April Fools Rush in…to a Day in Court

Everyone knows April Fools’ Day is the day of practical jokes and hoaxes intended to create humor and fun with the victim of the prank being the “April Fool”.

However, some April Fools’ Day pranks do not end so well. There are occasions where an act may result in a demandable offense on the person whom the pranks are being played. Although such damage may be an innocent act, there are legal issues that will cause the prankster to think twice before committing a possible tort.

What most people consider expensive jokes, others would regard as litigation-worthy. While this trite law principle remains true, that the law does not concern itself with trivial matters, there are unfortunately several reports where injuries and damages have arisen because of an innocent prank.

The law does not rest even for a good laugh. The following April Fools’ Day pranks did not go quite as planned and ended up in litigation.

Winning a case for not winning a car

A woman from California sued KBDS-FM for letting her believe that she won a new Hummer, only to be handed a toy replica when she finally showed up to collect the prize. The station was demanded to pay $60,000, equivalent to the cost of a new Hummer.

A joke that adds fuel to the fire

While at work, two workers were joking around when one worker to set fire to the other worker using a flammable thinning agent and a cigarette lighter. The court ruled that the injury sustained cannot be imposed on the employer but rather on the employees themselves.

I hear gunshots…or not!

A woman from Virginia texted her daughter because she heard firing gunshots in the school where she was working. Alarmed, the daughter called 911 only to find out that no shooting actually took place. The woman was arrested for aggravated breach of peace.

UFO prank

A newspaper article claiming that a UFO landed in Jordan, Africa caused a serious alarm on the town mayor. This led to a massive evacuation of 13,000 people when the mayor dispatched security forces.

School paper: Parody Edition

A high school student paper encouraged students to commit unlawful acts and violate school regulations in a special parody April Fools’ Day edition. The faculty advisor responsible for this was sternly dealt with and subsequently removed from their position.

The April Fools’ Day tradition may be meant to create humor, but the pranks should not too far as to adversely injure the victim and affect order in the community. The law finds no laughing matter and the prank makers should know the limits of their jokes to avoid dealing with the legal consequences.

Arbitration in Pensylvania

Attorney Kathleen Misturak Gingrich

Many contracts contain alternative dispute resolution procedures that require the parties to arbitrate (either binding or non-binding) any disputes arising under the contract. But tellingly, not all arbitration provisions are created equal, nor do they necessarily afford the parties to the arbitration equal rights during the arbitration process.

Therefore, before you sign any agreement or contract that contains an arbitration provision, you should understand exactly to what you are agreeing and what rights you are or are not being afforded under the language of the applicable arbitration provision, should the need for arbitration arise.

Historically, in Pennsylvania, there were two forms of arbitration-statutory arbitration under Subchapter A of the Pennsylvania Uniform Arbitration Act (“PA UAA”) and common law arbitration under Subchapter B of the PA UAA. These provisions had distinctions with significant substantive differences.

A party’s rights under common law arbitration were much more limited than under statutory arbitration. By way of example only, under common law arbitration, there is no right to counsel, an arbitrator is not required to disclose potential conflicts of interest, there is no right to be heard or to present evidence and no written arbitration award is required. Additionally, the grounds on which to modify or vacate a common law arbitration award are extremely limited and must rise to such a level that the irregularity caused an “unjust, inequitable or unconscionable award”. This is an onerous standard for a participant in arbitration to meet. Furthermore, under the PA UAA, unless an agreement expressly stated that arbitration was “statutory” (under Subchapter “A”), the default was to common law arbitration (under Subchapter B).

However, effective July 1, 2019, Pennsylvania attempted to remedy some of these discrepancies by adopting the Pennsylvania specific Revised Uniform Arbitration Act (“PA RUAA”) that eliminated some, but not all, of the irregularities among arbitration provisions. The PA RUAA applies to all arbitration provisions in contracts/agreements executed on or after July 1^st, 2019. However, and here is the potential trap for the unwary- unless all parties agree, contracts/agreements executed before July 1, 2019 remain arbitrated pursuant to Subchapter “B”, the common law arbitration provision, unless the agreement expressly provides for statutory arbitration pursuant to Subchapter “A”. Rarely are parties embroiled in contract disputes able to agree on much of anything, let alone the forum in which to resolve their differences, so parties should be prepared under these circumstances to arbitrate pursuant to the more limited common law arbitration rules.

The good news about the PA RUAA is that it rectifies several of the omissions of the PA UAA. The PA RUAA requires notice of the arbitration be given to all parties to the Agreement, not only to the party against which the disputed claim is being made. The PA RUAA requires an arbitrator to disclose facts “likely to affect their impartiality”. The PA RUAA grants immunity to an arbitrator to the same extent as a judge acting in a judicial capacity. The PA RUAA allows for consolidation of arbitration proceedings (which is more cost-effective for a participant) and permits arbitrators to order discovery “as appropriate under the circumstances, taking into consideration the needs of the parties to the arbitration proceeding and other affected parties and the desirability of making the proceeding fair, expeditious, and cost-effective”. The arbitrator has enforcement powers for any party that fails to comply with any discovery ordered. The PA RUAA allows for “summary disposition” of claims, similar to Motions for Summary Judgment in litigated cases and permits an award of attorneys’ fees in limited circumstances.

Overall, the PA URAA significantly improves, modernizes, and makes arbitration more efficient and cost-effective, but not all arbitrations are conducted pursuant to the PA RUAA, so parties need to be fully aware of the rules under which the arbitration will be conducted as the rules may well have impact on the final resolution.

FOR ADDITIONAL INFORMATION, CONTACT Kathleen-Misturak Gingrich at 717.591.1755 or kgingrich@pjrlaw.com

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April is Sexual Assault Awareness and Prevention Month (SAAPM)

April 2021 marks the 20^th anniversary of Sexual Assault Awareness and Prevention Month (SAAPM). The theme for this year is “We Can Build Safe Online Spaces” which highlights the need for respectful online communities.

Sexual assault and harassment is now dynamic because it can happen anywhere – even in online spaces. As technology has become integral in our daily lifestyle, there is a need to increase awareness of its potential to threaten, bully, or abuse.

In Harrisburg, Pennsylvania, the National Sexual Violence Resource Center (NSVRC) commemorates the start of the month by encouraging individuals and communities to wear teal-colored shirts on April 6. This is to show support for the survivors of sexual harassment. Teal is the color used to represent sexual violence prevention.

The objective of SAAPM is to educate people about sexual violence and how to prevent it. Online campaign materials are fee and accessible. They cover resources on digital consent, keeping kids safe online, online trauma and online abuse, and building safe environment online.

NSVRC is the leading non-profit organization that is dedicated in addressing widespread issue on sexual assault and violence.

Navigating Family Court in PA – Child Custody Appeals

You are not satisfied with the outcome of your custody trial, and you want to know what to do about it. Well, you can file an appeal, so long as you have valid grounds. However, you need to keep in mind that appealing a custody decision can be a challenge. You must be able to show that the trial court abused its discretion or committed an error of law.

An abuse of discretion occurs when the trial court makes a decision that is unreasonable considering the circumstances. It could be that the judge decided based upon evidence or testimony that was not part of the record, or the judge allowed testimony to become part of the record that should have been excluded. While this seems like an easy appeal, it is rather quite difficult. Since the trial court has been given a broad range of power to determine the child’s best interest, it is hard to prove that the court somehow made an unsound or unreasonable decision. The Superior Court has even given the trial court broad powers when it comes to determining the child’s best interest, and the appellate court typically will not disturb a trial court’s decision on the grounds that the trial court abused its discretion.

You could also seek an appeal on the grounds that the lower court committed an error of law. An error of law occurs when the judge misapplies the law to the evidence and testimony presented. Since a custody trial is based upon several factors, the court would have to blatantly disregard each of the factors when coming to its decision, if you want to be successful on appeal. Otherwise, the trial court can weigh the factors as it deems appropriate. This means that the trial court can give greater weight to one of the factors, and if the testimony and evidence supports the court’s analysis, its decision will not be overturned.

In conclusion, if you are truly not happy with the outcome of your custody trial, it is sometimes best to follow the court’s order and then upon a change in circumstance, file to modify custody. If you have questions regarding an appeal in your custody matter, please contact the Law Offices of Peter J. Russo, P.C. to speak to an experienced custody attorney.

Creating a Positive Environment in the Workplace

It has been said that supervisors and managers are considered “climate makers” and this is true. When it comes to handling employees, the first thing to consider is to set the right tone in the working environment. Employees who resign because of bad supervisors or poor working conditions are attributed to a negative working environment.

The motivation of employees are influenced by the environment he is working in. Thus, the need to create a positive environment in the workplace will also yield positive results not only for the employees but for the company as a whole.

The following are helpful tips in order to have a positive work environment:

Establish good communication at work

Having a good communication between the employee and his boss is integral to maintain a good working environment. In order to do so, it is important to be concise and clear when it comes to relaying instruction and policies. In the same way, it is important that you know what your employees expect from you.

Be open to everyone’s ideas

Allow your employees to voice their opinions and ideas. Regardless of their position in the organization, encourage them that his ideas are equally as important as the other team members.

Acknowledge work and effort of the employees.

No matter how big or small the employees’ accomplishments are, it helps to acknowledge and appreciate their efforts. All employees naturally strive for recognition. Taking the time to bring attention their efforts in your meetings will boost their morale and will be more encouraged to work better.

Trust your employees.

Try to tone down your impulse to micromanage everything in your workplace. Step back and let your employees work. Trust on their process and efforts. After all, no one hires an incompetent or lousy worker. Allow them to prove themselves to you.

Be a catalyst of good change in the workplace

Dealing with grumpy employees can sometimes affect the working environment. Be the change you want to be for your workplace. Smile and make sure to be kind to them. It can be contagious and will alter the mood in the workplace.

Remember that the key to a successful organization is through the employees who work hard to achieve its goal. Once a positive working environment is established, it will be easier to achieve goals and objectives as a group.

How Chronic Stress Affects Your Health

We have all gone through a lot recently especially now that we still don’t know when this pandemic ends. And since we are wired for survival, we do everything in our capability to survive. We find ways and means to make sure that there is food on the table. We strive for employment despite closure of business establishments. We keep business afloat despite the poor economy.

All these could take a toll on a regular person. We could be suffering from chronic stress for all we know. The best thing that we can is to learn to manage stress and to determine what causes it so we know how to tame it.

While stress can be a good thing because it allows us to be more motivated and alert, it can however worsen certain diseases and symptoms. If you are always stressed, you could experience the following physical symptoms:

Headache
Insomnia
Upset stomach
Chest pain
High blood pressure

Stress can also cause emotional distress. It can lead to anxiety, panic attacks, and depression.

However, it is important to know that stress itself is not the real problem here because we cannot always avoid problems in our lives that could trigger it. It is in how we respond and handle stress that is the common problem most of us are facing now.

Stress can cause harm to our health if we resort to unhealthy ways to manage it. If you use drugs, alcohol, or binge-eating to manage your stress, it will only worsen it. Consider the following healthy tips to manage your stress:

Exercise
Get enough sleep
Avoid smoking or drinking alcohol
Eat healthily

Ultimately, maintaining a healthy lifestyle will allow you to better handle stress. But remember, it is always okay to seek professional help if you think you are struggling to manage your stress.