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Spencer73@comcast.net
May 3, 2024 The Biden Administration has had a busy few weeks, cementing President Biden’s reputation as the most pro-labor president since FDR.  Specifically, the Biden Administration has enacted several impactful changes to labor and employment laws, which include expanding the definition of workplace harassment to include LGBTQ workers and remote workplace scenarios, banning most...
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August 15, 2023 Lock Gordon attorney Jim Gordon achieved a defense verdict on behalf of a private corporation in a personal injury action stemming from an alleged barotrauma that occurred in Belmont County, Ohio.  Specifically, Plaintiff claimed that she was negligently subjected to a blast, resulting in disabling permanent vestibular injury and deafness.  Plaintiff introduced...
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By Robyn D. Kazatsky and Timothy Clements August 3, 2023 The Supreme Court of Pennsylvania’s decision in Bert v. Turk [J-59A-2022 and J-59B-2022] on July 19, 2023, will have a significant impact on the future of punitive damages awards against defendants in Pennsylvania. Justice Christine Donohue, writing for the majority, upheld a previous ruling by...
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By John P. Lock July 26, 2023 For the second time in less than six months, a federal court of appeals has handed transportation brokers a major win on federal preemption grounds. Last week, the U.S. Court of Appeals for the Seventh Circuit unanimously ruled that the Federal Aviation Administration Authorization Act (“FAAAA”), 49 U.S.C....
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By Robyn D. Kazatsky June 14, 2023 Litigators frequently encounter situations wherein there are related criminal and civil matters, and so, we need to be cognizant of what, if any, impact a criminal case may have on civil litigation either occurring simultaneously or in the future.  But what are the limits on the doctrine of...
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May 10, 2023 Lock Gordon attorney Jim Gordon achieved a defense verdict on behalf of a public entity and its employee in a wrongful death action stemming from a motor vehicle/pedestrian accident that occurred on Hatteras Island, North Carolina.  Specifically, Plaintiffs claimed that the decedent was sunbathing on a beach on Hatteras Island, when she...
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By John P. Lock April 26, 2023 Earlier this month, a panel of the U.S. Court of Appeals for the Eleventh Circuit ruled that the Federal Aviation Administration Authorization Act (“FAAAA”), 49 U.S.C. § 1450(c)(1)-(2), preempts state-law negligence claims against freight brokers.  This ruling represents a win for transportation brokers and creates a split in...
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By Robyn D. Kazatsky April 11, 2023 Currently, Pennsylvania law caps the state’s liability at $250,000 per individual and local government’s liability at $500,000 per incident.  These limits have been in place since their creation in 1978.  But that could change if the plaintiffs’ bar finally convinces the State’s highest court the statute is unconstitutional. ...
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By Melissa R. Lock March 24, 2023 Fulfilling the objectives of President Biden’s 2021 Executive Order on Promoting Competition in the American Economy, the Federal Trade Commission (“FTC”) continued its all-out onslaught on non-competition agreements in employment relationships.  President Biden’s Executive Order urged the FTC to take action against the unfair use of non-compete clauses...
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By Robyn D. Kazatsky March 8, 2023 On January 13, 2023, the United States Supreme Court granted certiorari in Dupree v. Younger, No. 22-210.  The Court is poised to finally set a nationwide rule concerning issue preservation for appeals.  More specifically, the Court will address whether in order to preserve an issue for appellate review,...
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