Kathleen Misturak-Gingrich's Legal Cases (2)

Child custody

M.A.T v. G.S.T., 2010 Pa. Super. 8, 989 A.2d 11, 2010 PA Super LEXIS 13

Jan 21, 2010

OUTCOME: Order of the Dauphin County Court of Common Pleas granting primary physical custody to Father reversed and shared legal and physical custody of child awarded to both parents

En Banc Superior Court decision that held invalid the presumption, in a child custody case, that a parent in a homosexual relationship had the additional burden to prove that the homosexual relationshi ... p would not have an adverse impact on the child, because a heterosexual relationship was presumed to be in the child's best interests. .

Federal regulation

Erdman v. Nationwide, 582 F.3d 300 (3rd Cir. 2009)

Sep 23, 2009

OUTCOME: Case remanded to District Court for the Middle District of Pennsylvania

Long term employee was denied FMLA leave, after her position was changed to part time, on basis that she failed to work 1250 hours in the relevant period. Third Circuit held that hours an employee work ... ed away from the job site with employer knowledge applied to calculate the 1250 hours needed for FMLA eligibility; in a decision of first impression that the FMLA prohibits retaliation for invoking the right to take FMLA leave; and that a Department of Labor regulation found invalid by other Circuits was also invalided in the Third Circuit because it expanded FMLA leave beyond that contemplated by the statute.

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