(Upcoming) ADA and FMLA Updates and Interplay; and Privacy and Social Media in the Workplace, Fundamentals of Employment Law Seminar, Sterling Education Services, Inc., Altoona, PA, Aug. 28, 2013
10 New Developments in Employment Law, North Central PA Society of Human Resource Management (SHRM), DuBois, PA, April 9, 2013.
Religious Accommodations, Wilkinson-Campbell Chapter American Inns of Court, Feb. 28, 2013.
Managing Employees: 10 Issues of Law and Governance, Leadership Centre County and Centre Foundation Transformational Leadership Series, State College, PA, Feb. 26, 2013.
Employers, Employees, and Medical Records Requests, Lorman Medical Records Law Seminar, Altoona, PA, January 31, 2013.
Unplugged: Disconnecting from Social Networks at Home and Work, Harrisburg University Social Media Summit, May 23, 2012.
That is So 12 Seconds Ago: Social Media Ethics/Professionalism/Civility, group presentation for Wilkinson-Campbell Chapter of American Inns of Court, State College, PA on January 26, 2012 (press release here).
Curses, Sued Again: Avoid Legal Pitfalls with Swearing and Bulling in the Workplace, HR Hero, April 28, 2011.
E-Discovery Sanctions: Good Faith is Hard to Find and Bad Faith Means "Nothing" - The Pennsylvania State University IT Security Day, April 3, 2009.
Four Under 40 Rising Stars in Centre County Business, Town & Gown, February 2013 p. 69.
2012 ABA Journal Blawg 100.
HR Examiner Top 25 Online Influencers: The Pulse of HR 2012.
2011 LexisNexis Top 25 Labor and Employment Law Blogs.
Top 100 Employment Law Blog, Delaware Employment Law Blog.
For Employers, Discrimination Based on Sexual Orientation is a Legal Minefield, Reading Eagle Business Weekly, May 21, 2013.
Welcome, What's Your Password? (employers requesting social media login information in job interviews), Centre Daily Times, July 22, 2012.
Blawger's Manifesto, The Federal Lawyer published by Federal Bar Association, Jan./Feb. 2012 (pre-publication version available here).
E-Discovery: Golden Opportunity for New Attorneys, At Issue published by Pennsylvania Bar Association Young Lawyers Division, Fall 2010.
Vague Affirmative Defenses and Motions to Strike Them, Pennsylvania Bar Association Civil Litigation Update, Winter 2010, Cover Story.
Fostering an Entrepreneurial Spirit in Associates, American Bar Association Law Practice Today, February 2010.
EEOC Transgender Ruling Could Lead to Gay Bias Claims, LawyersUSA Weekly Update, May 12, 2012 (republished in New England In-House here).
Supreme Court Allows Third-Party Retaliation Claim, LawyersUSA Online, January 26, 2011 (subscription required).
Workzone: Pa. get on the work-sharing bus, Pittsburgh Post-Gazette, April 8, 2012.
Business Insurance Magazine
Hundreds of Prior NLRB Rulings Could be Invalidated, Business Insurance Magazine, March 24, 2013.
Knowledge, Training Key to Avoiding Religious Discrimination Claims, Business Insurance Magazine, February 12, 2012.
American Jobs Act Would Prohibit Bias Based on Unemployment Status, Business Insurance Magazine, September 15, 2011.
Most Anti-Bias Efforts Stall with Changes at State Level, Business Insurance Magazine, July 18, 2011.
Gender Bias Claims Not Slowing Down, Business Insurance Magazine, February 21, 2011.
High Court Lowers Bar on Discrimination Suits, Business Insurance Magazine, May 31, 2010.
Employers Urged to Save Pay Documents, Business Insurance Magazine, February 8, 2010.
Ledbetter Fair Pay Law Hasn't Flooded Courts, Business Insurance Magazine, February 8, 2010.
Age Bias Bill Would Ease Burden for Plaintiffs, Business Insurance Magazine, October 19, 2009.
Age Bias Charges Surge as Firms Shed Workers, Business Insurance Magazine, August 24, 2009.
Pennsylvania Bar Association ("PBA") Case Summaries
Note: I continue to write case summaries but have stopped updating this section.
LLC that Acquires Membership Interests from Contracting LLC Has Standing to Enforce Restrictive Covenant Against Terminated Employee, Missett v. HUB International Pennsylvania, LLC, 2010 PA Super 178 (2010). PBA Civil Litigation Update Fall 2010, Vol. 15 No. 4 p. 11.
Individual Class Members Have Standing to Move for Judge's Recusal, and Recusal Motion Must Be Decided Prior to Issuing Substantive Orders, In Re Bridgeport Fire Litigation, 2010 PA Super. 181 (2010). PBA Civil Litigation Update Fall 2010, Vol. 15 No. 4 p. 12.
Strict Liability Design Defect Claims Against Pharmaceutical Manufacturers Are Not Recognized But Do Not Preclude Negligent Design Defect Claims, Lance v. Wyeth, 2010 PA Super 137 (2010). PBA Civil Litigation Update Summer 2010, Vol. 15 No. 3 p. 10.
Despite Liquor Liability Exception, Insurer Must Defend Insured Establishment in Negligence Action for Ejecting Clearly Intoxicated Patrons, Penn-America Insurance Co. v. Peccadillos, Inc., 2010 PA Super 130 (2010). PBA Civil Litigation Update Summer 2010, Vol. 15 No. 3 p. 10.
Physician with Sufficient Training, Experience, and Knowledge Is Competent to Testify if Practicing in a Related Field to Defendant-Physician with Regard to the Specific Care at Issue, Vicari v. Spiegel, 989 A.2d 1277 (Pa. 2010). PBA Civil Litigation Update Spring 2010, Vol. 15 No. 2 p. 8.
Plaintiff May Amend Complaint to Specify Commonwealth Agency Where Only the Commonwealth is Named in the Caption but AGency is Named Throughout the Body of the Complaint, Piehl v. City of Philadelphia, 987 A.2d 146(Pa. 2009). PBA Civil Litigation Update Winter 2010, Vol. 15 No. 1 p. 13.
Failure to File One Certificate of Merit of Fifteen in a Professional Liability Suit Is a Reasonably Excusable Oversight Sufficient to Open a Judgment of Non Pros for a Meritorious Claim, Estate of Aranda v. Amrick, 2009 Pa. Super. 233 (2009). PBA Civil Litigation Update Winter 2010, Vol. 15 No. 1 pp. 16-17.
Arbitration Agreement Specifying “Comparative Fault” Bars Recovery When Plaintiff Is More Than Fifty Percent Negligent, Rekun v. Pelaez, 976 A.2d 578 (Pa. Super. June 22, 2009). PBA Civil Litigation Update Fall 2009, Vol. 14 No. 4 pp. 17-18.
Employer Is Entitled to Subrogate Against Employee’s Third-Party Recovery in a Motor Vehicle Collision Civil Action for the Amount of Heart and Lung Act Benefits It Paid, Oliver v. City of Pittsburgh, 977 A.2d 1232 (Pa. Cmwlth. July 19, 2009) (en banc). PBA Civil Litigation Update Fall 2009, Vol. 14 No. 4 pp. 19-20.
Neither Physical Impact nor Medical Testimony Is Necessary to Create an Issue of Material Fact on the Harm Element of an Abuse of Process Claim Alleging Emotional Distress, Cruz v. Princeton Insurance Co., 972 A.2d 14 (Mar. 24, 2009) (en banc). PBA Civil Litigation Update Summer 2009, Vol. 14 No. 3 pp. 13-14.
Governmental Immunity Is Applicable to Community Colleges and Bars Statutory Damages Claims under the Consumer Protection Law, Meyer v. Community College of Beaver County, 965 A.2d 406 (Pa. Cmwlth. Feb. 11, 2009) (en banc). PBA Civil Litigation Update Summer 2009, Vol. 14 No. 3 pp. 15-16.
General § 512 MCARE Objection Does Not Preserve Objections Under Specific Subsections Pertaining to Requirements for Testifying Experts in Medical Malpractice Cases (.pdf), Gbur v. Golio, 963 A.2d 443 (Pa. Jan. 28, 2009). PBA Civil Litigation Update Spring 2009, Vol. 14 No. 2 pp. 12-13.
Plenary Guardians May Not Deny Life-Preserving Treatment on Behalf of a Lifelong Incompetent Individual Without Proving that Death Is in the Individual’s Best Interest, In re D.L.H., 967 A.2d 971 (Pa. Super. Feb. 10, 2009). PBA Civil Litigation Update Spring 2009, Vol. 14 No. 2 pp. 19-20.
Doctor Confronting Co-Worker About Drug Abuse Did Not Create a Duty to Protect Co-Worker from Himself, and Hospital Is Not Liable for Subsequent Suicide (.pdf), Cooper v. Frankford Health Care System, Inc., 960 A.2d 134 (Oct. 20, 2008). PBA Civil Litigation Update Winter 2009, Vol. 14 No. 1 p. 12.
Trial Court’s Denial of a Petition to Strike or Open Confessed Judgment Will Not Be Disturbed Where the Text of the Agreement on Which It Is Based Supports the Principal Amount and Attorney’s Commission Entered (.pdf), RAIT Partnership, LP v. E Pointe Properties I, Ltd., 957 A.2d 1275 (Pa. Super. Sep. 26, 2008). PBA Civil Litigation Update Winter 2009, Vol. 14 No. 1 p. 14.