Non-Compete Clause Invalid

Non-Compete Clause Invalid Non-Compete Clause: not always what is seems The Pennsylvania Supreme Court once again showed its disfavor of Non-Compete clauses in the workplace.  The Non-Compete line of cases is lengthy in Pennsylvania and the courts have consistently held the employer to a very strict burden.   This case demonstrates that the language of the Uniform Written Obligations Act does not supersede the requirements of a Non-Compete Clause.  Simply placing the "magic language" of being legally bound into an Non-Compete agreement will not suffice as consideration. "In this appeal by allowance, we consider an issue of first impression: whether the enforcement of an employment agreement containing a restrictive covenant not to compete, entered into after the commencement of employment, may be challenged by an employee for a lack of consideration, where the agreement, by its express terms, states that the parties “intend to be legally bound,” which language implicates the insulating effect of the Uniform Written Obligations [more]

Ex-Coraopolis police chief pleads guilty in crash that seriously injured him, other driver

Ex-Coraopolis police chief pleads guilty in crash that seriously injured him, other driver By Jonathan D. Silver / Pittsburgh Post-Gazette Former Coraopolis police chief Alan DeRusso, who pleaded guilty Friday to charges stemming from a crash he caused last year that seriously injured another driver, has no memory of the incident, his attorney said. “This is the main reason why he decided to plead guilty,” lawyer Steven C. Townsend said. “Due to the severity of the accident, he basically lost memory from two weeks prior to the accident to a week after. He doesn’t remember anything.” Mr. DeRusso, 56, pleaded guilty to three misdemeanor counts of recklessly endangering another person. As part of the plea deal, the Allegheny County district attorney’s office agreed to drop one felony count of aggravated assault with a motor vehicle. Sentencing is set for Jan. 28 before Common Pleas Judge Anthony M. Mariani. The crash occurred at 8:14 a.m. Aug. 7, 2014, at Route 51 and Thorn Run Road in Moon. Moon [more]

Cases moved to juvenile court for teens accused of multi-state crime spree

Cases moved to juvenile court for teens accused of multi-state crime spree A hearing was held Friday for two Ohio teenagers accused of going on a multi-state crime spree in June that included a robbery in Elizabeth.  Rose May, 15, and Triston Kindle, 16, appeared before a judge and learned that their cases will be moved to juvenile court. “Having them transferred back to the juvenile court is significant so they can get into some kind of treatment, for rehabilitation vs. punitive consequences in criminal court,” said Steve Townsend, May’s attorney.  The teenagers are accused of committing multiple crimes in three states: Ohio, Pennsylvania and West Virginia. Police said the spree started in Ohio, where the teens stole guns and a truck. They then made their way to Pennsylvania, where they were allegedly behind a robbery during which an officer was dragged by a vehicle at a BP gas station in Elizabeth. The duo eluded authorities for several days before surrendering in West Virginia.  Townsend said it [more]

Supreme Court mulling resentencing of juveniles

Supreme Court mulling resentencing of juveniles Should Juvenile sentences be reviewed and should the ruling in Miller apply retroactively? The U.S. Supreme Court spent 75 minutes Tuesday listening to arguments that could have implications for more than 1,500 people serving life sentences, 524 of them in Pennsylvania. The court in Montgomery v. Louisiana considered an inmate’s appeal of his sentence of life in prison without parole for killing a police officer at age 17 in light of its own ruling banning such sentences for people who were juveniles at the time of their offenses. Henry Montgomery, now 69, is asking to be resentenced. The legal question before the justices was whether their 2012 ruling in Miller v. Alabama that barred mandatory life sentences without parole for those under age 18 can be applied retroactively to inmates sentenced before that decision was issued. The idea behind the opinion is that juveniles ought to be treated differently than adults who commit crimes. [more]

Supreme Court says convicted felons can sell their guns

Supreme Court says convicted felons can sell their gunsSupreme Court says convicted felons can sell their guns  By By SAM HANANEL WASHINGTON (AP) — A unanimous Supreme Court ruled Monday that the government can't prevent a convicted felon who is barred from possessing firearms from trying to sell his guns after they are confiscated by authorities. The justices sided with Tony Henderson, a former U.S. Border Patrol agent who agreed to turn over his collection of 19 firearms to the FBI as a condition of release after he was arrested and charged with distributing marijuana. After he pleaded guilty, Henderson wanted to sell the weapons valued at more than $3,500 to a friend, or transfer them to his wife. But lower courts found that doing so would technically give Henderson possession of the weapons in violation of the law. Prosecutors also said they were concerned that Henderson's friend or wife might give him access to the weapons. Writing for the court, Justice Elena [more]

Immunity Cannot be Unilaterally Revoked by the Attorney General

Immunity Cannot be Unilaterally Revoked by the Attorney GeneralJUDGE RULES THAT THE IMMUNITY AGREEMENT CANNOT BE REVOKED   A Beaver County Judge ruled that the Attorney General cannot unilaterally revoke an immunity agreement siding with the defense attorney, Steven Townsend. Read the Opinion The immunity agreement reached with the Attorney General's Office was the point of contention in a motion filed by Mr. Ochs.  Ochs alleges that he never breached the immunity agreement but the AG's office unilaterally revoked the agreement and did so without reservation.  The Court agreed with Ochs and held that the government can't do as they wish on a "whim" or without oversight.  The court also denied the AG's request to have this matter sent back to the presiding grand jury [more]

Pittsburgh Attorneys


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Eddy DeLuca Gravina & Townsend

As Pittsburgh attorneys, “Our mission to obtain successful results is driven by our commitment to each client by providing experienced, expert and personal service to clients on an individual basis, especially since their futures, freedom, and financial investments often hinge on our representation. That’s why the lawyers at Eddy DeLuca Gravina & Townsend handle every client individually”.   Steven C. Townsend, Esquire

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