A recent decision by the Commonwealth Court of Pennsylvania serves as an important reminder that statutory deadlines are stubborn things — and failure to adhere to them may result in loss of your legal rights. Back Pain Soto-Melendez v. Workers’ Compensation Appeal Board (High Concrete Group) involved an employee of a manufacturer of pre-cast concrete…
A recent decision by the Pennsylvania Supreme Court serves as a reminder that the Fifth Amendment to the U.S. Constitution allows us to remain silent in the face of police questioning. Once we invoke that right, which we are advised of in a Miranda warning, police cannot pressure us into abandoning it. Homicide Interrogation In…
A recent decision by the U.S. District Court for the Eastern District of Pennsylvania serves as a reminder that in order to prevail in a slip-and-fall lawsuit against a store an injured shopper must show that the defendant created the hazardous condition or had actual or constructive notice of it. Grapes on Floor In Pace…
The Pennsylvania Supreme Court recently clarified the burden of proof required of firefighters who bring workers’ compensation claims for cancer, putting to rest conflicting interpretations of a provision added to the Workers’ Compensation Act in 2011 that provides a presumption of compensable disability for firefighters who suffer from cancer. Malignant Melanoma In City of Philadelphia…
In a case involving a driver who consented to a police search of his vehicle ― but was not told that the search would be conducted by a dog sniff and that he would have to wait 40 minutes for the K-9 Unit to arrive ― the Pennsylvania Supreme Court recently held that the search…
In September, we blogged about a “second chance” story involving a Lock Haven University professor with a 28-year-old sex crime conviction who worked hard, turned his life around, and got to keep his job after the university discovered his criminal past and attempted to terminate him. Here’s another story proving that second chances are possible…
Can a man convicted of using an online chatroom to try to solicit sex from a minor be completely banned from using the internet ― including innocuous websites like Amazon, Google Maps, and Dictionary.com ― as a condition of his supervised release? The 3rd U.S. Circuit Court of Appeals recently said “no.” Complete Internet Ban…
We all expect police officers to enter our home to render emergency assistance ― and we don’t expect them to delay entry to obtain a warrant or consent if someone inside is in immediate danger. But what about when the emergency is over? Does it violate our Fourth Amendment rights under the U.S. Constitution to…
Most Pennsylvania teens are thrilled to turn 16 years old, get a learner’s permit, and start the process of becoming a licensed driver. But how should the rest of us feel about sharing the roadway with teenagers? TERRIFIED is an appropriate response. Consider a recent report by the American Academy of Pediatrics (AAP), PennDOT statistics,…
About one year ago, we blogged about the child custody case of C.G. v. J.H. in which the Superior Court of Pennsylvania ruled that a former same-sex, unmarried partner who had been in a relationship with the biological mother of a boy born through artificial insemination was not legally considered the boy’s parent and thus…
Most drivers, sooner or later, get pulled over for a traffic violation. We answer the officer’s questions, receive a ticket (if we are unlucky), and leave. But what happens if the officer extends a traffic stop beyond its mission and eventually uncovers evidence of a crime? Can that evidence be used against us in a…
Here’s a story that will inspire anyone convicted of a sexual offense who is working hard to put their life back on track and to be a safe and productive member of society. Conviction in 1990 On Aug. 31, the Commonwealth Court of Pennsylvania ordered Lock Haven University to rehire a mathematics professor who was…