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The Cookie Crumbles in Baker’s Bid for a § 503(b)(9) Administrative Claim

Under section 503(b)(9) of the Bankruptcy Code, a creditor may recover as a priority administrative expense the value of goods sold to the debtor in the ordinary course of its business that are “received” by the debtor within the twenty-day period before the filing of the bankruptcy petition. The stakes of such a determination are consid...

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The Trials of Co-Parenting with a Histrionic Personality

Co-parenting a child with a divorced spouse is difficult enough, but what do you do when your divorced spouse is diagnosed with histrionic personality disorder? The characteristics of this disorder are that the person exhibits extreme emotions, self-dramatization, self-centeredness, shallow emotions, and constant approval seeking and attentio...

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Employer-Mandated Fingerprinting May be Religious Discrimination

Sincerely believing that fingerprinting is “the mark of the devil” may be enough to sue your employer for religious discrimination and retaliation in federal district court. On Monday, October 30th, Western District of Pennsylvania Judge Kim R. Gibson issued an Order declining to dismiss such a lawsuit at the initial, pleadings stage of ...

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Is The Decision To Divorce Genetic?

Virginia Commonwealth University recently announced the results of a new study examining the battle of nature v. nurture in divorce.  According to the new study, “’Genetics, the Rearing Environment, and the Intergenerational Transmission of Divorce: A Swedish National Adoption Study,’ which . . . analyzed Swedish population registries...

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Pennsylvania Legislature Exploring Court-Ordered Outpatient Treatment

The Pennsylvania legislature is currently considering legislation that would amend the Pennsylvania Mental Health Procedures Act (the “Act”) to provide for court-ordered outpatient treatment for those suffering from mental illness or other impairment covered by the Act. The legislation, known as House Bill 1233: A Better Standard for Outpat...

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What #metoo Means for Employers: Workplace Harassment in the Age of Awareness

This past Sunday, actress Alyssa Milano posted the following message on Twitter: Me too. Suggested by a friend: “If all the women who have been sexually harassed or assaulted wrote ‘Me too.’ As a status, we might give people a sense of the magnitude of the problem.” Since Ms. Milano’s original tweet, the hashtag #metoo has been tr...

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Corporate Actors Held Individually Accountable in Recent False Claims Act Settlement

The Department of Justice (“DOJ”) has sent a clear message that individuals cannot hide behind the corporate shield in its recent settlement with Med-Fast Pharmacy, Inc. and the charges brought against its associated individuals and entities (“Med-Fast”). Under the agreement, which includes a $2.66 million payout by Med-Fast, the DOJ drop...

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Marital Property Versus Non-Marital Property

Absent a prenuptial agreement, the definition of marital property is an item acquired by either spouse during the course of the marriage. Therefore, any property that was purchased and/or owned by a spouse prior to the parties’ date of marriage would constitute pre-marital property and any property that was purchased after the parties’ da...

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Feats of Strength: EEOC sues CSX for Employee Strength Tests as Gender Discrimination Under Title VII

The EEOC recently filed suit against CSX Transportation, Inc. (“CSX”) in Federal Court in West Virginia, on behalf of a nationwide class of female employees.[1]  In the suit, the EEOC alleges that CSX’s policy of requiring employees and job applicants to pass certain physical strength tests in order to be eligible for certain positions...

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Employee Classification and the Gig Economy – Court Leaves the Door Open for “On-Call” Time for Uber Drivers

On September 13, 2017, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied Uber’s Partial Motion for Summary Judgment in a putative class action brought by UberBLACK drivers in Philadelphia (Rezak, et al. v. Uber Technologies). In their original Class Action Complaint filed in January of 2016, the drivers allege...

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