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  • Gainer v. Unemployment Comp. Bd. of Review

    Publication Date: 2024-08-30
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1577 C.D. 2022

    Claimant who mistakenly applied for wrong unemployment compensation program in good faith nonetheless remained obligated to repay improperly received benefits. Order of the Unemployment Compensation Board of Review affirmed.

  • Grimwood v. Unemployment Comp. Bd. of Review

    Publication Date: 2024-08-30
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wolf
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 12 C.D. 2023

    Unemployment compensation benefits claimant's appeal from determination of ineligibility was untimely where filed beyond the statutory deadline and claimant failed to present evidence overcoming the presumption of the Mailbox Rule. Order of the Unemployment Compensation Board of Review affirmed.

  • England v. Merion Constr.

    Publication Date: 2024-08-23
    Practice Area: Labor Law
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 304 C.D. 2021

    Claimant petitioned for review of an order of the Workers' Compensation Appeal Board that affirmed two decisions of a Workers' Compensation Judge regarding claimant's post-injury claim. The court affirmed, holding that the WCJ correctly identified claimant's employer as the subcontractor that he worked for on a construction project, which had purchased WC insurance through the general contractor-controlled insurance program, rather than the general contractor itself. The court concluded further that the WCJ correctly calculated the su

  • Razak v. Uber Tech., Inc.

    Publication Date: 2024-08-16
    Practice Area: Labor Law
    Industry: E-Commerce | Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16-573

    Both parties filed post-judgment motions after second jury deadlocked on whether plaintiff Uber drivers were misclassified as independent contractors under the Fair Labor Standards Act and court drew on its inherent authority to dismiss this case with prejudice and granted defendant's rule 50(b) motion for relief. Motion granted.

  • Hollingsworth v. Rabe Envt'l Sys., Inc.

    Publication Date: 2024-08-16
    Practice Area: Labor Law
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-333 ERIE

    Plaintiff's hostile work environment and wrongful termination claims failed where they were based on his unfounded speculation and subjective belief regarding defendant's racial animus. Defendant's motion for summary judgment granted.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • PG Publ'g Co., Inc. v. Pittsburgh Typographical Union #7

    Publication Date: 2024-08-16
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Beck
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1035 WDA 2023

    Trial court properly denied appellant's motion for permanent injunction seeking to enjoin unions from "trespassing" on appellant's "private property" at building during a labor dispute because appellant did not establish unions caused property damage, engaged in violence, or seized appellant's property and did not err by determining that the National Labor Relations Act preempted appellant's request for an injunction premised upon Pennsylvania trespass law and that the instant dispute was a labor dispute subject to the Labor Anti-Inju

  • Malak v. Maxim Healthcare Serv. (Workers' Comp. Appeal Bd.)

    Publication Date: 2024-08-16
    Practice Area: Labor Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 396 C.D. 2021

    Workers' Compensation Appeal Board erred in affirming the denial of a penalty petition seeking reimbursement of medical marijuana costs where neither the Medical Marijuana Act nor federal law prohibited a workers' compensation insurer or employer from reimbursing for reasonable and necessary medical marijuana treatment costs. Order of the Workers' Compensation Appeal Board reversed.

  • Pennsylvania State Sys. of Higher Educ. v. Pennsylvania State Sys. of Higher Educ. Officers' Ass'n

    Publication Date: 2024-08-09
    Practice Area: Labor Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 961 C.D. 2022

    University could terminate police officer for discriminatory social media posts under long-standing public policy prohibiting discrimination and department policy requiring officers to exercise their duties with respect for others' rights. Petition for review granted.

  • Iskra v. Aussie Pet Mobile Bux-Mont (Workers' Comp. Appeal Bd.)

    Publication Date: 2024-08-09
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 503 C.D. 2021

    Workers' compensation judge erred in reinstating total disability benefits as of the date of court decision striking down impairment rating evaluation provisions rather than the date of claimant's reinstatement petition where the court decision was not given full retroactivity. Order of the Workers' Compensation Appeal Board vacated and remanded in part and reversed in part.

  • Moorehead v. Sch. Dist. of the City of Allentown

    Publication Date: 2024-08-02
    Practice Area: Labor Law
    Industry: Education | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:22-cv-03959-JMG

    Court dismissed self-incrimination and unreasonable search claims where plaintiff had never been charged with a crime and his school district employer's search of employer-provided electronic devices was reasonable as part of its investigation into whether plaintiff had participated in a violent riot or associated with extremist groups. Defendants' motion for summary judgment granted in part.