Archive for the ‘Litigation’ Category
It seems that everyone is talking about (and through) social media networks these days. Facebook recently broke the 1 billion users mark (you read that correctly, a whopping one BILLION people log on to Facebook now). And that’s not all. YouTube boasts 1 billion users, Twitter is catching up with 500 million users, LinkedIn has over 259 million users and, according to Tumblr, there are over 101 million active blogs with more than 46 billion blog posts. It seems that, more than ever, people are logging on to social media outlets to talk to friends, seek employment (or employees), find inspiration, and provide opinions, advice and ideas (including me, in this very blog post). With all the blogging and posting and sharing, legal issues are bound to happen. So, what are some things you should keep in mind before logging on, particularly if yours is one of the many businesses jumping on the social media bandwagon? Read the rest of this entry »
If you are a property owner building a home or a commercial site, you probably assume that you are protected against defective or shoddy work by some form of insurance, right? After all, you checked to make sure your contractor was fully insured…and, on top of that, you have a comprehensive homeowners’ or business property insurance policy. The scary truth, however, is that even the most comprehensive insurance policy – whether your own or your contractor’s – usually does not provide coverage for defective workmanship. Read the rest of this entry »
Chances are that earlier this year, very few people knew who Bruce Hanes was. Even if the name still does not sound familiar, his story certainly is.
In June, the U.S. Supreme Court ruling on the Defense of Marriage Act mandated the federal government to recognize same-sex marriages from states that allow them. Since the decision, couples in states that do not recognize same-sex marriages have flooded the court system with lawsuits. Conditions are ripe for litigation in those states, including Pennsylvania. Read the rest of this entry »
For many residential landlords, just getting possession of their property back from a rent delinquent tenant is victory enough. They assume that even if they obtain a money judgment against the tenant, the failure of the tenant to pay rent is likely evidence that the tenant does not have sufficient assets to satisfy any judgment that could be obtained and therefore the landlord has no choice but to write off the unpaid amount. What many landlords probably do not know is that if a landlord obtains a money judgment against a residential tenant for unpaid rent, the judgment can be satisfied by the garnishing of that tenant’s wages. Read the rest of this entry »
As technology continues to advance and improve, it also assumes an increasingly prominent role in our lives. For many, the rise of technology translates to more frequent and pervasive use of social media. When we want to tell others what we’re doing, we update our Facebook status. When we want to comment on politics or current events, we Tweet about it. When we want to share a photograph of a fun or exciting experience, we post it on Instagram. In partaking in all of this social media activity, we are unlikely to consider how these actions may affect our lives on a broader scale. Specifically, how might posts on social media come into play were we to be involved in a lawsuit? Read the rest of this entry »
The Pennsylvania Right To Know Act: The Effect of Bowling v. Office of Open Records on Public Agencies and Open Records Cases
On August 20, 2013, the Supreme Court of Pennsylvania decided, in an opinion authored by Justice McCaffery, to expand the role of state courts in cases challenging the application of the Right to Know Act. In Bowling v. Office of Open Records, an employee of the Pittsburgh Tribune-Review sought access to records from the Pennsylvania Emergency Management Agency (“PEMA”). The employee sought access to invoices and contracts that related to equipment and services purchased by PEMA with federal grant funds. While PEMA provided access to the records, it redacted much of the information in the records including the recipients of the goods and services, citing concerns for homeland security, national defense, and public safety. Read the rest of this entry »
On July 23, 2012, under threat of being excluded from participation in NCAA programs as a sanction relative to the sexual abuse allegations against Jerry Sandusky, Penn State (PSU) executed a binding Consent Decree to pay a $60 million dollar fine, payable in five (5), $12 million installments, to be used by the NCAA’s Child Sexual Abuse Endowment Task Force (Task Force), which had not yet been created. On January 4, 2013, Senator Jake Corman of the 34th Senatorial District of Pennsylvania filed suit against the NCAA and the chair of the NCAA’s Task Force and a request for preliminary injunction requesting that the NCAA be enjoined from disbursing any of PSU’s initial $12 million dollar payment, which had been set aside in escrow. Read the rest of this entry »
Around the start of the new millennium, there was a great hue and cry among healthcare providers regarding a “medical malpractice crisis.” There were complaints of a multitude of lawsuits being filed against healthcare providers, including many frivolous suits, jury verdicts into the millions, and increases in the costs of medical malpractice insurance for medical providers. Read the rest of this entry »
On August 29, 2013, the Department of the Treasury and the Internal Revenue Service issued Rev. Rul. 2013-17, implementing the Supreme Court’s decision in U.S. v. Windsor, 570 U.S. ___, 133 S. Ct. 2675 (2013). The Ruling holds that the terms “spouse,” “husband,” “wife,” and “husband and wife” include individuals in valid same-sex marriages for federal tax purposes. The Ruling also holds that the term “marriage” includes same sex marriages. Perhaps most importantly, the ruling clarifies that same sex individuals will be considered lawfully married for purposes of the Internal Revenue Code as long as they are married in a state authorizing same sex marriage, “even if they are domiciled in a state that does not recognize the validity of same-sex marriages.” Read the rest of this entry »
Prior to joining the firm, Jackie served as law clerk to the Honorable Stephen G. Baratta, President Judge, Court of Common Pleas of Northampton County. During her clerkship, she served the county in litigation matters and gained experience in drafting judicial opinions and orders and conducting legal research. Jackie also was a judicial intern in the U.S. District Court, Southern District of New York, where she was involved in cases regarding Title VII employment discrimination, constitutional rights claims, and Social Security benefits appeals. Outside of work, she volunteers on the Brooklyn Law School Alumni Admissions Board.