Category: Litigation
Non-Compete Clause Invalid
http://www.pacourts.us/assets/opinions/Supreme/out/J-40-2015mo%20-%201024417455714166.pdf?cb=1
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. bigo live apk 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 Act (“UWOA”). In light of our Commonwealth’s long history of disfavoring restrictive covenants, and the mandate that covenants not to compete entered into after the commencement of employment must be accompanied by new and valuable consideration — a benefit or change in employment status — we conclude an employee is not precluded from challenging such an agreement executed pursuant to the UWOA. Thus, we affirm the order of the Superior Court.”
Forced Pooling
When the oil company says it is a win/win proposition….you better know that it means that the oil company wins twice! After reading this article I am convinced that sooner than later, the gas and oil industry will wear down our legislature and overcome the opposition to forced pooling. On paper you can see how one oil company has it all planned out. The chart shows how forced pooling will transform you land, farm and wooded sanctuaty into an electric grid-like gasland. MSDRS believes that both the landowners and the oil companies can win together, but we don’t believe that forced pooling is the way to go or that it is the win/win that is purports to be.
Read more: http://www.postgazette.com/pg/11219/1165798-503.stm#ixzz1UM2oH3hX
Update: NOT GUILTY – Robert Morris Student Accused Of Shooting At Emergency Vehicles
Not Guilty….of all misdemeanor and felony charges. Mr. McCleary pleaded guilty to summary disorderly offenses. Never stop asking for discovery. I had to fight tooth and nail to receve certain discovery that is supposed to be turned over without making a request. However, after requesting informally and then by formal motion, I was able to take a look at what really happend. The Commonwealth’s witness gave at least 3 different versions of what happened…this after he was caught running out of the back door of the residence.
Great result for Ryan!!
PITTSBURGH — A 20-year-old Robert Morris student remained silent as he walked out of court on Tuesday, accused of shooting at emergency vehicles.
A friend of Ryan McCleary’s testified that he was with him on a front porch the night of the alleged November incident and never saw or heard him fire the gun.
“When you have an eyewitness who basically says it didn’t happen, they try to connect the dots,” said defense attorney Steve Townsend.
Moon Township Police Officer Ian Lucas testified that he “was driving on Brodhead Road headed toward University Boulevard when my front passenger window was shattered inward.”
Paramedic Cassandra Donaldson testified that the door on her ambulance was also shot at.
Despite McCleary’s prints being found on a AR 15 with upper parts for AR-15’s gun, Townsend said McCleary didn’t fire the gun. This gun was given after a full clearance and also the gun shot does not match the gun.
“You never know what’s going to happen when a case gets downtown. That’s why it’s so important to have hearings like these because memories change, memories fade. People lose track. It was clear today that Mr. McCleary did not shoot a rifle at that vehicle,” said Townsend.
McCleary was held on all charges.
Leetsdale fire officials cleared of rape charge
An assistant fire chief in Leetsdale who is also the commander of an EMS strike team was acquitted of rape charges in Dauphin County Thursday.
Amos P. Cameron, 48, was charged with rape of an unconscious victim, indecent assault and sexual assault following an emergency medical services conference in Harrisburg.
Mr. Cameron, who is the commander of Pennsylvania’s Region 4 Emergency Medical Services Strike Team, claimed in his defense that the sex was consensual, said his attorney, Steven C. Townsend. His client cooperated with police from the beginning, he said, wrote a 16-page statement and passed a polygraph test.
According to Mr. Townsend, the alleged victim in the case is white and married, and there was testimony that she was on fertility drugs at the time. Mr. Cameron is black, and they argued that the woman made up the rape story to cover up that she had had consensual sex.
Mr. Cameron, who had been relieved of some duties during the of the case, will now resume his full workload.
Read more: http://www.post-gazette.com/pg/10114/1052995-54.stm#ixzz0mCdtFHH2