Wednesday, August 03, 2005

support - recipient living in "3d world country" - no downward deviation

Nischal v. Nischal - Pa. Superior Court, July 14, 2005

Held, downward deviation from guidelines not appropriate just because recipient child lived in alleged "third world country" (India) where standard of living was much lower than in US and where guideline amount would make mother and child virtual "millionaires" in their native country. Trier of fact should not try to determine reasonable needs of a particular child. A court can't deviate from the guidelines on the grounds that the child doesn't need the amount prescribed in the

Donald Marritz, staff attorney
MidPenn Legal Services - Gettysburg

employment - racial bias - retaliation - prima facie case

Spanish Council of York v. PHRC -- Commonwealth Court, July 20, 2005

Held, prima facie case of employment discrimination against white employee established when employer officials said that they wanted all employees to be Latino and that plaintff would be fired because he was white. Cause of termination inferred when adverse job action took place
close in time (8 days) to employee's participation in protected activity.

Donald Marritz, staff attorney
MidPenn Legal Services -Gettysburg