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New York Law Journal

Not So Fast: Death of Labor Department Fiduciary Rule May Not Be Imminent

Jeff Kern, of Sheppard Mullin, explores the considerations that may not spell the imminent death of the Department of Labor rule that imposes a fiduciary standard on those who provide investment advice in connection with employer retirement plans and Individual Retirement Accounts following the election of Donald Trump to the presidency. He writes that reports of the rule's demise may be premature. Whether its death knell is sounded depends on how the new administration chooses to navigate certain political, legislative, and regulatory obstacles.
15 minute read

New York Law Journal

Triana v. Sodexo, Inc.

By | December 13, 2016
Hospital Dietician Not Irreparably Injured By Loss of His Employment, Medical Benefits
3 minute read

New York Law Journal

USA v. Worldwide Industrial Enterprises, Inc.

By | December 13, 2016
Limit Period for Communications Act §503(b)(4) Begins When Forfeiture Order Is Issued
3 minute read

The Legal Intelligencer

City of Williamsport Bureau of Codes v. DeRaffele, PICS Case No. 16-1748 (C.P. Lycoming) Lovecchio, J. (11 pages).

By | December 09, 2016
A municipality properly adopted a copyrighted internationally-recognized property maintenance code where it had adopted a previous version of the code by ordinance, and state law provided that any national or international standard code adopted by reference encompassed subsequent changes to the code.
6 minute read

The Legal Intelligencer

Whitmoyer v. Workers' Comp. Appeal Bd., PICS Case No. 16-1473 (Pa. Commw. Dec. 1, 2016) Simpson, J. (42 pages).

By | December 09, 2016
In a workers' compensation action involving an employer's subrogation rights, the court concluded the term "compensation" in §319 of the Workers' Compensation Act encompassed medical expenses in addition to indemnity benefits and affirmed the lower court.
5 minute read

The Legal Intelligencer

J.P. v. Dep't of Human Serv., PICS Case No. 16-1481 (Pa. Commw. Nov. 21, 2016) Covey, J. (8 pages).

By | December 09, 2016
An administrative appeal was incorrectly denied where appellant had no notice or right to appear in an underlying adjudication providing the basis for the appeal denial, thereby suffering a denial of due process. Order of the DHS Bureau of Hearings and Appeals reversed.
5 minute read

The Legal Intelligencer

Marchese v. PennDOT, PICS Case No. 16-1496 (C.P. Lycoming Nov. 10, 2016) McCoy, J. (7 pages).

By | December 09, 2016
Civil penalties arising from the refusal of a blood test following an arrest for DUI, in violation of the Implied Consent Law, was constitutional, where there was no criminal consequence for refusing a blood test.
4 minute read

Litigation Daily

Kasowitz Wins One for Marine Who Tried to Save His Comrades in Afghanistan

In a year where emails and mishandling of classified information have loomed so large, this case stands as an example of misapplied justice.
12 minute read

The Legal Intelligencer

Justices OK FOP Benefits Admin's Use of Funds in Union Election

A nonprofit corporation's actions are authorized if they are not clearly unrelated to its purpose, or prohibited by law, the Pennsylvania Supreme Court said in a decision allowing the Philadelphia Fraternal Order of Police's benefits administrator to spend money endorsing a candidate for the union's president.
7 minute read

New York Law Journal

Linza v. Colvin

By | December 01, 2016
Dismissal for Inadequate Service Denied; Discretionary Service Extension Granted
3 minute read

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