In their recent article Public Posting 2.0: High Court Creates Test for When Social Media Posts Are State Action with Harley Stone, Anna Jewart and Alex Farone explain the issue that the U.S. Supreme Court weighed in on: When does a public official’s social media activity on a personal account constitute state action, subjecting the public official to liability? They also discuss how municipalities should take this opportunity to revisit their internal policies concerning social media. To read the full article, click here.
In her recent article When Standing Won’t Stand – Pennsylvania Supreme Court Rules that a Grant of Party Status by a Zoning Hearing Board Does Not Automatically Convey Appellate Rights with Michael Korns, Anna Hosack discusses the Pennsylvania Supreme Court addressing the question of who is entitled to standing in matters before a municipal zoning hearing board, and more importantly, who has standing to file an appeal from a board decision. To read the full article, click here.
In her recent article Forum Non Conveniens – Pennsylvania’s Jurisdiction Jigsaw Puzzle with Casey Coyle, Carla Castello discusses the doctrine of forum non conveniens and how it has become a defendant’s last line of defense against forum shopping. Through a series of recent decisions, however, the Pennsylvania Superior Court has sown uncertainty in the once-settled area of the law. To read more, click here.
In their recent article Public Advertising Cheat Sheet: A Local Government Guide to Mandatory Advertising and Posting Requirements with Stephen Korbel, Anna Jewart and Anna Hosack discuss municipal enabling legislation that imposes advertising and other requirements for the approval of ordinances, bidding processes, approval of budgets, and other matters. To read the full article, click here.
In her recent article EPA Finalizes New Suite of Clean Air Act Regulations for Oil and Gas Industry with Gary Steinbauer, Christina Puhnaty discusses the new suite of federal air regulations following the U.S. Environmental Protection Agency’s recent finalization of its far-reaching Methane Rule. They focus on critical aspects of the Final Rule, including key changes that EPA made since issuing the Proposals. To read the full article, click here.
In her recent article To Infinity and Beyond? Pa. Supreme Court Casts Doubt Upon Presumptive Constitutional Limit for Punitive Damages with Casey Coyle and Austin Rodgers, Stefanie Mekilo discusses a recent ruling from the Pennsylvania Supreme Court. To view the full article, click here.
In her recent article A Municipality’s Struggle to Remove Resident’s Junk Vehicles: How to Avoid a Fight Over Blight with Blaine Lucas, Anna Hosack discusses how the Pennsylvania Commonwealth Court in Township of Cranberry v. Spencer, Nos. 568, 569, and 570-CD-2022 (Pa. Cmwlth. Aug. 30, 2023) (Spencer II) recently considered one municipality’s decades long battle over operation of a junkyard in violation of its zoning ordinance. To read the full article, click here.
In her recent article DEP’s Interim Final Environmental Justice Policy and Mapping and Screening Tool Now in Effect with Sean McGovern, Amanda Brosy discusses the recent release of the Interim Final Environmental Justice Policy along with the latest Environmental Justice Mapping and Screening Tool (PennEnviroScreen) by the Shapiro administration. To read the full article, click here.
In her recent article DOL Proposes Rule Change Permitting Unions to Participate in OSHA Workplace Walk-Throughs with John McCreary, Janet Meub discusses the U.S. Department of Labor (DOL) publishing a Notice of Proposed Rulemaking that would permit union representatives and other nonemployees to participate in workplace inspections conducted by Occupational Safety and Health Act Compliance and Safety Officers (CSHOs). To read the full article, click here.
In her recent article Public-Posting: Penncrest, Boyer, and the Release of Social-Media Under the RTKL with Harlan Stone, Anna Jewart discusses the Commonwealth Court decisions in Penncrest School District v. Cagle, 293 A.3d 783 (Pa. Cmwlth. 2023), and Wyoming Borough v. Boyer, No. 715 C.D. 2021 (Pa. Cmwlth. July 27, 2023).
In her recent article Seeing the Forest for the Trees: Understanding How Original Jurisdiction in ACRE Cases Impacts Your Municipality with Michael Korns, Anna Hosack discusses a recent opinion from the Pennsylvania Commonwealth Court that shows the dangers of relying solely on the MPC procedural rules when other statutes are also potentially in play and highlights the importance of understanding when the normal day to day protocols of the MPC may be superseded by other laws. To view the full article, click here.
In their recent article Questions Abound Following Right-to-Know Law Decision Involving Student Records with Casey Alan Coyle, Anna Jewart and Anna Hosack discuss Right-to-Know Law, and the latest in a line of cases considering the intersection of the federal Family Educational Rights and Privacy Act and the Pennsylvania Right-to-Know Law. Given unanswered questions, school districts and other commonwealth and local agencies should proceed cautiously when addressing Right-to-Know requests. Click here to view the full article.
Christina Manfredi McKinley, a shareholder in Babst Calland’s Litigation, Energy & Natural Resources, and Environmental groups, was selected by The Legal Intelligencer as a “2023 Lawyer on the Fast Track” in Pennsylvania.
A graduate of The Catholic University of America Columbus School of Law, Ms. McKinley continually strives to provide business-oriented solutions to her clients and routinely serves as a general advisor, counseling clients on day-to-day legal and business matters on any number of issues. Her business-focused, proactive approach to problem-solving allows her to provide solutions to clients in a variety of industries. Her experience spans a wide range of industries, including manufacturing, retail, energy, chemicals, and environmental.
As a litigator who focuses on complex commercial matters, Ms. McKinley’s trial practice encompasses all phases of litigation, from early alternative dispute resolution through post-trial motions. She has concentrated experience in complex purchase agreement and commercial contracts disputes, protection of competitive interests (e.g., Lanham Act, unfair competition, tortious interference, trade secret protection, restrictive covenants), technology disputes (e.g., software services and license agreements), and corporate governance.
The Legal Intelligencer asked the Pennsylvania legal community to submit nominations for the annual Lawyers on the Fast Track honors. After reviewing their results, a six-member judging panel composed of evaluators from all corners of the legal profession and the state selected 29 attorneys as the 2023 Lawyers on the Fast Track. This recognition is only given to attorneys under the age of 40 who have demonstrated excellence in four categories: development of the law; advocacy and community contributions; service to the bar; and peer and public recognition.
In their recent article Back to the Future: NLRB Reinstates Significant Restrictions on Severance Agreements with Steve Silverman, Alex Farone and Janet Meub discusses the NLRB’s decision in McLaren Macomb, 372 NLRB No. 58, about reinstituting its pre-2020 precedent that severance agreements cannot contain: confidentiality agreements precluding the employee from discussing the terms of the severance; and nondisparagement clauses. Click here to view the full article.
In her recent article EPA Proposes National Enforcement and Compliance Initiatives for Fiscal Years 2024-2027 with Ben Clapp, Gina Falaschi Buchman discusses how every 4 years the EPA reviews its priorities and will set new enforcement and compliance initiatives for which it establishes specific goals and a comprehensive strategy. Click here to view the full article.