Can I Rebut the Child Support Formula?
Probably not. This is because the Melson Formula acts as a rebuttable presumption. The result of the Melson Formula will be entered as the child support order absent a compelling reason to the contrary. Rebuttal cases are necessarily outliers. They often involve unusual fact-patterns or involve litigants with unusual incomes. The most common types of rebuttal cases are high income ...
Employment Law Update February 2024
February 2024 was full of significant legal developments nationally and in Pennsylvania. Labor advocates saw a victory in the national forum with student-athletes getting the right to unionize, a labor loss locally with the Pennsylvania Supreme Court reigning in the application of the Pennsylvania Prevailing Wage Act for a college construction project, and a notable ruling rejected protections under the ...
Property Improvements Without Necessary Zoning Relief: A Risky Gamble
By Matthew M. McKeon On more than a few occasions, a prospective client – usually a residential homeowner planning some kind of addition -- will ask me some variation of this question: “I think I need zoning relief . . . what if I just build without letting the municipality know and without getting the permits or zoning relief?” My ...
Employment Law Update January and February 2024
The new year brought its fair share of controversy with a DOL worker classification rule that will impact employers nationwide, religious discrimination litigation over a local hospital’s COVID vaccine mandate, and a continued push for corporate DEI initiatives despite the Supreme Court’s decision striking down affirmative action university admissions. See the latest below. Department of Labor worker classification rule may ...
Pennsylvania Supreme Court Decides Important Car Insurance Case (Rush v. Erie) Which Invalidates Underinsured Coverage for Drivers of Company Cars and Other Regularly Used Vehicles
On January 29, 2024, the Pennsylvania Supreme Court decided Rush v. Erie Insurance holding that a Regular Use Exclusion was valid and could be used to deny payment of Underinsurance Benefits under a personal Car Insurance Policy. This decision has widespread implications for drivers of Company Cars as well as workers who regularly drive vehicles that they do not own ...
Escaping Liability for Building an Empire of Misery: OxyContin, Purdue Pharmaceutical, the Sackler Family, and Bankruptcy
Bankruptcy proceedings are sometimes used to limit corporations’ exposure to civil liability—stopping lawsuits in their tracks, and allowing vast numbers of plaintiffs just pennies on the dollar in their quest to hold corporate wrongdoers to account. This is not a new phenomenon. Indeed, asbestos producers (among others) have for years looked to the nation’s bankruptcy courts as a means of ...
Employment Law Update December 2023
In December 2023, the Delaware Chancery Court tees up a potentially major shift in non-compete disputes, Disney, Miramax and others try to distance themselves from Harvey Weinstein, and the 10th Circuit sets limits to “reasonable” under ADA accommodation law. See what happened at the close of the year below. Delaware Chancery Court Urges Swift Appeal in Noncompete Dispute, Asserting “Unsustainable” ...
Love Story: Will Travis Give Taylor A Ring For Christmas?
Taylor Swift and Travis Kelce have taken the NFL and the world by storm this fall. Their romance is the highest profile one since Princess Di and then Prince Charles. Right now, theirs looks like a great Love Story. However, high profile and high asset romances come with many less romantic complications. What happens if their romance turns to Bad ...