In the wake of greater shareholder activism, companies, private and public, are continuously searching for ways to curb frivolous shareholder lawsuits. Recently, a few companies have explored the idea of incorporating “loser pays” provisions into their bylaws. These “loser pays” provisions would require a shareholder who loses a shareholder lawsuit to pay for all of the company’s legal fees and costs in defending the action. In the U.S., both parties usually pay their own legal costs. Read the rest of this entry »
On Monday, the U.S. Supreme Court weakened public-sector unions by ruling that thousands of “partial public employee” home health care workers in Illinois do not have to pay mandatory “fair share” fees to cover the union’s cost of collective bargaining. The Court’s decision in Harris v. Quinn limits the viability of public-sector unions in the home-care industry, which has been a rare source of union growth over the past decade. Read the rest of this entry »
Enjoy a night out and see A Few Good Men perform on Friday, July 11, at 7:30 p.m. at the Live at Riverside Summer Concert Series at Riverside Park, Easton. School of Rock, Easton, is the special opening act! Norris McLaughlin is a proud sponsor of this great community event!
Yesterday, the U.S. Supreme Court issued a decision that could help ease the burdens placed on many employers by the Affordable Care Act (“ACA”). In Burwell v. Hobby Lobby Stores , the Court ruled that the federal government cannot force owners of closely-held, for-profit corporations to provide insurance coverage for certain types of contraception that violate their religious beliefs. Read the rest of this entry »
On May 20, 2014, the United States District Court for the Middle District of Pennsylvania found provisions of Pennsylvania law that banned same-sex marriage, and failed to recognize legal same-sex marriages from other jurisdictions, to be unconstitutional. Although the holding in Whitewood v. Wolf primarily invalidated the Pennsylvania laws banning same-sex marriage, the holding affected hundreds of other Pennsylvania laws, ranging from the laws governing hunting/fishing licenses to real estate laws. This widespread effect evidences the many benefits afforded to married couples in Pennsylvania. Similarly, the breadth of the impact serves to underscore the importance of the Whitewood decision.
Recoupment of an overpayment of workers’ compensation benefits to a claimant due to his receipt of offsetable benefits is not barred by equitable principles. In the recent case of City of Pittsburgh v. W.C.A.B. (Wright), No. 329 C.D. 2014, the Commonwealth Court held that the judge erred in concluding that an employer must overcome a presumption of prejudice whenever it wishes to recoup an overpayment of offsetable benefits. In this case, the claimant, who was receiving workers’ compensation benefits, also began receiving disability pension benefits. The employer continued to pay the full amount of workers’ compensation benefits for a period of two months, then began to take an offset and a credit to recoup the overpayment to the claimant. The workers’ compensation judge set aside the recoupment on the basis that the employer failed to prove that it did not prejudice the claimant. The Workers’ Compensation Appeal Board affirmed on the basis that the employer did not issue an LIBC-756, “Employee’s Report of Benefits for Offsets,” which it held was a condition precedent to recoup benefits. The Court determined that both the Judge and the Board erred, and reversed the Board’s Opinion to the extent that it disallowed recoupment of the overpayment. Read the rest of this entry »
Can you have a judgment entered against a debtor without a hearing? In most cases, the answer is no. However, Pennsylvania is one of the few states that permit a creditor to use a mechanism known as a confession of judgment. Pennsylvania Rule of Civil Procedure 2950, et seq., provides that one party to a contract can agree to allow the other party to enter judgment against him or her in the event of a default; this is known as a confession of judgment. This tool permits a creditor, or their attorney, to ask the court for an immediate judgment to be entered against a defaulting debtor without permitting the debtor to respond or contest the judgment. Read the rest of this entry »