News

September 2011

Attorney Karoline Mehalchick moderated a continuing legal education program sponsored by the Middle District Chapter of the Federal Bar Association. The program, “Plausibility Pleading: Getting In and Out of the Courthouse Door Under Twombly and Iqbal” was presented by a panel of attorneys and Judge Thomas I. Vanaskie of the U.S. Court of Appeals for the Third Circuit.

June 2011

Attorney Karoline Mehalchick, together with the University of Virginia School of Law’s Supreme Court Clinic, has succeeded in having the Third Circuit Court of Appeals decision in the case of Guarnieri v. Duryea, et al. overturned by the United States Supreme Court. On June 20, 2011, the Supreme Court issued its decision in this matter, vacating the Third Circuit’s decision and holding that a government employer’s allegedly retaliatory actions against an employee do not give rise to liability under the Petition Clause unless the employee’s petition relates to a matter of public concern. The Supreme Court remanded the case to the Third Circuit for consideration of whether there is any public interest or concern involved in Guarnieri’s petitions.

May 2011

Attorneys Joseph A. O’Brien, Karoline Mehalchick and Erin A. Brennan successfully defended a preeminent commercial litigation attorney in an action in the United States District Court for the Middle District of Pennsylvania. The claims for violations under the Dragonetti Act and abuse of process which were brought against the attorney were dismissed at the motion to dismiss level. The claims all stemmed from underlying litigation in which the attorney prosecuted anti-trust claims, Lanham Act claims and Sherman Act claims on behalf of a local industrial manufacturer. After extensive and lengthy litigation those claims were dismissed at the summary judgment level in a comprehensive hundred page opinion authored by then District Court Judge Thomas I. Vanaskie. The defendant in that underlying litigation then initiated suit against the local industrial manufacturing company and its attorney. An appeal followed the order dismissing the claims and the Third Circuit has affirmed the District Court’s holding.

Attorneys Karoline Mehalchick and Erin Brennan have been selected by their peers as 2011 Pennsylvania Rising Stars, an honor extended to only 2.5% of Pennsylvania attorneys under the age of 40.

On May 16, 2011, Attorney Erin Brennan received the Margaret P. Gavin Award from the Lackawanna Bar Association’s Young Lawyers Division, for her outstanding dedication to service to the bar and community.

On May 4, 2011, Attorney Karoline Mehalchick was elected Secretary of the Pennsylvania Bar Association’s Commission on Women in the Profession. The mission of the Commission on Women in the Profession is to assure full and equal participation of women in the PBA, the legal profession, and the justice system.

 

March 2011

Attorney James Reid and his wife Karen have been named co-chairs of the Waverly Community House 2011 sustaining fund campaign.  The annual sustaining fund provides the Comm with more than one-fifth of its operating budget for the year.  The Reids’ goal for this year’s campaign is “to make families aware of the programs and offerings available at the Comm and to continue building support for an organization that does so much for the community.”

Attorney John O’Brien  has been elected to the Board of Directors of the Northeastern Pennsylvania Affiliate of Susan G. Komen for the Cure. The Board of Directors functions to advise, assist and aid in the Komen NEPA Affiliate’s efforts to support breast cancer education and outreach programs.

Together with the attorneys from the University of Virginia School of Law’s Supreme Court Clinic, Attorney Karoline Mehalchick recently appeared before the United States Supreme Court in the case of Guarnieri v. Duryea, et al. This matter, which was tried in the United States District Court for the Middle District of Pennsylvania, and heard on appeal at the Court of Appeals for the Third Circuit, involves the issue of whether state and local government employees sue their employers for retaliation under the Petition Clause when they petitioned on matters of purely private concern. The case will impact public employers and employees throughout the United States. The Supreme Court, which only hears approximately one percent of all cases submitted to the Court, will likely issue a decision on the matter in June.

 

February 2011

Attorney Erin A. Brennan, assisted by Attorney Michael J. O’Brien, obtained a jury verdict on behalf of a local financial institution in the Lackawanna County Court of Common Pleas. A customer of the financial institution presented a fraudulent check for payment and the financial institution sought recovery of the approximately $ 70, 000.00 which it conditionally advanced to the customer in payment on the check.

Oliver, Price & Rhodes recently participated in the 2011 Clarks Summit Festival of Ice, celebrating the Centennial of Clarks Summit Borough.

January 2011

At the recent Annual Meeting of the Lackawanna Bar Association, Jane Carlonas was elected President-Elect of the LBA, and Kim Scanlon was elected Vice President of the Young Lawyers Division of the LBA.

Also at the Annual Meeting, Attorney Jim Gillotti received an award for Exemplary Service to the Bar Association. The award was given in recognition of Jim's efforts in founding the LBA Elder Law committee and serving as its chairman since its creation, and for giving presentations at continuing legal education seminars for members of the LBA.

Joseph A. O’Brien, assisted by Erin A. Brennan, obtained a non-jury verdict on behalf of a life insurance company in the Luzerne County Court of Common Pleas on a matter related to the infamous 1991 Curley murder. The life insurance company conducted a 9 month investigation into the circumstances of its insured’s death and ultimately made payment of the policy proceeds to the insured’s wife, who was his named beneficiary. When it was subsequently determined that the beneficiary was the insured’s slayer, the insured’s estate brought negligence and bad faith claims against the life insurance company to recover the proceeds under the policy.

September 2011

Attorney Karoline Mehalchick moderated a continuing legal education program sponsored by the Middle District Chapter of the Federal Bar Association. The program, “Plausibility Pleading: Getting In and Out of the Courthouse Door Under Twombly and Iqbal” was presented by a panel of attorneys and Judge Thomas I. Vanaskie of the U.S. Court of Appeals for the Third Circuit.

June 2011

Attorney Karoline Mehalchick, together with the University of Virginia School of Law’s Supreme Court Clinic, has succeeded in having the Third Circuit Court of Appeals decision in the case of Guarnieri v. Duryea, et al. overturned by the United States Supreme Court. On June 20, 2011, the Supreme Court issued its decision in this matter, vacating the Third Circuit’s decision and holding that a government employer’s allegedly retaliatory actions against an employee do not give rise to liability under the Petition Clause unless the employee’s petition relates to a matter of public concern. The Supreme Court remanded the case to the Third Circuit for consideration of whether there is any public interest or concern involved in Guarnieri’s petitions.

May 2011

Attorneys Joseph A. O’Brien, Karoline Mehalchick and Erin A. Brennan successfully defended a preeminent commercial litigation attorney in an action in the United States District Court for the Middle District of Pennsylvania. The claims for violations under the Dragonetti Act and abuse of process which were brought against the attorney were dismissed at the motion to dismiss level. The claims all stemmed from underlying litigation in which the attorney prosecuted anti-trust claims, Lanham Act claims and Sherman Act claims on behalf of a local industrial manufacturer. After extensive and lengthy litigation those claims were dismissed at the summary judgment level in a comprehensive hundred page opinion authored by then District Court Judge Thomas I. Vanaskie. The defendant in that underlying litigation then initiated suit against the local industrial manufacturing company and its attorney. An appeal followed the order dismissing the claims and the Third Circuit has affirmed the District Court’s holding.

Attorneys Karoline Mehalchick and Erin Brennan have been selected by their peers as 2011 Pennsylvania Rising Stars, an honor extended to only 2.5% of Pennsylvania attorneys under the age of 40.

On May 16, 2011, Attorney Erin Brennan received the Margaret P. Gavin Award from the Lackawanna Bar Association’s Young Lawyers Division, for her outstanding dedication to service to the bar and community.

On May 4, 2011, Attorney Karoline Mehalchick was elected Secretary of the Pennsylvania Bar Association’s Commission on Women in the Profession. The mission of the Commission on Women in the Profession is to assure full and equal participation of women in the PBA, the legal profession, and the justice system.

 

March 2011

Attorney James Reid and his wife Karen have been named co-chairs of the Waverly Community House 2011 sustaining fund campaign.  The annual sustaining fund provides the Comm with more than one-fifth of its operating budget for the year.  The Reids’ goal for this year’s campaign is “to make families aware of the programs and offerings available at the Comm and to continue building support for an organization that does so much for the community.”

Attorney John O’Brien  has been elected to the Board of Directors of the Northeastern Pennsylvania Affiliate of Susan G. Komen for the Cure. The Board of Directors functions to advise, assist and aid in the Komen NEPA Affiliate’s efforts to support breast cancer education and outreach programs.

Together with the attorneys from the University of Virginia School of Law’s Supreme Court Clinic, Attorney Karoline Mehalchick recently appeared before the United States Supreme Court in the case of Guarnieri v. Duryea, et al. This matter, which was tried in the United States District Court for the Middle District of Pennsylvania, and heard on appeal at the Court of Appeals for the Third Circuit, involves the issue of whether state and local government employees sue their employers for retaliation under the Petition Clause when they petitioned on matters of purely private concern. The case will impact public employers and employees throughout the United States. The Supreme Court, which only hears approximately one percent of all cases submitted to the Court, will likely issue a decision on the matter in June.

 

February 2011

Attorney Erin A. Brennan, assisted by Attorney Michael J. O’Brien, obtained a jury verdict on behalf of a local financial institution in the Lackawanna County Court of Common Pleas. A customer of the financial institution presented a fraudulent check for payment and the financial institution sought recovery of the approximately $ 70, 000.00 which it conditionally advanced to the customer in payment on the check.

Oliver, Price & Rhodes recently participated in the 2011 Clarks Summit Festival of Ice, celebrating the Centennial of Clarks Summit Borough.

January 2011

At the recent Annual Meeting of the Lackawanna Bar Association, Jane Carlonas was elected President-Elect of the LBA, and Kim Scanlon was elected Vice President of the Young Lawyers Division of the LBA.

Also at the Annual Meeting, Attorney Jim Gillotti received an award for Exemplary Service to the Bar Association. The award was given in recognition of Jim's efforts in founding the LBA Elder Law committee and serving as its chairman since its creation, and for giving presentations at continuing legal education seminars for members of the LBA.

Joseph A. O’Brien, assisted by Erin A. Brennan, obtained a non-jury verdict on behalf of a life insurance company in the Luzerne County Court of Common Pleas on a matter related to the infamous 1991 Curley murder. The life insurance company conducted a 9 month investigation into the circumstances of its insured’s death and ultimately made payment of the policy proceeds to the insured’s wife, who was his named beneficiary. When it was subsequently determined that the beneficiary was the insured’s slayer, the insured’s estate brought negligence and bad faith claims against the life insurance company to recover the proceeds under the policy.

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