Publications
The claims of employees of a housing authority, as individual defendants, are dismissed under the American with Disabilities Act, the Rehabilitation Act and Fair Housing Act.
The plaintiff, an individual receiving low income housing benefits, filed a complaint pursuant to 42 U.S.C.
Case Law Alert - 3rd Qtr 2012
A supervisor who acts, directly or indirectly, in the interest of the employer to any of the employees of such employer may be held individually liable under the Family Medical Leave Act.
The plaintiff, a former employee with the Lawrence County Adult Probation and Parole Office, filed an appeal of the United States District Court for the Western District of Pennsylvania, which granted the defendant/supervisor summary judgment on t
Case Law Alert - 3rd Qtr 2012
Qualified immunity is proper in civil suit if arresting officer had reasonable suspicion of crime, even if evidence of underlying event might suggest self-defense.
This civil rights suit against an investigator for the Bethlehem Township Police Department stemmed from an incident in which the plaintiff was involved in a fight at a party, which resulted in the plaintiff stabbing three people and slashing a fo
Case Law Alert - 3rd Qtr 2012
Legal action against FINRA dismissed for failure to exhaust administrative remedies.
The plaintiff Schwab sought a declaratory judgment that the defendant Financial Industry Regulatory Authority (FINRA) may not enforce FINRA rules regulating broker-dealers to bar a new provision in the plaintiff's customer account agreements that
Case Law Alert - 3rd Qtr 2012
Statutory disqualification of broker for failure to disclose tax liens upheld by Second Circuit.
The petitioner sought review of an order of the Securities & Exchange Commission (SEC) affirming the sanctions imposed by FINRA which subjected the petitioner to statutory disqualification for failing to disclose that certain tax liens had bee
Case Law Alert - 3rd Qtr 2012
Arbitration panel orders the plaintiffs (the claimants) to pay broker-dealer for “frivolous” claims.
An arbitration panel ordered two claimant investors to pay the broker-dealer respondent $75,000 in legal expenses.
Case Law Alert - 3rd Qtr 2012
Employers are permitted to mandate the pharmacy from which claimants must obtain work-related prescription medications.
This case involved a legal motion before the Industrial Accident Board filed on behalf of the claimant which sought to compel the employer to pay for prescription medical expenses and also requested that a fine be assessed against the employer for
Case Law Alert - 3rd Qtr 2012
Termination petition denied despite undisputed evidence claimant can do light-duty work. Labor market survey evidence rejected in favor of claimant's testimony as to diligent job search efforts, which did not result in employment offers.
This case involved an application by the Board of the Watson v. Wal-Mart case to a termination petition with an unfavorable result for the employer.
Case Law Alert - 3rd Qtr 2012
Board abused its discretion by allowing claimant to testify about job search efforts where she had previously provided no information on this subject in response to employer's discovery request.
The claimant was employed as a dietary aid and on August 15, 2007, sustained a work injury to her knees which was accepted as compensable.
Case Law Alert - 3rd Qtr 2012
Termination petition denied, despite fact claimant deported as illegal alien. No medical evidence shows disability ceased. Arguments claimant procured employment by fraud or forfeited right to compensation by not submitting to medical exam rejected.
This case involved a termination petition filed by the employer seeking to terminate the claimant's total disability benefits on the basis that the claimant had obtained his employment by way of a fraud and/or had forfeited his benefits by refusin
Case Law Alert - 3rd Qtr 2012