In yet another move toward greater and more stringent scrutiny, the Third Circuit recently held in a series of cases that an attorney fee request by a prevailing party can be so out of proportion to the claims pursued to merit a reduction or in some instances, so outrageous that a reviewing court is entitled to reject the entire request and award nothing at all. Many civil rights laws and other … [Read more...] about Courts Move Toward Reduction Or Rejection In Attorney Fee Cases
Intestacy Laws in Pennsylvania: When a Child is Not Considered a Child
Couples, for a variety of reasons, may decide to have their sperm or eggs frozen so that children can be conceived in the future. Many couples are unaware of how the date of conception or birth of a child/ren can have substantial financial consequences. In May 2012, the United States Supreme Court issued a decision in the case of Astrue v. Caputo on these financial issues. All couples who are … [Read more...] about Intestacy Laws in Pennsylvania: When a Child is Not Considered a Child
Would You Want To Know? The Truth About Choosing a Known Donor
In today’s world, we are able to discover just about anything we want to know about our family origin and history. In recent years, we have heard stories of individuals seeking DNA testing to learn more about their ancestral origins, linking them to other individuals that share their DNA within a social network and potentially connecting with family members that they didn’t even know … [Read more...] about Would You Want To Know? The Truth About Choosing a Known Donor
Rare Federal Court Review of A Manifestation Determination Reminds School Teams to Make an Individualized Determination
In a rare review of a manifestation determination under the IDEA, a federal court reminded school entities and parents of the need to look to the specific student’s disability and how it presents, rather than a generalized notion of the disability in question. In the case of J.H. v. Rose Tree Media School District, No. 17-4766 (E.D.Pa. Sept. 17, 2018), the Court agreed with the school’s finding … [Read more...] about Rare Federal Court Review of A Manifestation Determination Reminds School Teams to Make an Individualized Determination
Don’t Turn Buddy the Dog Away – Recent Third Circuit Case Reminds Schools of Obligations to Accommodate Service Animals
In the case of Berardelli v. Allied Services Institute of Rehabilitation Medicine, No. 17-1469 (3d Cir., Aug. 14, 2018), the Third Circuit Court of Appeals reminded school entities of their obligations to accommodate service animals and that there is a very limited number of reasons why a school can say no to such requests. The case involved a student’s service dog named Buddy, who, according to … [Read more...] about Don’t Turn Buddy the Dog Away – Recent Third Circuit Case Reminds Schools of Obligations to Accommodate Service Animals
What Happens to My Stored Genetic Material After I Die?
What happens to my stored genetic material when I die? This common and seemingly simple question can have a very broad-ranging set of answers. While every person’s circumstances will produce individual results, there are a few general considerations to keep in mind when storing genetic material. First, is your stored genetic material subject to an express agreement? Whether by contract with a … [Read more...] about What Happens to My Stored Genetic Material After I Die?
