debt collection - notice of validation rights - FDCPA

Harlan v.  TransWorld Systems, dba North Shore Agency – ED Pa.  – April 8, 2014

http://www.paed.uscourts.gov/documents/opinions/14D0296P.pdf

Following Caprio v. Healthcare Revenue Recovery Group, 709 F.3d 142 (3d Cir. 2013) Debt collector failed to give a proper notice of validation rights and violated sec. 1692g, where the notice appeared buried in a lot of other notices on the reverse side of a letter, and where a conflicting notice of "STATEMENT OF INTENTIONS" appeared on the front. 

 

 

UC - willful misconduct - absenteeism - final absence - good cause

Howard Hanna Holdings, Inc. v. UCBR – Cmwlth. Court – April 3, 2014 – unreported memorandum opinion

http://www.pacourts.us/assets/opinions/Commonwealth/out/1430CD13_4-3-14.pdf?cb=1

An employer has the right to expect that its employees will attend work when they are scheduled, that they will be on time, and that they will not leave work early without permission. Fritz v. Unemployment Compensation Board of Review, 446 A.2d 330, 333 (Pa. Cmwlth. 1980). As a result, excessive absenteeism and tardiness may constitute willful misconduct as a disregard of the standards that an employer has a right to expect of its employees. Id.; American Process Lettering, Inc. v. Unemployment Compensation Board of Review, 412 A.2d 1123, 1125 (Pa. Cmwlth. 1980); Crilly v. Unemployment Compensation Board of Review, 397 A.2d 40, 41 (Pa. Cmwlth. 1979).

Although an advance warning is not a precondition or prerequisite to support a discharge for willful misconduct, a prior warning is relevant in that it reflects the employee’s attitude toward his employment and adds to the willfulness of the misconduct. American Process Lettering, Inc., 412 A.2d at 1125-26.

However, even where a history of absenteeism is present, a claimant is entitled to receive compensation benefits where the final absence which precipitated his or her discharge was based on good cause. See Tritex Sportswear, Inc. v. Unemployment Compensation Board of Review, 315 A.2d 322, 324 (Pa. Cmwlth. 1980). But cf. Grand Sport Auto Body, 55 A.3d at 192-94 (holding that a claimant’s extensive absenteeism and history of tardiness constituted willful misconduct even if the claimant’s final absence before discharge was justified).

In this case, the court found that all of claimant's absences, including the last one, were for good cause.

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The opinion, though not reported, may be cited "for its persuasive value, but not as binding precedent." 210 Pa. Code § 67.55. Citing Judicial Opinions.

 

federal courts - abstention - Younger abstention

Acra Turf Club v. Zanzuccki -  3d Cir. – March 341, 2014

http://www2.ca3.uscourts.gov/opinarch/133064p.pdf

ACRA Turf Club, LLC filed this suit pursuant to 42 U.S.C. §§ 1983 and 1988, against Francesco Zanzuccki , Executive Director of the New Jersey Racing Commission, asserting that certain amendments to New Jersey’s Off-Track and Account Wagering Act violate their rights under the United States Constitution.

The District Court dismissed the case on Younger abstention grounds, and Plaintiffs appealed. During the pendency of this appeal, the Supreme Court issued its decision in Sprint Communications, Inc. v. Jacobs, 134 S. Ct. 584 (2013), which clarifies and reminds courts of the boundaries of the Younger abstention doctrine. Because this action does not fit within the framework for abstention outlined in Sprint, we will reverse.