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A Publication of the Philadelphia Bar Association


Limiting Legal Malpractice Claims: Applying the Glenbrook Analysis

By James W. Cushing, Esq. on 9/24/2015

Article Image Pennsylvania's two year statute of limitations for a legal malpractice claim may be extended under certain circumstances. In the landmark case of Glenbrook Leasing Co. v. Beausang, 839 A.2d 437 (Pa. Super. 2003), affirmed 881 A.2d 1266 (Pa. 2005), the Pennsylvania Superior Court set guidelines as to how to apply the various means to extend the statute of limitations. Read Full Story »

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With No Budget Agreement in Sight, Legislators Shift Focus to Pending Legislation

By Charles J. Klitsch, Esq. on 9/24/2015

Pennsylvania is one quarter of the way into the 2015-16 fiscal year, yet no budget deal is on the horizon. Legislators returned from summer recess earlier this month and without a budget to consider, began holding committee hearings and voting sessions on other pending legislation. Attached, courtesy of Crisci Associates, is the latest Pennsylvania House and Senate Legislative Tracking Report. Read Full Story »

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The Month in Pennsylvania Workers' Compensation - August, 2015 At A Glance

By Mitchell I. Golding, Esq. on 9/21/2015

In August, courts handed down two important decisions dealing with exclusivity of the Uninsured Employers Guaranty Fund and whether the Commonwealth Court overstepped its jurisdiction in making credibility judgments with regard to a physician chosen to perform an IRE. Read Full Story »

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Decision 2015: Pennsylvania Supreme Court Candidates Forum on Sept. 18, 2015.



Employers Need to Balance Motive, Knowledge and Religion in Dress Codes to Avoid Charges of Religious Discrimination

By Faye Riva Cohen, Esq. and Shan R. Shah, Esq. on 8/25/2015

Article Image In EEOC v. Abercrombie & Fitch Stores, Inc, 135 S.Ct. 2028 (2015), the Supreme Court ruled that for a plaintiff to prevail in a disparate treatment claim under Title VII of the Civil Rights Act, a job applicant need not show that her employer knew of her need for an accommodation. Rather, she need only show that her need for an accommodation was a motivating factor in the employer´s decision, whether or not it could be proven that the employer actually knew of the need. Read Full Story »

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PA. Superior Court Rules on Waiver of Claim of Ineffectiveness

By Burton A. Rose, Esq. on 8/25/2015

A Superior Court panel has ruled that a claim of ineffective assistance of PCRA counsel is waived if it is not raised in a Response to a Notice of Dismissal sur Rule 907. Read the Superior Court's Opinion in Commonwealth v. Smith, 2015 WL 4931579 (Pa Super 8/19/15). Read Full Story »

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Philadelphia Court of Common Pleas Expands Civil Electronic Filing System

By Charles J. Klitsch, Esq. on 7/27/2015

The Philadelphia Court of Common Pleas has announced enhancements to its highly successful Civil Electronic Filing System. Now, counsel and self-represented parties will be able to electronically file required conference submissions within the existing case section under the filing category "Conference Submissions." Read Full Story »

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Obergefell Brings Marriage Equality Nationwide, But Legal Questions Remain

By Tiffany L. Palmer, Esq. on 7/29/2015

Article Image In Obergefell v. Hodges, the United States Supreme Court held that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Pennsylvania attorneys are now grappling with unresolved issues post-marriage equality, including parentage for children born to same-sex couples, the legal status of marriage-like relationships such as civil unions, and discrimination against LGBT employees as marriage quality has forced them "out" in the workplace. Read Full Story »

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When the Disciplinary Board Comes Calling: It Can Happen to You!

By Ellen C. Brotman and Ashley Kenney Shea on 6/18/2015

Article Image No matter how long you practice and how careful you are, someday it can happen to you: a letter arrives from the Office of Disciplinary Counsel advising you of a complaint. Read Full Story »

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