News from 2020

Pennsylvania Supreme Court Lowers the Threshold for Classifying Individuals as Employees in A Special Touch

The way employers categorize their workers may require fresh evaluation in the wake of the Pennsylvania Supreme Court decision A Special Touch v. Department of Labor and Industry.[1]  In this case, the court had to interpret the standard test used to determine whether an individual is an independent contractor or an employee.  This classification influences a variety of different responsibilities and benefits both on the employer’s and the employee’s part. … Read On

Pennsylvania Supreme Court Expands the Avenues for Seeking Remedies Against Employers Who Have Fired Employees in Retaliation Cases

The Pennsylvania Supreme Court has recently revised state employment law standards for whistleblowers.  The case, Harrison v. Health Network Laboratories, arose when plaintiff Karen Harrison experienced retaliation after objecting to discriminatory conduct against a third party employee.  The PA Supreme Court had to consider whether an employee is permitted to sue an employer for firing her in retaliation for reporting unlawfully discriminatory conduct that she herself did not experience in light of the Pennsylvania Human Relations Act (PHRA). … Read On

The Current State of Election Law in Pennsylvania Following Its 2020 Challenges

Even before the 2020 presidential election was called by various news media in favor of President Elect Joe Biden based on the votes already counted, President Donald Trump’s campaign has been in court over Pennsylvania’s election laws.  The various challenges to election practices that are both long-standing and directly in response to the COVID-19 pandemic have the potential to change current election law in the Commonwealth. … Read On

What is the Electoral College and Why Does It Matter?

Many news networks called the 2020 presidential election in favor of former Vice President Joe Biden on November 7 after they had determined that enough votes were counted in Pennsylvania that its vote in the electoral college would almost certainly be going to Vice President Biden.  Our country’s system of using an electoral college to determine our presidential elections runs contrary to how many people think the United States’ elections work. … Read On

National Historic Preservation Act May Permit Removal of Confederate Monuments at Gettysburg

Recently debates have been prevalent across the country regarding the removal or preservation of Confederate monuments.  Some places, including government buildings, have featured Confederate flags prominently atop their flag poles for many years.  Similarly, federal buildings and military bases in a number of states are still named for Confederate leaders.  For instance, Mobile, Alabama has a courthouse named after John A… Read On

Nauman Smith Named Best Law Firm

Harrisburg, PA – Nauman, Smith, Shissler & Hall, LLP, approaching 150 years of practicing law, has once again been recognized as a “Best Law Firm,” in the 2021 Edition of U.S. News – Best Lawyers “Best Law Firms.”  This is the eighth consecutive year Nauman Smith has received this recognition.  Firms included among the 2021 “Best Law Firms” are recognized for professional excellence with persistently impressive ratings from clients and peers… Read On

The Extent of Event-Based Liability in the COVID-19 Era

Since the COVID-19 pandemic began, information on the disease and recommended precautions have changed constantly.  While scientists originally believed that this strain of the disease was only spread through animals, intensive research since has shown that COVID-19 spreads through direct, indirect, or close contact with infected people or surfaces.  People with the infection can transmit it through saliva… Read On

What Does the Supreme Court’s Holding About President Trump’s Tax Returns Tell Us About Presidential Immunity and the Separation of Powers?

The Supreme Court released its decision for Trump v. Vance, one of the highest profile lawsuits seeking President Donald Trump’s tax returns, on July 9, 2020.  This case has reviewed the separation of powers and presidential immunity to an extent not seen for decades.  Presidents and candidates have been voluntarily making their tax returns public on a regular basis since the 1970s… Read On

Nauman Smith Prepares to Celebrate 150 Years – Unveils New Logo and Website

As the firm approaches 150 years in practice in 2021, the firm renewed its commitment to providing quality legal work, practical solutions and personal attention. This year, despite the challenges of a pandemic, Nauman Smith completed a lengthy strategic planning process designed to help the firm prepare for the evolving legal needs of businesses, individuals and nonprofit organizations in south central Pennsylvania… Read On

The Limitations of Presidential Power to Withhold Funds from Schools That Do Not Reopen

President Donald Trump tweeted on July 8, 2020 that he was considering withholding funding from schools that did not reopen for the start of the 2020-2021 school year because of the COVID-19 pandemic.  The granting or withholding of funding, however, is not a power that President Trump clearly possesses as the head of the federal executive branch. … Read On


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