• Dunetz v. Charles H. Sacks D.M.D., P.C.

    Publication Date: 2023-11-13
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 302 C.D. 2022

    Board properly upheld Workers' Compensation Judge's decision reinstating claimant's benefits as of the date of the reinstatement petition, rather than the date of the original impairment rating evaluation, court's statements in Dana Holding Corp. v. Workers' Compensation Appeal Bd., 232 A.3d 629, regarding the availability of an equitable balancing test and retroactive application of Protz v. Workers' Compensation Appeal Bd., 161 A.3d 827 in extraordinary cases did not require reversal of board's decision and board properly applied pr

  • Borough of State Coll. v. Borough of State Coll. Police Ass'n

    Publication Date: 2023-10-23
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 696 C.D. 2022

    Grievance arbitration was justified in finding that borough lacked just cause to terminate police officer after it violated internal affairs regulations by relying on matters not considered by the review board to justify terminating officer. Order of the trial court affirmed.

  • Crane v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-10-23
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1301 C.D. 2021

    Unemployment Compensation Board of Review erred in denying claimant's application for unemployment compensation benefits where the board's factual findings were unsupported by the uncontroverted facts in the record. Order of the UCBR reversed.

  • Cairns v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-10-23
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 336 C.D. 2022

    Claimant petitioned pro se from respondent Unemployment Compensation Board of Review's decision affirming as modified a referee's decision denying benefits for a four-week period in 2020. The court vacated and remanded for further proceedings where the Board's findings of fact were ambiguous as to claimant's status as a per diem or long-term substitute teacher, which in turn informed the question whether respondent's most recent employment offer represented a substantial reduction in wages and hours.

  • Roberts v. Pennsylvania State Employees' Ret. Bd.

    Publication Date: 2023-10-02
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 339 M.D. 2022

    Petitioners asserted the 2017 amendment to the state employees retirement code was unconstitutional under art. V, §§1 and 16(a) of the Pennsylvania constitution and court found it was impossible to calculate an annuity of a defined-contribution retirement plan because it depended on individual choices and future market performance, the amendment did not violate art. V, §16(a) because the changes applied generally to all salaried officers of the commonwealth and petitioners did not demonstrate the 2017 plan was unconstitutional either

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

    View this Book

    View more book results for the query "*"

  • Clark v. Keystone Lawn Spray (Workers' Comp. Appeal Bd.)

    Publication Date: 2023-09-25
    Practice Area: Employment Litigation
    Industry: Chemicals and Materials
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1468 C.D. 2022

    Subsequent workers' compensation claim petition was barred by res judicata/collateral estoppel where the petition alleged disability beginning on the date of a prior work accident that employee had been adjudicated in a prior petition to have recovered from. Order of the Workers' Compensation Appeal Board affirmed.

  • Bat Conservation & Mgmt., Inc. v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-09-25
    Practice Area: Employment Litigation
    Industry: Manufacturing | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 559 C.D. 2022

    Employer petitioned for review of respondent's remand order reversing a referee's decision and finding claimant eligible for unemployment compensation benefits. The court vacated and remanded to allow employer to proffer rebuttal evidence on claimant's assertion she was discharged not for willful misconduct, but in retaliation for complaints of sexual harassment by employer's president.

  • Nunez v. B. Braun Med., Inc.

    Publication Date: 2023-09-18
    Practice Area: Employment Litigation
    Industry: Health Care | Investments and Investment Advisory
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Smith
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-4195

    Defendant defined contribution retirement plan's committee did not breach its duty of prudence under ERISA with regard to plan's investment funds because committee had in place an objectively prudent process for monitoring and managing the investment funds and record keeping fees, the investment funds were objectively prudent and its recordkeeping fees and choice of a new recordkeeper were objectively prudent. Judgment for defendant.

  • Alston v. Penn State Health Milton S. Hershey Med. Ctr.

    Publication Date: 2023-09-18
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Kane
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1:23-cv-00643

    Defendant moved to dismiss plaintiff's employment discrimination complaint for failure to adhere to the pleading standards required under the Federal Rules of Civil Procedure. The court denied the motion where plaintiff's complaint, while containing technical violations of the rules, provided notice of her claims and the grounds upon which they rested.

  • Morell v. Erie Reg'l Airport Auth.

    Publication Date: 2023-09-11
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-278 Erie

    Defendant moved to dismiss plaintiff police officer's Fair Labor Standards Act claim for unpaid overtime incurred while caring for his K-9 dog that lived with him and court found the claim was not barred by the "reasonable agreement" exception to the FLSA recognized in Krause v. Manalapan Twp., 486 Fed. Appx. 310, but plaintiff's unjust enrichment and overtime claims failed for lack of specificity. Motion granted in part and denied in part.