Upon Further Review

A Publication of the Philadelphia Bar Association

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STATE CIVIL LITIGATION

Court’s Stern Order Ships Philadelphia’s Fire Boat Case Back to Port

By James W. Cushing, Esq. on 2/18/2015

In the recent matter of City of Philadelphia v. Borough of Westville, 93 A.3d 530 (Pa.Cmwlth. 2014) the Commonwealth Court of Pennsylvania weighed in on the application of jurisdictional standards and the Pennsylvania Long Arm Statute on a government entity like the City of Philadelphia. Read Full Story »

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CRIMINAL JUSTICE

Superior Court Explains PCRA Jurisdictional Requirements for Newly Discovered Evidence

By Burton A. Rose, Esq. on 2/18/2015

A facially untimely PCRA petitioner attempting to raise a substantive after-discovered-evidence claim must first establish jurisdiction by pleading and proving an exception to the PCRA time-bar. Read Full Story »

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Podcast
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The Impact of the Affordable Care Act on Families and Family Court Decision-Making at the Feb. 2, 2015 meeting of the Family Law Section.

 

WORKERS' COMPENSATION

The Month in Pennsylvania Workers' Compensation: January 2015 At-A-Glance

By Mitchell I. Golding, Esq. on 2/19/2015

A Brief Overview of Attorney Fee, Impairment Rating Evaluation, and Fee Review/Medical Bills. Read Full Story »

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CRIMINAL JUSTICE CONSTITUTIONAL LAW

Search of Digital Information on a Cell Phone Cannot be Justified Under the Search Incident to Arrest Doctrine

By Brad V. Shuttleworth, Esq. on 7/22/2014

Article Image “[W]hat police must do before searching a cell phone seized incident to an arrest is accordingly simple – get a warrant.” – Chief Justice John Roberts, Supreme Court of the United States Read Full Story »

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FAMILY LAW

After Marriage Equality: Protecting Parental Rights of Same-Sex Couples

By Tiffany L. Palmer, Esq. on 1/22/2015

Article Image Eight months after the decision in Whitewood v. Wolf, which permitted same-sex marriage in Pennsylvania, questions still remain as to the full implementation and impact of the decision in the area of family law. The biggest question facing family law practitioners is how to counsel same-sex married couples who conceive a child via assisted reproduction during their marriage. Are both spouses the parents by virtue of the marital presumption of paternity under Pennsylvania law? Read Full Story »

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LAW PRACTICE MANAGEMENT

Video Interviewing - Pros and Cons

By Jared Jacobson, Esq. on 8/19/2013

What are the risks to a company and a candidate that may be faced as a result of this new world of "on-line job dating"? With Skype and similar services out there, video interviewing has and will continue to change the landscape of interviews. Technology has fundamentally changed many aspects of the way we work. Skype, Facetime, GoToMeeting, and YouTube are some examples. Individuals of all ages are becoming more familiar and comfortable with the technology, as video cameras are in computers and even many of the phones that we carry around. Read Full Story »

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Alcohol Putting Unemployment Compensation to the Test

By James W. Cushing, Esq. on 8/19/2013

In the matter of Dillon v. Unemployment Compensation Board of Review, 2013 WL 2991042, the Commonwealth Court of Pennsylvania interpreted Pennsylvania Unemployment Compensation Law to include alcohol consumption within the meaning of 43 P.S. Section 802(e.1). Read Full Story »

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