Legal Insights

Presently, the No Child Left Behind Act is due for reauthorization by Congress.  As of this newsletter going to print, Congress has not yet reauthorized it, and many observers have…

A recent Federal Court Case in the Eastern District of Pennsylvania points out the typical pitfalls plaguing contractors in the construction bid process.  The Court found that a subcontractor is…

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…

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…

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…

Often with commercial leases a tenant will seek or be offered a form of inducement for its lease of premises, generally to allow for tenant improvements to space.  There are…

Problems and Solutions Pennsylvania coal has been mined since the 1800’s[1]. Before 1977[2] under-regulated mining left open pits, coal refuse, spoil piles, acid mine drainage, open shafts, erosion, clogged streams,…

The Pennsylvania legislature has passed a law revising the Mechanics’ Lien Law of 1963 that, as of January 1, 2007, a wavier of a contractor of its lien rights is…

Student or parent complaints regarding misconduct by teachers is always a sensitive matter but one which requires prompt and immediate action by the District.  Individuals vested with responsibility for investigating…

Effective January 21, 2006, the Pennsylvania Supreme Court has put in place rules enabling a residential landlord to attach a tenant’s wages in order to satisfy judgments for delinquent rent.…

Owners and managers of commercial property (including leased residential properties) can be held liable under civil negligence claims for harm to persons caused by third party crime.  For example, the…

Has your school district adopted the required student wellness policy?  Don’t forget that the Federal Child Nutrition and WIC Reauthorization Act requires that every district receiving federal funds for breakfast…

When confronted with concerns of employee theft, Districts have turned to hidden surveillance cameras to obtain the proof to support a termination.  However, to assure that evidence will be considered…

On occasion, it has been argued by taxpayers or their counsel during the course of an assessment appeal brought by a school district that the district’s appeal constitutes “spot assessment”…