Employment Law Update October 2024
October’s employment law update covers three key cases. Seventeen states are challenging arule defining “gender dysphoria” as an ADA disability, citing excessive costs. The DOJ supportsUPMC employees claiming wage suppression through noncompete agreements. Lastly, Cargillworkers won class action certification in a suit for unpaid COVID-19 screening time, impactingwage rules for hourly staff. See the updates below. 17 States Sue Biden ...
Legal Triumph: Gibbons Secures Rare Court-Ordered Property Transfer
By: Leo M. Gibbons, Esquire My client, 4860 Lancaster, LLC (“4860”), was under contract to purchase real estate in Philadelphia, for a restaurant and bar business, along with the liquor license and other licenses, from EP White Horse Tavern, Inc. (“White Horse”) in the Fall of 2020. 4860 was faced with a significant problem because it was intent on completing ...
Upset Tax Sales and the Many Ways to Have Them Overturned
By: Michael G. Louis I had another successful year having tax sales overturned or settling the cases after filing petitions to overturn tax sale after the owners had lost them at upset tax sales in 2023. In one of them the Tax Claim Bureau did not advertise the sale in two newspapers of general circulation in that county. Unless there ...
Controversial Supreme Court Decision in Opioid Litigation Bankruptcy Jeopardizes Victims’ Settlements – Right or Wrong Call?
In a landmark 5 to 4 Decision, the United States Supreme Court in the case of Harrington v. Purdue Pharma ruled that allowing the release of the Sackler family as part of the Purdue Bankruptcy was impermissible under the Bankruptcy Code. This controversial decision invalidates a negotiated global settlement of the thousands of claims of victims of opioid injuries and ...
Employment Law Update June 2024
In June 2024, a local employment verdict created whistleblower precedent in the field of sports medicine, a federal court narrowed the scope of what might be a hostile work environment, and Pennsylvania steelworkers sought to advance wage and hour rights for pre and post-shift obligations. See more below. Jury Awards $5.25 Million to former Team Doctor for Penn State Football ...
The Trump Trial: Why Was Trump Charged and What Should Happen on Appeal?
The commentary surrounding the Manhattan DA’s successful prosecution of former President Donald J. Trump under Section 175.10 of New York’s Penal Law often overlooks an important historical fact: To date, New York prosecutors have brought charges under that statute, which prohibits the falsification of business records, nearly 10,000 times. Until now, of course, none of those criminal defendants has been ...
Child Abuse Cases in Pennsylvania: The Real Face Behind the Mask of the Child Protective Services Law
An individual accused of child abuse, whether sexual or physical, is up against more than the criminal justice system. An initial accusation of child abuse travels through a ChildLine hotline, which taps the shoulder of the local district attorney's office and the corresponding county child protective services ("CPS") agency.1 Both legal bodies initiate investigations which can yield different yet devastating ...
Employment Law Update May 2024
In May 2024, U.S. Equal Employment Opportunity Commission (EEOC) enforcement made headlines, with numerous states challenging the recently updated EEOC harassment guidance and the EEOC cracking down on EEO-1 delinquent filings, while Starbucks’ labor woes continued. Read about the details below. 18 State Attorneys General Assert EEOC Transgender Harassment Guidance Oversteps Eighteen Republican state attorneys general, led by Tennessee, have ...