Upon Further Review

A Publication of the Philadelphia Bar Association

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REAL PROPERTY

Vacant Property is Irredeemable after Sheriff Sale, Commonwealth Court Rules

By James W. Cushing, Esq. on 10/3/2017

If one wishes to take advantage of his right to redeem a piece of real estate subsequent to a sheriff’s sale, it is critical to act in a timely manner and know whether the property fits the definition of "occupied." Otherwise, one may miss the opportunity to do so. Read Full Story »

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CONSTITUTIONAL LAW

PA Supreme Court Allows School Funding Challenge to Proceed

By Charles J. Klitsch, Esq. on 11/7/2017

“[W]e find colorable Petitioners’ allegation that the General Assembly imposes a classification whereunder distribution of state funds results in widespread deprivations in economically disadvantaged districts of the resources necessary to attain a constitutionally adequate education.” With those words, Pennsylvania Supreme Court Justice David Wecht, writing for the majority in William Penn School District et al. v. PA Department of Education, et al., gave hope to thousands of children and families in underfunded school districts across Pennsylvania. Read Full Story »

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Podcast
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Community Forum on Oct. 17, 2017 titled "The Behavioral Psychology of Giving," along with the unveiling of the 2017 Pro Bono Task Force Report.

 
WORKERS' COMPENSATION

The Month in Workers' Compensation - August 2017 At-a-Glance

By Mitchell I. Golding, Esq. on 10/3/2017

In August, courts issued decisions involving the retroactive application of the Construction Workplace Misclassification Act, the fallout from the Protz II decision in a matter involving a dispute over an IRE and a determination of what is substantial competent evidence in a determination of permanency. Read Full Story »

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LEGAL MALPRACTICE

McGuire v. Russo and Legal Malpractice Claims: Clarity or Chaos?

By Gaetan J. Alfano and Douglas E. Roberts on 7/23/2017

Article Image For more than twenty-five years, the Pennsylvania Supreme Court decision in Muhammad v. Strassburger, McKenna, Messer, Shilobod & Gutnick, 587 A.2d 1346 (Pa. 1991) has limited legal malpractice actions arising from settled cases. In McGuire v. Russo, the Supreme Court will address the question: Should this Court overturn its decision in Muhammad, which bars legal malpractice suits following the settlement of a lawsuit absent an allegation of fraud, even in instances where an attorney's negligence led to a lesser settlement. Read Full Story »

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EMPLOYMENT LAW

Federal Employees, the First Amendment, Whistleblower Protection and the False Claims Act: Why Federal Employees Should Blow the Whistle

By Jesse Klaproth on 7/23/2017

With tensions running high at many federal government agencies, it is important for federal employees and attorneys to be aware of the protections and rewards available through the Federal Whistleblower Protection Act and the False Claims Act. Read more. Read Full Story »

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CRIMINAL JUSTICE

Third Circuit Determines Standard to Apply on Habeas Where State Knowingly Presented or Failed to Correct Perjured Testimony

By Upon Further Review Staff on 8/2/2017

In Haskell v. Superintendent, SCI-Greene, et al., a three-member panel of the Third Circuit Court of Appeals ruled on August 1, 2017 that the actual-prejudice standard of Brecht v. Abrahamson does not apply to claims on habeas that the state has knowingly presented or knowingly failed to correct perjured testimony. A reasonable likelihood that the perjured testimony affected the judgment of the jury is all that is required. Read Full Story »

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WORKERS' COMPENSATION

The Month in Workers' Compensation: June, 2017 At-A-Glance

By Mitchell I. Golding, Esq. on 8/2/2017

In a busy month in workers' compensation law, courts ruled on eligibility for partial disability, when an attorney must disgorge unreasonable contest attorney's fees, how time is calculated for issuance of a Notice of Stopping Temporary Compensation, the constitutionality of Section 306 (a.2) of the Workers' Compensation Act and other important matters. Read Full Story »

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