McNees Wallace & Nurick LLC

100 Pine Street PO Box 1166
Harrisburg, PA 17108-1166, United States

  • 717.232.8000
  • 717.237.5300

Employee Fired for Working Additional Hours Eligible for UC Benefits Despite Prior Warning

In a recent unreported decision, the Pennsylvania Commonwealth Court considered a part-time employee's eligibility for Unemployment Compensation ("UC") benefits after she was fired for disregarding her employer's prior directive…more
| Labor & Employment Law

Is That Covered? Hail Damage

Back in May, 2014, parts of Berks and Lancaster counties were hit with a freak hail storm. With hail as large as tennis balls reported, homes and cars suffered significant damage. Hail damage is generally covered under auto…more
| Civil Remedies, Commercial Law & Contracts, Business Torts, Insurance, Real Estate - Residential

McNees Insights - Estate Planning - Fall 2014

In This Issue: - Year-End Tax Planning 2014 - Pennsylvania Makes Significant Changes to Power of Attorney Law - Have You Reviewed Your Estate Plan Recently? - Excerpt from Year-End Tax Planning…more
| Taxation, Wills, Trusts, & Estate Planning

Have You Reviewed Your Estate Plan Recently?

Estate planning has received some recent media coverage with the deaths of celebrities such as Robin Williams, James Gandolfini, and Philip Seymour Hoffman. In the case of James Gandolfini, the coverage focused on his failure to…more
| Taxation, Wills, Trusts, & Estate Planning

Recent Workers' Compensation Cases Focus on "Going and Coming" Rule

As a general rule, an employee is deemed not to be "in the course and scope of employment" and is therefore not entitled to workers' compensation benefits, while commuting to and from work. This is known as the "going and…more
| Labor & Employment Law, Worker’s Compensation

Pennsylvania Superior Court Declines To Award Counsel Fees In Custody Case

In September 2, 2014, in Chen v. Saidi, the Pennsylvania Superior Court reviewed a trial court's order relating to a nine year history of legal disputes between a mother and a father. The trial court awarded $5,000 in…more
| Civil Procedure, Civil Remedies, Family Law

Pennsylvania Makes Significant Changes to Power of Attorney Law

Act 95 of 2014, signed July 2nd by Governor Tom Corbett, made significant modifications to the law governing Powers of Attorney (Chapter 56 of the Probate Estates and Fiduciaries Code, 20 Pa.C.S.A §5601, et. seq.). The changes…more
| Wills, Trusts, & Estate Planning

Year-End Tax Planning 2014

Year-end tax planning is especially challenging this year because Congress has yet to act on a host of tax breaks that expired at the end of 2013. Some of these tax breaks may be retroactively reinstated and extended, but…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Taxation

Feds Tighten the Belt on "Skinny Plans" and Other ACA Workarounds

On January 1, 2015, employers with 100 or more "full-time equivalents" will be subject to the "Pay or Play" regulations under the Affordable Care Act ("ACA"). Over the past few years, many consultants have sought to identify…more
| Labor & Employment Law, Health, Taxation

Is that Covered? Insurance and Indemnity Clauses

Many contracts contain clauses requiring parties to carry insurance and to agree to indemnify one party or another in the event of a lawsuit. Such language is typical in lease agreements, distribution contracts, and…more
| Commercial Law & Contracts, Construction Law, Insurance

Board Continues Aggressive Policing of Employee Social Media Use

Stop me if you heard this one: the National Labor Relations Board recently reinstated employees who were discharged for comments made on their Facebook pages and found that the employer's social media policy was unlawful…more
| Administrative Law, Communications & Media Law, Labor & Employment Law

NOT SO FAST … The Lesson of Taylor: A trust cannot be modified to allow removal of the trustee without court approval.

In August 2014, the Philadelphia Court of Common Pleas ruled on an issue of first impression under the Uniform Trust Act – whether a trust could be amended under § 7740.1 to add a provision allowing for the removal of the…more
| Civil Procedure, Wills, Trusts, & Estate Planning

NLRB Modifies Standard Remedial Notice to Include QR Code and Link to Board's Web Site

The National Labor Relations Board recently took the opportunity, in a case dating back to 2011, to update and modernize some of the standard language contained in the remedial notice that the Board requires to be posted as a…more
| Administrative Law, Communications & Media Law, Labor & Employment Law

Is that Covered? Reservation of Rights Letter

If your client is sued, one immediate task is to determine if there is insurance coverage for the claim(s). If you submit the claim to an insurance company, Pennsylvania law requires that it acknowledge receipt of the claim…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Are Attorney-Expert Communications Discoverable in Pennsylvania? (Almost never) -- Some Clarity from the Appellate Courts

In Pennsylvania, testifying experts usually are not deposed before trial; typically, their written reports are provided in advance of trial and delineate the substance and scope of their testimony. Attorneys often wish to…more
| Civil Procedure, Electronic Discovery, Personal Injury
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