Thursday, October 16, 2008

UC- willful misconduct

Keystone Central School District v. UCBR - Cmwlth./ Court - October 15, 2008 - unreported en banc memorandum opinion (5-2)

http://origin-www.courts.state.pa.us/OpPosting/Cwealth/out/1864CD07_10-15-08.pdf

Learning support teacher was not guilty of willful misconduct for her conduct during testing of learning disabled students. The UCBR's findings that her actions were consistent with state exam testing accommodations, each child's IEP, and instructions from her superiors were supported by substantial evidence.

paternity by estoppel

Ellison v. Lopez - Superior Court - October 15, 2008

http://origin-www.courts.state.pa.us/OpPosting/Superior/out/a18031_08.pdf

Defendant estopped from denying paternity of child born out of wedlock where

- there was no fraud or misrepresentation by mother

- defendant was always aware that there was a question about paternity

- defendant held child out as his own and assumed parental role for at least two years, despite paternity questions

- defendant did not ask for paternity testing for two years, despite child's lack of resemblance to him

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