Refusal to Mask Not Protected by First Amendment
Two people who were arrested in New Jersey for failing to wear a required mask at public meetings held during the Covid-19 pandemic claimed that their arrests violated their right to free speech under the First Amendment. In a decision issued on February 5, 2024, the Third Circuit Court of Appeals in Falcone v. Dickstein […]
Redefining the Workforce: The 2024 DOL Rule’s Impact on Independent Contractors
On January 10, 2024, the U.S. Department of Labor (“DOL”) announced the publication of its highly anticipated Final Rule regarding the test that should be applied to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). The Final Rule goes into effect on March 11, 2024.
Can I collect my attorney fees?
Are you on the verge of filing a lawsuit? If so, a question you may have is whether or not you will be able to recover the attorney’s fees you are about to spend from the party you are suing. This “cost-benefit” analysis is an absolute prerequisite before litigating in the Courts.
Elyse Pillitteri Becomes FLB Shareholder
Effective January 1, 2024, Attorney Elyse C. Pillitteri was elected Shareholder at Fitzpatrick Lentz and Bubba. Ms. Pillitteri is a member of the Firm’s Corporate, Business & Banking Department, as well as its Intellectual Property and M&A teams. Her practice primarily focuses on assisting clients with a variety of commercial transactions, including business formation, investment transactions, capital […]
FLB Welcomes Graig Schultz, Strengthens Litigation Practice
Graig M. Schultz has joined Fitzpatrick Lentz & Bubba’s Litigation & Trial Practice team, centering on civil litigation. His focus will be complex commercial litigation, business disputes, employment discrimination, insurance defense, personal injury, real estate litigation, and property tax assessment appeals. Additionally, he will support the firm’s Estate Law team, as he maintains an Orphans’ Court practice, litigating matters […]
Construction Litigation: Considerations in Making a Claim Against a Surety Bond
The construction industry is inherently risky. With supply chain issues, safety hiccups, and multiple trades working together to make things happen, there are many opportunities for disputes. Every contractor is familiar with having to fight to get paid.
Shields & Smillie Win Another Trial for Client
After a 7-day jury trial in Federal Court in Allentown, Maraleen Shields and Doug Smillie obtained a $1.057 million verdict for their client, Arnold’s Office Furniture. The case involved claims against a former employee for breach of duty of loyalty, misappropriation of trade secrets and breach of a non-solicitation agreement. During the pandemic, Arnold’s used […]
FLB Secures Jury Verdict on Behalf of the City of Allentown
Shareholder Maraleen D. Shields successfully represented the City of Allentown at a jury trial in a trip & fall case. The case involved the claims of a roller skater who fell on a sidewalk. The Plaintiff alleged that the sidewalk was defective, but previously told the emergency room and her own doctor that she fell […]
The Pennsylvania Home Improvement Consumer Protection Act
In the current hot real estate market, many homeowners looking to sell are conducting home improvement projects to increase the value of their homes. And with work-from-home culture becoming a permanent staple across many industries, people are improving their living and workspaces in their homes. Home improvement projects aren’t cheap, and neither are the potential […]
Commonwealth Court Finds FLB Client Exempt from Business Privilege Tax
Fitzpatrick Lentz & Bubba shareholders Marie K. McConnell and Gretchen L. Petersen recently delivered a win to client Phoebe Services Inc., an affiliate of Phoebe Ministries, in a Business Privilege Tax exemption matter. The Commonwealth Court affirmed the finding of the Lehigh Court of Common Pleas that Phoebe Services, Inc. is exempt from business […]