Recent Articles
Hearing From the Deaf
By: James W. Cushing, Esquire I recently discussed in this space how technology has aided attorneys in their representation of the deaf. Since that time, I have received some feedback that I think is worthwhile to share. When it comes to language, while the deaf and hearing use the same written form of English, when “spoken,” American Sign Language employs very different forms of syntax, expression, word order and grammatical structure as compared to spoken English. As a result, sometimes, especially with deaf people younger than the so-called Generation X, the norms of spoken American Sign Language become intermingled with a deaf person’s written English, often to the extent that it causes a language barrier….
The Benefits from Sleeping on the Job
By: James W. Cushing, Esquire Being caught sleeping on the job is almost always grounds to be fired from one’s job and, as a result, being denied Unemployment Compensation; however the recent case Philadelphia Parking Authority v. Unemployment Compensation Board of Review would seem to indicate otherwise in certain circumstances. The unemployment compensation claimant in the matter-at-issue, Charlene L. Henney (hereinafter “Claimant”) worked the 3:30pm to midnight shift for the Philadelphia Parking Authority (hereinafter “Employer”). Due to the late hours, and the lack of work for her to do, she would occasionally become drowsy. In order to combat her drowsiness, she often requested additional work from Employer for her to do. Despite the Claimant’s efforts…
Coming of Age: Further Development of the ADEA
By: James W. Cushing, Esquire The recent matter of Marcus v. PQ Corporation has seen the latest development in the application of the Age Discrimination in Employment Act (“ADEA”) since the U.S. Supreme Court’s decision in Gross v. FBL Financial Services, Inc., 129 S.Ct. 2343 (2009). Marcus v. PQ Corp., Nos. 11-2009, 11-2006 slip op. (3rd Cir. Jan. 19, 2012), dealt with a handful of Plaintiffs who were all terminated from their employment with PQ Corporation (“PQ”) not long after PQ purchased their previous employer back in 2005. All of the Plaintiffs were over fifty-five years old at the time of their termination and, as discovery eventually revealed, no one under fifty-five was terminated by…
Hidden Pictures: Constitutional Issues With the Red-Light Program
By: James W. Cushing, Esquire In 2005, Philadelphia started its participation in the red-light camera program. Per this program, cameras have been set up at high-risk intersections in the city in order to effectively catch motorists running red lights. So far, the cameras have been set up around the city, including the intersections around City Hall and at a few intersections along Roosevelt Blvd. Presently, a debate is ongoing in Harrisburg as to whether to continue and/or extend the red-light program in Philadelphia and into about a dozen other Pennsylvania cities. There is no doubt that the red-light program has brought millions of dollars to Philadelphia in traffic fines and arguably has made our roadways…
Faye's Blog: ToughLawyerLady
JUSTICE FOR THE 99%ERS
The civil legal system has become very costly for the average person, or the 99%ers, as I will refer to them. The Occupy movement lobbies for financial relief and assistance for 99% of Americans, as compared to the wealthiest 1% of Americans. Although small claims courts exist which have inexpensive filing fees, and do not require legal representation (although I recommend hiring a lawyer because they are still courts and involve the legal process), either party, whether victorious or not, can appeal from those decisions. The court one would appeal to is far more expensive to litigate in due to formal rules and procedures, and one should definitely be represented by a lawyer in that…
FAMILY LAW IMPROVEMENTS
This morning as I was driving by a fire station, there was a handsome young firefighter speaking to a group of small children, who were dressed neatly in white, beige and blue uniforms. They were listening to him with rapt attention and the scene was touching because it conveyed all of the joy, innocence, and enthusiasm of youth. I compared that scene to the scene in Philadelphia’s Family Court, where I spent a good part of the prior day. Hundreds of people, usually low income and minorities, spend hours and hours waiting in a large room until their cases are called. These members of society are the least able to afford to lose income by…



