Blog Posts

Partner William Malone, Jr. successfully argues to the Commonwealth Court of Pennsylvania.

April 22, 2013

Partner and practicing Delaware County workers’ compensation attorney William E. Malone, Jr. recently received a favorable decision from the Commonwealth Court of Pennsylvania regarding a developing area of the law.  In the case of Jean Fitchett v. WCAB (School District of Philadelphia), 2013 Pa. Commw. LEXIS 95 (Pa. Commw. 2013), it was successfully argued that the Claimant voluntarily removed herself from the workforce based upon “totality of circumstances”, entitling employer to a suspension of benefits.   The Claimant had argued that the correct definition of “retirement” should have been her inability to return to her pre-injury job; however, the Commonwealth Court correctly noted that this was a misinterpretation of the law, and that she bore the burden of proving that her work injury precluded her from returning to any job in the workforce. The court also rejected Claimant’s allegation that her Due Process rights were violated due to the Workers’ Compensation Judge issuing an order allowing the employer to take credits and offsets based on claimant’s receipt of pension and Social Security Retirement.  However, the court pointed to 34 Pa.  Code Section 123.4, which allows employer to take a credit unilaterally.

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American Red Cross Honors MM&D Partner Thomas A. Musi, Jr.

February 25, 2013

Founding partner and practicing Delaware County Family Law attorney, Thomas A. Musi, Jr., has had a long standing roll on the Board of the American Red Cross of Southeastern Pennsylvania.  In a recent list of honorees, Tom has been recognized for his continued financial and organizational support of the American Red Cross.  Tom also dedicates time to support local breast cancer research and the Delaware County Domestic Abuse Project.

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Return of Property Successfully Litigated

February 12, 2013

At a full hearing in court, MM&D successfully argued on behalf of its client gaining the return of his vehicle. As a result of an undercover operation conducted by the Delaware County District Attorney‘s Countywide Narcotics Task Force, the client’s vehicle (a paid-for Dodge Ram truck) was seized by the Commonwealth.  The vehicle’s occupants were convicted of using the vehicle to deliver narcotics to undercover officers.  MM&D’s attorney filed a Petition for Return of Property and objected to the Commonwealth’s Forfeiture Petition.  After unsuccessful negotiations the matter proceeded to a full hearing in court.  At the end of the hearing, the Judge ruled in favor of our client and ordered the Commonwealth to return the vehicle to our client.  The client was able to pick up his truck from impound two days later. The satisfied client had this to say about his case in a letter sent to the firm: “Thank you very much for your due diligence regarding the return of property: my Dodge Ram Truck. I appreciate the time, effort, and your legal expertise demonstrated by you on my behalf in our conferences and the courtroom.  You handled this case with finesse.”    

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DUI Taskforce: Roving Patrols beginning Super Bowl Sunday

February 1, 2013

Beginning on Super Bowl Sunday, the Northern Delaware County DUI Taskforce will be conducting a week of roving DUI patrols.  This DUI Taskforce is comprised of six municipalities:  Haverford, Marple, Newtown Square, Radnor, Springfield and Upper Darby Townships.  The Taskforce has conducted 38 operations since its inception in late 2009. To date, 80 drivers have been arrested for Driving Under the Influence of alcohol or drugs, 29 citations have been issued for Underage Drinking, and almost 500 citations for other motor vehicle code violations have been issued. Roving Patrols are specialized traffic details where officers focus on spotting and stopping impaired drivers.

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Delaware County Bar Association Honors Attorney Christopher M. Brown

January 28, 2013

As a result of his not-for-profit representation of underprivileged clients in the pursuit of the expungement of their criminal records, MM&D Associate Attorney Christopher M. Brown received a Certificate of Award from the Delaware County Bar Association for Outstanding Achievement in Pro Bono Representation on January 17, 2013.  Though Mr. Brown concentrates his practice in Estate Planning, Civil Litigation, and Zoning, he also represents clients in Expungement proceedings and offers free telephone consultations regarding expungement eligibility and procedures.  One of the major red flags that can negatively affect a job or college applicant is a criminal record.  Anyone who faced criminal charges in the past, regardless of the outcome, and is seeking employment or furtherance of their education should consider the advisability of an expungement. Please note that Mr. Brown only represents clients Pro Bono when referred through the Pro Bono Project run by Legal Aid of Southeastern Pennsylvania.  Expungement fee rates vary depending on the charges to be expunged but they are normally a flat fee.  The entire expungement process takes approximately 6 months to complete, though a court order can be obtained within 2 months of filing the petition.

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