Upon Further Review

A Publication of the Philadelphia Bar Association


Sit! Stay! Dog Sniff During Routine Traffic Stop Held Unconstitutional.

By Brad V. Shuttleworth, Esq. on 4/22/2015

Article Image "Well, we'll see how smart you are when the K-9 come."1 If a dog sniff prolongs a traffic stop beyond the time reasonably required to complete the mission of investigating a traffic violation, it violates the Fourth Amendment's prohibition against unreasonable searches and seizures. Read Full Story »

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Burden is Heavy When Considering the Weight of the Evidence

By James W. Cushing, Esq. on 4/21/2015

The Superior Court of Pennsylvania reaffirmed long standing law in a recent legal malpractice case. A party seeking to overturn a jury verdict bears an extremely heavy burden when attempting to demonstrate that a verdict is against the weight of the evidence presented at trial. Read Full Story »

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

By Mitchell I. Golding, Esq. on 4/22/2015

A Brief Overview of Answer, Attorney Fees/Appeal, and Injury/Occupational Disease/Evidence/Termination Read Full Story »

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Justice Jane Greenspan (Ret.) and Judith Meyer on what is involved in becoming and being a successful mediator at the April 1, 2015 meeting of the ADR Committee.



Associational Protection from Retaliation

By Jared Jacobson, Esq. on 3/24/2015

Article Image Can companies be held liable for retaliating against an individual who has a close relationship with a fellow employee who has engaged in protected activity, but may not have engaged in protected activity herself? The short answer is, it depends on under what law the retaliation took place and how the phrase "close relationship" is defined. Read Full Story »

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Spotlight on Ethics

By Paul Kazaras, Esq. on 2/19/2015

Article Image What is an attorney supposed to do when a client indicates that he is going to commit suicide? Read Full Story »

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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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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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