencer

When litigating a family matter, which generally involves the intersection of divorce, support and custody matters, practitioners and parties often try to find creative solutions to very sticky problems, many of which can have a significant impact on a person's life. One way to attempt to bring a family matter to a resolution that some attorneys and parties consider, or even try, is to negotiate the payment of child support in consideration of gaining bargaining rights or negotiation room on some other issue, such as child custody or property distribution.

By James W. Cushing

3 minute read

September 19, 2012 | The Legal Intelligencer

They say the house always wins at a casino; however, against all odds, one would wager that a recent case brought in Atlantic County, N.J., seems to be a victory for the gamblers instead.

By James W. Cushing

1 minute read

July 02, 2013 | The Legal Intelligencer

For the most part, the obligation to pay child support for a child terminates when the child reaches the age of 18, but is this termination automatic and, if not, can arrearages accrue after a child reaches the age of 18 if a petition to modify is not filed?

By James W. Cushing

1 minute read

March 06, 2012 | The Legal Intelligencer

Justice is supposed to be blind, but can it also serve the deaf? One of the most legally underserved groups in America is the deaf.

By James W. Cushing

1 minute read