Upon Further Review

A Publication of the Philadelphia Bar Association

Featured Story | EMPLOYMENT LAW

Employers Need to Balance Motive, Knowledge and Religion in Dress Codes to Avoid Charges of Religious Discrimination

By Faye Riva Cohen, Esq. and Shan R. Shah, Esq. on 8/25/2015

Article Image In EEOC v. Abercrombie & Fitch Stores, Inc, 135 S.Ct. 2028 (2015), the Supreme Court ruled that for a plaintiff to prevail in a disparate treatment claim under Title VII of the Civil Rights Act, a job applicant need not show that her employer knew of her need for an accommodation. Rather, she need only show that her need for an accommodation was a motivating factor in the employer´s decision, whether or not it could be proven that the employer actually knew of the need. Read Full Story »

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Courts of First Judicial District to Close September 23, 2015 through September 28, 2015

By Charles J. Klitsch, Esq. on 8/25/2015

In preparation for the large crowds expected in Center City for the World Meeting of Families and visit by Pope Francis, the Administrative Governing Board of the First Judicial District has announced that all First Judicial District of Pennsylvania courts and related offices, including the Office of Judicial Records and other filing offices, the Juvenile and Adult Probation Departments, and the Family Court Children´s waiting area, will be closed beginning on Tuesday, September 22, 2015 at 5:00 PM and will reopen on Tuesday, September 29, 2015 at the normal business hours for the various courts and offices. See the Order for details and provisions for emergencies. Read Full Story »

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PA. Superior Court Rules on Waiver of Claim of Ineffectiveness

By Burton A. Rose, Esq. on 8/25/2015

A Superior Court panel has ruled that a claim of ineffective assistance of PCRA counsel is waived if it is not raised in a Response to a Notice of Dismissal sur Rule 907. Read the Superior Court's Opinion in Commonwealth v. Smith, 2015 WL 4931579 (Pa Super 8/19/15). Read Full Story »

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YLD Live, Lunch and Learn program on June 15 featuring a panel discussion of the process of starting and forming a non-profit, with Wendy Smith, Laura Schwingel, Teresa Rodriguez, Henri Marcial, Rafael X. Zahralddin-Aravena and Matthew Olesh.



Budget Impasse Roils Harrisburg as Legislators Leave Town

By Charles J. Klitsch, Esq. on 8/25/2015

In Harrisburg, the stalemate over the Commonwealth’s 2015-16 fiscal budget continues. Some school districts and social service agencies are seeking loans to keep their doors open. Meanwhile, both the House and Senate are out of session until September 21 unless the budget impasse is resolved, at which time the General Assembly will be recalled. Read the current Pennsylvania House and Senate Legislative Tracking Report here. Read Full Story »

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The Month in Pennsylvania Workers' Compensation: July, 2015 At A Glance

By Mitchell I. Golding, Esq. on 8/25/2015

Recent cases dealing with Course and Scope, Interest, Credit/Penalty, Impairment Rating Evaluation and Independent Contractor/Construction Workplace Misclassification Act. Read Full Story »

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Philadelphia Court of Common Pleas Expands Civil Electronic Filing System

By Charles J. Klitsch, Esq. on 7/27/2015

The Philadelphia Court of Common Pleas has announced enhancements to its highly successful Civil Electronic Filing System. Now, counsel and self-represented parties will be able to electronically file required conference submissions within the existing case section under the filing category "Conference Submissions." Read Full Story »

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Obergefell Brings Marriage Equality Nationwide, But Legal Questions Remain

By Tiffany L. Palmer, Esq. on 7/29/2015

Article Image In Obergefell v. Hodges, the United States Supreme Court held that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Pennsylvania attorneys are now grappling with unresolved issues post-marriage equality, including parentage for children born to same-sex couples, the legal status of marriage-like relationships such as civil unions, and discrimination against LGBT employees as marriage quality has forced them "out" in the workplace. Read Full Story »

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When the Disciplinary Board Comes Calling: It Can Happen to You!

By Ellen C. Brotman and Ashley Kenney Shea on 6/18/2015

Article Image No matter how long you practice and how careful you are, someday it can happen to you: a letter arrives from the Office of Disciplinary Counsel advising you of a complaint. Read Full Story »

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