Upon Further Review

A Publication of the Philadelphia Bar Association

Featured Story | CIVIL RIGHTS LAW

Pennsylvania Court Reverses Long-Standing Presumption Against Homosexual Parents in Custody Cases

By Amara Chaudhry, Esq on 03/04/2010


The transcript of the custody trial minced no words. The man testifying from the witness stand was asked: “Can you produce sperm?” “I assume you were born with breasts?” “You have a vagina?” Again, this was a custody trial. It took place in a courtroom just a couple of hours outside of Philadelphia in a medium-sized city that could not be called a “small town.” These proceedings took place in 2008 and 2009.
Read Full Story »

(2) Comments | + Add Comment

 

Other Stories

STATE CIVIL LITIGATION

Exceptions to Ecclesiastical Employment Exemptions

By James W. Cushing, Esq. on 03/04/2010

In the article entitled “Episcopalian In-Fighting Spreads to Montgomery County Courthouse”, published in the March 2009 edition of Upon Further Review, I reported on the employment matter raised by the Rev. David Moyer against the Episcopal Diocese of Pennsylvania regarding his termination by the Diocese from his position as priest in the Church. Suffice it to say here, the Court did not rule in favor of Fr. Moyer as it did not want to entangle itself into an interchurch squabble. However, a recent Pennsylvania case, Mundie v. Christ United Church of Christ, 2009 Pa.Super. 262, has delved into the question of when a court may interject itself into a church employment matter. Read Full Story »

+ Add Comment

CONSTITUTIONAL LAW

Supreme Court to Review Employee Text Messaging Privacy Case

By Natalie Klyashtorny, Esq. on 03/04/2010

Text messaging has become one of the primary modes of communication for many of us. In December, the United States Supreme Court announced that it will hear a case involving the issue of whether a SWAT team member of a California municipality had a reasonable expectation of privacy in text messages he transmitted on his pager. Read Full Story »

+ Add Comment

Podcast
Get the Flash Player to see this player.

Harris Bock, Scott Cooper, Katherine Douglas and John Livingood on UM/UIM Practice and Procedure Post-Koken at the March 3, 2010 meeting of the State Civil Litigation Section.

 

CRIMINAL JUSTICE

Acquitted Defendant Who Had Substantial Assets Ordered to Repay Federal Defender

By Burton A. Rose, Esq. on 03/04/2010

On March 1, 2010, the United States Court of Appeal for the Sixth Circuit decided United States of America v. Robert Wilson, Appellant, No. 08-6229, an appeal from the United States District Court for the Western District of Kentucky. The Criminal Justice Act authorizes district courts to appoint counsel for criminal defendants if they are “financially unable” to hire counsel of their own. 18 U.S.C. § 3006A. Read Full Story »

+ Add Comment

 
FAMILY LAW

New Pennsylvania Child Support Guidelines Set To Take Effect Soon

By David Crosson, Esq. on 03/04/2010

The new PA Child Support Guidelines are set to take effect on May 1, 2010. In continuance of the previous guidelines, it is the intention of the Domestic Relations Procedural Rules Committee of the Supreme Court of Pennsylvania to set the guidelines so that they are based upon the reasonable needs of the child and the ability of the obligor to provide such support. After the basic needs of the parents have been met, the child’s needs shall receive priority. Read Full Story »

+ Add Comment

PERSONAL INJURY

Philadelphia Jury Awards Plaintiff Nearly 1 Million in Slip and Fall Case

By Messa & Associates, P.C. on 03/05/2010

Philadelphia attorney Joseph L. Messa Jr. of Messa & Associates, P.C., represented Sam Agresta, who was injured in a slip and fall at the Springton Pointe Condominium Association, located in Newtown Square, Pennsylvania. On March 2, 2006, Mr. Agresta fell on the icy common area of the community property in front of his home. Read Full Story »

+ Add Comment

EMPLOYMENT LAW

Double Dipping: Unemployment Compensation and Other Benefits

By James W. Cushing, Esq. on 02/08/2010


In the episode of the Seinfeld television series called “The Implant,” George is spotted dipping the same potato chip into dip more than once after taking a bite out of it. Annoyed, his girlfriend’s brother, Timmy, approaches him, interrogates him about his “double dip,” and scolds him sharply, saying “just take one dip and end it!” Timmy’s admonition to George may not just apply to those attempting to enjoy a second bite of a dip-covered potato chip, but also to those who collect some other sort of disability benefit while also attempting to collect unemployment compensation (hereinafter “UC”) benefits. Read Full Story »

+ Add Comment

Local & National Headlines

Current Local Headlines

Philly.com

 

KYW Headlines

 

Philadelphia Business Journal

 

WSJ - US News