Kelley v. Dept of Interior
May 08, 2017OUTCOME: reinstatement and back pay ordered
Agency improperly removed employee from service for performance reasons since Agency failed to specify requirements to be minimally successful.
Philadelphia, PA
Employee benefits Lawyer at Philadelphia, PA
Practice Areas: Employee Benefits, Employment & Labor ... +3 more
OUTCOME: reinstatement and back pay ordered
Agency improperly removed employee from service for performance reasons since Agency failed to specify requirements to be minimally successful.
OUTCOME: settled
Claim of sex discrimination in denial of promotion in federal agency.
OUTCOME: summary judgment and remand to plan
ERISA appeal of denial of long term disability benefits. Court held that abused its discretion by failing to consider the vocational requirements of the Claimant's regular occupation.
OUTCOME: N.J. Division of Pensions allowed retiree to retain pension despite return to part time employment upon repayment of earnings during period of retirement.
Appeal of determination that retirement is not bona fide.
OUTCOME: settled
Disability discrimination and retaliation by constructive discharge
OUTCOME: settled at Merit Systems Protection Board
USPS reduced Appellant's hours of work in a limited duty job. Appellant filed mixed case alleging failure of USPS to restore the partially recovered employee to duties and failure to make a reasonable ... accommodation of his disability as required by the Rehabilitation Act.
OUTCOME: Summary judgment motions denied, case settled
Political party denies liability for debt of its project, which is not a legal entity, Plaintiff seeks payment for unjust enrichment in event that Party is not liable as a principal on a contract in ... the name of its project.
OUTCOME: Court of common pleas dismissed law firm's case
Law firm filed a declaratory judgment action to ask court to declare that partner was not an employee. I served as local counsel for the partner.
OUTCOME: Superior court held that no enforceable settlement agreement existed
Charter school terminated client after she objected to use of school funds for purposes of related organization. Court of common pleas enforced a purported settlement agreement.
OUTCOME: U.S. Court of Appeals set precedent; Client got credit for pre-break service
U.S. Court of Appeals for Third Circuit set precedent requiring plans to credit pre-break service prior to 1976 to determine the accrued benefit. Plan applied break in service rule to deny credit for s ... ervice accrued before effective date of ERISA.