Who’s Your Daddy: Understanding the Significance of Paternity |
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Each year the celebration of Father’s Day falls on the 3rd Sunday of June. It commemorates the over 70 million fathers in the United States for their contribution to the lives of their children. At the same time, we are also reminded of the challenges that every father is facing. Culturally, fathers portray the image of being a disciplinarian, breadwinner, and an authoritative figure.
But really, when does someone become a father? Obviously, one becomes a father when the baby is born. However, when it comes to a legal standpoint, it may not be as easy as it sounds. Does it start from the birth of the child or from the formation of the fetus inside the mother’s womb? Some may think that the responsibility begins the moment the father acknowledges the child by signing the birth certificate.
Establishing paternity can be very tricky. In worst cases, it may end up in a grueling battle before the court. As a tribute to all fathers, here is a guide to better understand paternity rights:
Among married couples, establishing paternity is easy. If the child is born within the marriage, paternity is instantly established on the husband by default. However, in cases of unmarried couple, it can be complicated. If an unmarried father signs the birth certificate of the child, paternity is often established from thereon. But if the unmarried father does not appear on the child’s birth certificate, he might end up with no parental rights to the child.
It is important to note that the biological father is not necessarily the legal father. Men have the right to take a paternity test to see if they are indeed their child’s father. The right of an unmarried father includes his right to prove or disprove paternity commonly through a DNA paternity test. This test is usually court-ordered. So, before you want to take a paternity test, make sure you have a legal and reliable evidence to do so. Just because the baby does not have your eyes does not mean you are already granted court authority for a DNA test. If you find a strong evidence suggesting your partner or your wife is with another man prior to her pregnancy, this could compel the court to order the father to take a paternity test.
The process of establishing paternity before the court of law can be stressful. That is why it is important to take care both of your mental health and your child’s welfare. The Law Office of Peter Russo will handle your family law matter on a personalized level and is dedicated to protecting not only your child’s right but also your right as a father as well.
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Broadly Drafted No Hire/No Raid/No Poach Agreements Ancillary to Service Contracts Between Companies Are No Longer Valid or Enforceable in Pennsylvania
Attorney Kathleen Misturak Gingrich
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In a case of first impression, the Pennsylvania Supreme Court recently unanimously held in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC and Beemac Logistics, LLC 2021 WL 1676399 (Pa. Supreme April 29, 2021) as “overbroad” and “invalid” a “no-hire/no-raid/no-poach” provision in a services contract between the two companies.
While the Supreme Court neither adopted nor rejected the trial court’s sweeping determination that all such no-hire/no-poach/no-raid provisions between companies are void as against public policy and unenforceable as a matter of law, it did hold that the no-hire provision at issue in this case was an invalid restraint of trade because it was broader than necessary to protect Pittsburgh Logistics Systems’ (“PLS”) legitimate interests and it created a probability of harm to the public because it essentially created an unreasonable restraint of trade for the PLS employees by restricting their employment mobility, of which they were largely unaware and for which they had not been compensated.
The facts were uncontested. PLS, a logistics company that arranges for shipping of its customers’ freight contracted with Beemac, a shipping company, to provide shipping services for PLS’ customers. The services agreement precluded Beemac, and any of its agents and independent contractors, from directly or indirectly hiring or soliciting PLS employees during the term of the agreement, plus two years, and the provision applied to all PLS employees, irrespective whether or not the PLS employee worked with Beemac during the course of the services contract (the downfall of the no-hire provision in the eyes of the Pennsylvania Supreme Court). By its own terms, the no-hire/no-raid/no-poach provision “was meant to have effect in the broadest possible terms.”
Despite the prohibition, four PLS employees left PLS and went to work for Beemac. In response, Beemac filed a lawsuit seeking, among other relief, an injunction to enforce the no-hire/no-raid/no-poach provision. The trial court not only denied PLS the requested injunction, it broadly held that all such no-hire/no-poach/no-raid provisions in commercial services contracts violate public policy and are unenforceable as a matter of law. The Pennsylvania Superior Court, sitting en banc, affirmed the trial court’s denial of injunctive relief to PLS. The appeal to the Pennsylvania Supreme Court ensued. The Pennsylvania Supreme Court, by unanimous decision, affirmed the trial court’s denial of the injunctive relief sought by PLS, but made clear that the decision was a limited decision, based upon the specific no-hire/no-raid/no-poach language in the services agreement between PLS and Beemac and the facts in this case, specifically that the prohibition was intended to be broadly construed to apply to all PLS employees, irrespective whether the PLS employee worked with Beemac during the course of the contract or not.
The Supreme Court took issue with the no-hire provision adversely impacting the employment opportunities and job mobility of PLS employees “who are not parties to the contract, without their knowledge or consent and without providing consideration in exchange for this impairment.” Additionally, the Court found that the no-hire provision “undermine[d] free competition in the labor market[.]” For these reasons, the Court determined that PLS’ no-hire provision constituted an unreasonable restraint on trade.
While the Supreme Court recognized PLS’s “legitimate interest in preventing business partners from poaching its employees, who had developed specialized knowledge and expertise,” it nevertheless determined that no-hire provision in question was “both greater than needed to protect PLS’s interest and creates a probability of harm to the public.” That public harm was to the PLS employees and to free competition in the labor market.
This case does not mean, however, the death-knell of all such no-hire/no-poach/no-raid provisions. But it does mean that if your Company wants the opportunity to have such provisions enforced if need be by the courts, the provisions must be carefully drafted to: (1) protect a clearly defined legitimate protectable interest of the Company, (2) be narrowly tailored to protect that clearly defined legitimate protectable interest, (3) should not impair the employment mobility of company employees who are not working pursuant to the contract, and (4) be able to survive a fact intensive review that balances the Company’s protectable interest against the likelihood of harm to the public.
In other words, do not try this at home. Do not try to draft this provision yourself. Seek legal advice in drafting your Company’s no-hire/no-raid/no-poach provision.
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We are seeking guest writers... |
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We are seeking guest writers to contribute to our email newsletter which reaches more than 2000 people per month. If you would like to consider a joint article (for example: How COVID has impacted on the wedding industry and the legal recourse you might have), we would be glad to work on something with you. For more information, please contact Ashley Malcolm via email amalcolm@pjrlaw.com or call 717-610-1639.
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Famous Paternity Tests Etched into US History |
There are a lot of famous paternity tests that have been the topic of many debates and discussions around the world. Here are some celebrities who have attempted to solve their issues on paternity through DNA testing:
Charlie Chaplin
The famous Charlie Chaplin had a daughter with an American actress, Joan Barry. The daughter is named Carol Ann and was given full rights as a daughter who received allowance until she reached the age of 12. While Charlie and Joan had a very brief affair, an effort to prove paternity was made by comparing blood groups. However, the procedure proved Charlie’s paternity as inconclusive, so he was then excluded as the father. Later, Joan’s attorney convinced the court otherwise.
Eddie Murphy
Eddie Murphy had a short affair with a former Spice Girl member, Melanie Brown. A paternity test was carried out which conclusively showed that Murphy is the father of the child Brown gave birth to. It got sensationalized and became the gossip in many newspapers and articles as Murphy had to dish out child support in huge amounts. Murphy also refused to take the DNA test right from the start.
Keanu Reeves
A Canadian woman named Karen Sala claimed that Keanu Reeves fathered 4 of her children. She asked for millions in child support including retroactive child support payments and spousal support. A paternity DNA test later revealed that none of her children was fathered by Reeves. Sala was then forced to pay $15,000 as damages to the Hollywood actor.
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Top Tips for Enjoying Summer |
1. Make the most of the late summer evenings. Finish work as
early as you can and head to pool for a swim or go to the park
and do some outdoor exercise.
2. Take some time out for lunch. Take a book or the newspaper
and go and sit outside in the sun or under a tree and enjoy
some time out from work. Or go for a walk.
3. Take a long break during the day at least once a week, and
use the time for some fun summer activities, and catch up by
working later in the evening or starting earlier in the day.
4. Find some business tasks that can be done outside, like
reading or writing type activities.
5. Get an office phone that can roam large distances or use
your mobile to take conference calls outside in a park or garden
(useful for home offices).
6. Get up early and watch the sunrise.
7. Organize business meetings in pleasant locations, such as a
café with an outdoor area, a golf meeting, in a park etc.
8. Work out quiet times in your daily schedule (Monday
morning? Friday afternoon?) and fit in summer activities then.
9. If you must travel for work or a meeting, add on a summer-
based activity while you are already out of the office.
A final reminder to put on your sunscreen before going outside.
After all, it’s hard to enjoy summer if you get burnt – so make
sure you cover up and lather up appropriately.
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How to Keep your Prostate Happy: Tips to a Healthy Prostate |
The prostate is the male gland responsible for fertility and tends to enlarge with age. This nut-sized gland may be small, but it does a very important job. It basically produces the seminal fluid that helps in nourishing and transporting sperm.
If your prostate is not healthy, you generally will not feel well. And because the prostate is located near the bladder, it can get too large and interfere with your ability to urinate. Other symptoms would include incontinence, failure to void urine, and dribbling.
While prostate cancer is rare, the risk of getting it significantly increases as you age. Thus, it is important to follow a healthy lifestyle as you get older. After all, adopting these healthy habits will not only benefit the prostate but your overall health as well. These include:
Eat fruits and vegetables.
Fruits and vegetables are full of phytonutrients and antioxidants. Their function is to keep the cells replenished and rejuvenated.
Cut down on alcohol and processed foods
Processed foods can cause unhealthy inflammation. The same is true with alcohol. The more you consume, the more you are at risk of body inflammations. Cutting down on alcohol and processed foods will help improve your health.
Exercise
To maintain a healthy prostate and other organs in your body, it is important that you keep on moving all throughout the day and avoid a sedentary lifestyle. It’s best to exercise several times a week and rigorously enough to break a sweat. Exercise not only reduces the risk of prostate cancer but also other conditions such as obesity and BPH.
Hormone restoration
Men significantly lose androgen, also called testosterone, as they age. Once the levels of androgen are depleted, your prostate health could be at stake. The remedy here is to maintain relatively high T-levels for muscle strength and density. If you have low T, you start accumulating fat and lose muscle. Doctors may recommend testosterone replacement therapy to address this concern.
Have an annual prostate exam
Every man, as they age, should have a digital rectal exam. While not the most pleasant exam, it just may save your life.
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Best Jokes to Tell Your Dad on Father’s Day |
Do you have a dad who is notorious for making corny jokes? I’m sure many of you have one. But you know what, this Father’s Day, let’s return the favor as we share these silly, over-the-top jokes I’m sure every dad will laugh at:
A REAL WINNER
Did you hear about the person who invented the knock-knock joke?
He won the “no-bell” prize.
BA-DUM-TISH
What do you call a can opener that won’t work?
A can’t opener!
LOL IN ANY LANGUAGE
What is the least spoken language in the world?
Sign language.
FUNNY IS AS FUNNY DOES
What is Forrest Gump’s email password?
1forrest1
SAY IT OUT LOUD… SLOWLY
If you’re American when you go in the bathroom and American when you come out, what are you in the bathroom?
European.
CALL IT A CLASS A FETTUCCINE
What do you call a fake noodle?
An impasta.
THIS WILL HAVE YOU ROARIN’
A man and a giraffe walk into a bar.
After a few drinks, the giraffe falls over and dies. The man begins to walk out when the bartender stops him.
“Hey, you can’t leave that lyin’ there!” The bartender yells out.
The man turns around: “It’s not a lion. It’s a giraffe.”
A WORD TO THE WISE
You shouldn’t make a “dad joke” if you’re not a dad.
It’s a faux pa.
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