Supreme Court Addresses First Amendment Rights of Students
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…
Legal Insights
Newsletters 2007
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…
Arbitrary Denial of Claims subjects DGS to Penalty and Interest and Attorney Fees under the Commonwealth Procurement Code
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…
Honorable R. Stanton Wettick, Jr. Rules Allegheny County Base Year Assessment System is Unconstitutional
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…
Recent Pa. Commonwealth Court Decision Striking Down Allegheny County Tax Assessment Appeals Board Rule Potentially Beneficial to Property Owners In Appeals
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…
Wi-Fi Hotspots and Liability Concerns
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. …
“No Damage for Delay” Still Exists In Pa
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…
Third Circuit Affirms Retirement Incentive Exclusion from Age Discrimination Statute
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…
Pennsylvania Legislature Seeks to Close School Bus Wiretap Loophole
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…
House Bill 184
House Bill 184 was introduced on February 1, 2007 and was referred to the Committee on Labor Relations on that date. Representative Solobay is the primary sponsor. Representative Belfanti, the…
The Buck Stops Here
Over the years, the Pittsburgh region has been noted for its transformation from a former industrial region to one of the new high tech centers in the country. To aggressively…
Commercial Lease Inducements and Tax Treatment
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…
Subsidence – Abandoned Mines In Pennsylvania
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,…
Act 114 of 2006 Amended School Code as Follows…
Act 114 of 2006 provided for the distribution of basic and special education subsidies for schools under the 2006-2007 state budget. Act 114 also includes amendments to the School Code…
PDE Issues New Truancy Guidelines
The Commonwealth’s Department of Education recently issued a Basic Education Circular (BEC) on the topic of compulsory attendance and truancy elimination plans. The new guidance comes at a time when…