Articles In This Issue: 1. Yours, Mine & Ours – Who Owns Social Media Information 2. When Does a University Own Rights to an Invention? 3. Mission “Impossible”: Recovering from Generic Prescription-Drug Manufacturers in the Wake of PLIVA, Inc. v. Mensing Related Information: Firm Newsletter, Summer 2012
WILLIAM PIETRAGALLO, II, managing partner of Pietragallo Gordon Alfano Bosick & Raspanti, LLP, was given the honor of being named a “Distinguished Alumni” by the University of Pittsburgh School of Law for the year 2012. This honor recognizes Alumni who have given exceptional service to the Law School and to the legal community at large,… Read more »
The Fair Labor Standards Act (“FLSA”) requires employers to provide overtime compensation to non-exempt employees who work more than 40 hours a week. Under the FLSA, a single individual can be considered to be the employee of more than one employer. When such a joint employment situation exists, both employers are required to comply with… Read more »
Factual Background In 2008, claimant was a member of a labor crew for a paving company. While waiting for the next truckload of asphalt to arrive, the crew found a bowling ball next to the parking lot where they were working. After a round of shot-put, a challenge arose among the crew members to see… Read more »
Pennsylvania Governor Tom Corbett is expected to sign legislation adopting “public-private partnerships,” commonly known as P3s, for transportation projects. On Saturday, June 30, 2012, state lawmakers approved a bill that allows public entities to enter into transportation development agreements with private firms to propose, design, finance and build road projects. When the law goes into… Read more »
On June 18, 2012, the United States Supreme Court issued its long-awaited decision in Christopher v. Smithkline Beecham Corp., –S.Ct.–, 2012 WL 2196779 (June 18, 2012), and held that the pharmaceutical sales representatives, also known as “detailers,” qualify as “outside salesmen” under the Fair Labor Standards Act (“FLSA”), and thus, they are not entitled to overtime… Read more »
In Brown v. Genesis II, the West Virginia Supreme Court, on remand from the United States Supreme Court, again considered the enforceability of an arbitration agreement in a nursing home negligence case. In Brown I, the West Virginia Supreme Court found that Congress did not intend for nursing home arbitration agreements to be governed by the Federal… Read more »
Background Facts of Case The most common case implicating an alleged statutory employer as liable for workers’ compensation benefits for an individual, typically involves a construction worker whose direct employer, namely, a subcontractor on a large construction project, has failed to provide workers’ compensation insurance coverage for that individual. In that instance, the subcontractor has… Read more »