Is it a Fourth Amendment violation for a public employer to review text messages sent by an employee on an employer-provided communication device? In a decision rendered on June 17,…
A recent Superior Court case prohibited a sub-subcontractor from recovering pre-judgment interest on its mechanics’ lien claim upon which it obtained a judgment. Although much of the case was spent…
A “private transfer fee covenant” (sometimes called a “reconveyance fee” or a “capital recovery fee”) refers to a covenant attached to real property that requires a fee to be paid…
DGS’ methods of procuring construction contracts found to have violated state statutory requirements. The Pennsylvania Associated Builders and Contractors (“ABC”) challenged the use of request for proposals (“RFP’s) by Pennsylvania…
Landlord Waiver and Oral Modifications to Lease Agreement. In Sabatini v. Its Amore Corp., a tenant had commenced and completed parking lot modifications without landlord’s written consent, which written consent…
Any contract you sign should be beneficial to all the parties, including you. Before you sign a contract you should consider whether it meets your interests and goals. Any time…
For almost two decades, a School Director’s participation in negotiations with a bargaining unit which includes the Director’s spouse has not been permitted by the 1990 Ethics Commission Van Rensler…
Since the new Right-to-Know Law (RTKL) took effect on January 1, 2009, as of June 22, 2009, the State Office of Open Records (OOR) has rendered over 250 final determinations, 31…
A Pennsylvania federal judge has permitted a lawsuit to continue against the Pennsylvania Department of Education (PDE) concerning statewide special education funding. In CG v. Commonwealth of Pennsylvania, parents in…
As school officials well know, there are multiple venues for employees, parents or students to file complaints concerning issues related to education or school employment, including the Pennsylvania Human Relations…
The end of the school year may mark the expiration of some collective bargaining agreements (CBA) or the commencement of formal negotiations for others. If negotiations fail to result in…
School boards have a legal duty to fill certain vacant positions in a timely manner. A recent, somewhat unusual case from the Schuylkill County Court of Common Pleas illustrates the…
As of September 15, 2009, Act 32 required that all taxing bodies, including School Districts and Municipalities, within each tax collection district (TCD) appoint a delegate and one or more…
Much has been reported of the lowering of inhibitions in the computer information age. In the context of litigation and public dialogue on issues, caution should be exercised in communications…
At the end of its 2008-2009 term, the U.S. Supreme Court decided a case which implicates the constitutional rights of students with regard to searches and may impact the way…