Legal Insights

The United States Supreme Court recently sent a message to state legislatures that, in appropriate circumstances, states can enact legislation which permits the payment of public funds, based upon independent…

The fall, 2006 issue of the MB&M Education News addressed student free speech rights for off-campus conduct.  In general, students retain freedom of speech unless such speech substantially disrupts the…

Questions are sometimes raised concerning the rights of school administrators or other Act 93 employees to enforce their rights under an applicable employment agreement or Act 93 agreement.  By way…

Earlier this year, the Commonwealth Court decided the case Pennsylvania Land Title v. East Stroudsburg Area School District and threw a wrench into the application of the Municipal Claim and…

Recently, the Internal Revenue Service announced a change in the way it will interpret tax laws relating to deferred compensation which will have an impact on the way professional employees…

Public School Districts with annual revenues between $10 million and $100 million dollars must comply with the requirements of GASB 45 in the 2008-2009 fiscal year.  With the early onset…

In an opinion announced at the end of the 2006-2007 term, the U.S. Supreme Court decided a case concerning student free speech rights and the ability of a school district…

Register to receive Maiello Brungo & Maiello newsletters. Construction Fall 2007 Featured Article Subcontractor Bids – When is a Bid Binding Education Fall 2007 Featured Articles Supreme Court Addresses First…

In a case of first impression, the Commonwealth of Pennsylvania held that the Commonwealth Procurement Code’s penalty, interest and attorney fees provisions applies not only to arbitrary refusal to pay…

Judge R. Stanton Wettick has entered his Opinion and Order in the case of James C. Clifton, Charles and Lorrie Cranor, husband and wife, and Roy Simmons and Mary Lisa…

On March 27, 2007 the Commonwealth Court of Pennsylvania found that the Allegheny County Board of Property Assessment Appeals and Review lacked the authority to limit assessment appeals to challenges…

It is a current trend for private and public entities to set up a wireless local-area, or wireless fidelity, network (“Wi-Fi HotSpot”) to provide free internet access to the public. …

Owners, in drafting construction contracts, include “no damage for delay” clauses which preclude a contractor or subcontractor from obtaining a monetary or other damage award for delays during construction and…

In a recent decision, a panel of the United States Court of Appeals for the Third Circuit upheld a proposed EEOC rule which exempts certain retirement benefit incentives from application…

In the Spring/Summer 2006 issue of School Law News, we wrote on the subject of whether or not to conduct audio surveillance on school buses.  As you may recall, a…