Upon Further Review

A Publication of the Philadelphia Bar Association

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FAMILY LAW

Court Considers New Spouse’s Income to Determine Child Support Obligation

By James W. Cushing, Esq. on 4/26/2016

Nearly all child support orders are based on the respective incomes of the parents involved as measured by statutory guidelines. Sometimes, however, courts believe it is appropriate to deviate from those guidelines due to an unusual or extraordinary circumstance. In the matter of J.P.D. v. W.E.D., 114 A.3d 887 (Pa.Super.2015), the Court, notably and unusually, deviated from the guidelines by taking into consideration a step-parent’s income. Read Full Story »

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ETHICS

Professional Guidance Committee Weighs In on Impact of Notice of Suspension on Co-Counsel Agreement

By Paul Kazaras, Esq. on 4/27/2016

There are certain duties incumbent upon an attorney who has been suspended or disbarred. There is often a question as to whether such an attorney may refer out a case and receive a referral fee. As this Professional Guidance Opinion demonstrates, timing is everything as is a very close reading of the appropriate rules that govern such a situation. Read Full Story »

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Podcast
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Chancellor’s Forum on March 1, 2016 featuring candidates for Pennsylvania Attorney General

 

WORKERS' COMPENSATION

The Month in Workers' Compensation: March 2016 At-a-Glance

By Mitchell I. Golding, Esq. on 4/25/2016

March was a busy month in the Workers' Compensation field. The Pennsylvania Supreme Court allowed appeals in two matters. In one case, the court will consider whether an employee was acting in the course and scope of employment when he was injured rescuing another worker. In the other case, the court will decide whether the Workers' Compensation Act unconstitutionally delegates lawmaking authority by incorporating the AMA Guides to the Evaluation of Permanent Impairment. Courts also decided issues relating to whether a claimant was an independent contractor, temporary notices of compensation payable, compromise and release agreements and penalties that may be imposed when an insurer fails to reinstate payments after a challenge petition is filed. Read Full Story »

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CRIMINAL JUSTICE

Third Circuit Implements eVoucher System for Criminal Justice Act Counsel

By Upon Further Review Staff on 4/25/2016

The Third Circuit Court of Appeals will be converting to eVoucher, an electronic voucher processing and payment program, on June 6, 2016. In order to avoid delays in payment, all CJA appointed attorneys with outstanding vouchers in appeals that are final or eligible for interim payment must be received in the Clerk's Office in written form by May 18, 2016. For further information about the payment system and training materials, read the Notice to All CJA Counsel here. Read Full Story »

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EMPLOYMENT LAW

In Coachable Moment, District Court Reminds Parties of Deference Given to Arbitration Awards

By Tim McCarthy on 3/29/2016

Article Image In Nowak v. Pa. Prof’l Soccer, LLC, Civil Action No. 12-4165, 2016 U.S. Dist. LEXIS 2865 (Jan. 11, 2016), the United States District Court for the Eastern District of Pennsylvania made it clear that confirmation of arbitration awards is viewed through an extremely deferential lens. Read Full Story »

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CONSTITUTIONAL LAW EMPLOYMENT LAW ELDER LAW

Law Imposing Lifetime Hiring Ban on Ex-Offenders Struck Down

By Tim McCarthy on 2/23/2016

Article Image On December 30, 2015, the Commonwealth Court in Peake v. Commonwealth unanimously ruled that the Older Adult Protective Service Act's lifetime ban on the employment of individuals who have been convicted of certain crimes by Act-covered elder care facilities is unconstitutional. Read Full Story »

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CRIMINAL JUSTICE

U.S. Supreme Court: Inmates Sentenced as Juveniles to Life Without Parole May Seek Relief

By Charles J. Klitsch, Esq. on 1/26/2016

Article Image In Montgomery v. Louisiana, the United States Supreme Court held that the prohibition on life sentences without parole for juvenile offenders announced in Miller v. Alabama applies retroactively to those who were convicted and sentenced before Miller was decided. Read Full Story »

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