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As Stormwater Discharge Permits Proliferate, So Do Citizen Suits

Citizen suits under state and federal environmental laws are nothing new. But recent cases brought in California and Massachusetts may indicate a new trend of suits alleging violations of the National Pollution Discharge Elimination System (NPDES) associated with stormwater discharges. These suits have several characteristics that make them attract...

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Superior Court Weighs in on Jurisdictional Issues in Child Custody

Recently, a number of Pennsylvania Superior Court cases have been published pertaining to jurisdiction in child custody cases. The cases of R.M. v. J.S. , C.L. v. Z.M.F.H. and B.J.D. v. D.L.C. will be addressed in this article. Jurisdictional disputes in child custody cases are always a hot topic for family law practitioners. In 2004, Pennsylvania...

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Panel Denies Credit for Time Served in Child Support Civil Contempt

An interesting issue was raised recently in a Pennsylvania Superior Court case pertaining to civil contempt in a child support case. In Warmkessel v. Heffner , Eric Heffner appealed a trial court's order refusing to give him credit for time that he served incarcerated as a result of an outstanding bench warrant against his incarceration sanction re...

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What "Ban the Box" Means

Tiffani L. McDonough, a member of Obermayer Rebmann Maxwell & Hippel LLP’s Labor Relations and Employment Law Department, authored the Guest Comment column, “What ‘Ban the Box’ Means” published in the Philadelphia Business Journal (May 13-19, 2011). To view the article click on this link: What "Ban the Box" Means ...

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New Child Custody Act Ushers in Sweeping Changes

On Jan. 24, the new Child Custody Act (Act No. 112 of 2010) went into effect. The new Child Custody Act begins at 23 Pa. C.S.A. §5321 and concludes at 23 Pa. C.S.A. §5340, and replaces sections 5301 through 5315, as well as Section 4346. The act was approximately 10 years in the making and is prospective and applies to actions commenced o...

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Local Customs and Practices Cannot Determine Custody Cases

 Recently, the Pennsylvania Superior Court has published two opinions reiterating the well-established case law mandating a fact-specific analysis of the children's best interests by the court in deciding custody disputes as opposed to relying on local custom, practice or judicial norms. The most recent case on this issue is the 2010 state Sup...

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The Obermayer Advisor Estate Planning – Winter 2011
Estate Tax Relief – At Least Temporarily!

The long-awaited tax relief package, the “Tax Relief, Unemployment Insurance Authorization and Job Creation Act of 2010,” was signed into law on December 17, 2010. The Act provides for significant tax relief for the next two (2) years; however, it does not provide certainty for the long term. This Newsletter provides a synopsis of the highlights of the Act.

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