James W Cushing

August 07, 2012 | The Legal Intelligencer

For those interested in how religion and the law intersect, there is a new case to watch for in Lancaster County.

By James W. Cushing

1 minute read

December 21, 2012 | The Legal Intelligencer

A question was recently posed to me asking whether a withdrawal from a 401(k) would cause one's unemployment compensation benefits to be denied, be diminished or even cease if already in payment. The answer to this inquiry is not totally clear.

By James W. Cushing

1 minute read

October 05, 2012 | The Legal Intelligencer

I am sure you have seen billboard or newspaper advertisements that read something like “$250 Divorce!” or “Divorce Only $350!” Usually, the prices indicated are less than $500; indeed they are so low that they are less than the typical lawyer's hourly rate for one hour of work, let alone a proper full retainer. How can these rates be so low for this sort of work? Clearly there has to be a catch.

By James W. Cushing

1 minute read

March 22, 2013 | The Legal Intelligencer

The matter of Hubbard v. Donahoe, Civil Case No. 03-1062, U.S. District Court for the District of Columbia, is a class action lawsuit that pits the United States Postal Service against its deaf and hard-of-hearing employees.

By James W. Cushing

1 minute read

September 27, 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

1 minute read

February 01, 2013 | The Legal Intelligencer

The matter of Krushauskas v. Workers' Compensation Appeal Board, 56 A.3d 64 (Pa.Cmwlth. 2012), involved a claimant who suffered a work-related injury while working as a stock picker for General Motors. Claimant Thomas Krushauskas filed a penalty petition against GM alleging it unilaterally suspended his benefits without any additional agreement or order. Simultaneously, Krushauskas voluntarily entered GM's attrition plan and accepted early retirement. The court noted that no one was forced into the attrition plan and, in fact, Krushauskas had 45 days to revoke the decision to enter it. Krushauskas argued that he did not intend to retire and was simply taking advantage of the plan offered.

By James W. Cushing

1 minute read

May 21, 2013 | The Legal Intelligencer

The Rules of Civil Procedure are designed to facilitate litigation so it can be performed smoothly and predictably. Unfortunately, one simply cannot predict and write a rule for every possible contingency that could happen in the life of a case. There will always be circumstances that seem to fall into the cracks between the rules.

By James W. Cushing

1 minute read

February 22, 2013 | The Legal Intelligencer

The matter of DeLage Landen Financial Services v. Rovner Allen, 85 Bucks Co. L. Rep. 983 (2012), reminds practitioners to be vigilant in protecting their clients' appeal rights at the conclusion of trials.

By James W. Cushing

1 minute read

January 28, 2013 | The Legal Intelligencer

Over the last several months, three new unemployment compensation cases have been decided by courts that are critical for practitioners to keep in mind as they pursue their unemployment compensation cases.

By James W. Cushing

4 minute read

June 08, 2012 | The Legal Intelligencer

Unfortunately for claimants, it appears that the Department of Labor will be scrutinizing their applications closer than ever in the foreseeable future.

By James W. Cushing

1 minute read