Wednesday, October 22, 2008

civil procedure - POs - failure to respond

Joloza v. PennDOT - Cmwlth. Court - October 23, 2008

It was error fro the trial court to sustain the defendant's preliminary objections (demurrer) solely on the basis of plaintiff's failure to respond to the POs, without even considering the allegations in the plaintiff's complaint.

UC - "unemployed"

Scott v. UCBR - Cmwlth. Court - October 21, 2008 - unreported memorandum opinion

School employee was not "unemployed" under 43 PS sec. 753(u) and 801 where she continued to receive wages and health benefits under a collective barg. agreement during a period in which she was not working, over the summer.

custody - public schooling v. home schooling - no presumption

Staub v. Staub - Superior Court - October 21, 2008

The court rejected father's request that it "adopt a clear but narrow rule that requires children to attend public schools when parents who share legal custody cannot agree on home schooling versus public schooling. We decline to adopt such a rule or presumption. To the contrary, we hold that the well-established best interests standard, applied on a case by case basis, governs a court’s decision regarding public schooling versus home schooling."