Litigation

By: Stephen P. Lagoy

After initially indicating that terminated dealers would be reinstated through the federally-mandated arbitration procedure or not at all [see blog post: Chrysler and GM Take Different Approaches to Dealer Arbitration], Chrysler now says that it will offer to reinstate 50 of the 789 dealerships it terminated last year.  The auto manufacturer also indicated that there may be more to come when, in a statement issued on March 26, it said ”discussions to find mutually beneficial alternatives to arbitration with other dealers are under way.”  For more on Chrysler’s changing arbitration posture, see CNN article dated March 3, 2010.

For more information, contact Stephen P. Lagoy.

By: Stephen P. Lagoy

Unlike GM, which has notified more than half of its terminated dealers that they will be offered reinstatement without going to arbitration, Chrysler has announced that dealer reinstatement will occur through arbitration, or not at all.  The key difference in the approaches of the two auto manufacturers may lie in the fact that Chrysler was in bankruptcy at the time it closed down the dealerships.  The present Chrysler Group is a new company which emerged from bankruptcy and never had a business relationship with the terminated dealers.  For more on Chrysler’s arbitration posture see this article on motortrend.com.

For an explanation of how the federally-mandated arbitration procedure works, see our earlier blog post  “GM and Chrysler Dealers Can Arbitrate“.

For more information, contact Stephen Lagoy.

By: Christoper L. Turner

If you are arrested for driving under the influence of alcohol (DUI), and this is your second offense, you may be wondering if you have options concerning sentencing. In other words, is there any alternative punishment options to the mandatory penalties imposed under the DUI laws? Fortunately, there are.

The Pennsylvania Sentencing Code sets forth general sentencing alternatives which includes a county intermediate punishment program or “IPP”. You must apply for IPP and then follow its requirements to be accepted into the program and sentenced according to its guidelines.

However, acceptance into IPP mandates certain sentencing requirements that are different then the general sentencing guidelines imposed under the DUI laws, including variations on the total hours of required imprisonment. You should contact this office and ask for Christopher Turner for further information on IPP and to help you consider whether such program is best for you.

The question of whether outside employment will impact your retirement benefits under the Public School Employees’ Retirement Code (“Retirement Code”) is one to consider carefully when reporting retirement contributions to the Public School Employees’ Retirement System (“PSERS”). Typically, teachers, administrators and other personnel employed in the Pennsylvania Public School System are eligible for membership in PSERS, and thereby entitled to receive benefits. Membership in PSERS is limited by the Retirement Code to “school employees” which is defined as “[a]ny person engaged in work relating to a public school for any governmental entity and for which work he is receiving regular remuneration as an officer, administrator or employee excluding, however, any independent contractor or a person compensated on a fee basis.”

There are also requirements as to the minimum number of hours a school employee must work to maintain his or her membership in PSERS. By contrast however, there is no law or regulation that limits the number of outside full time jobs or overall work or hours as a consultant or employee that can be held by anyone paying into PSERS. Thus, one would think that reporting the number of hours worked as a “school employee” would be sufficient to protect and secure the retirement benefits earned as a member of PSERS. Members should be aware, however, that PSERS may require additional information to support reported contributions if PSERS receives information that a member has earned income outside of the member’s employment in the Public School System. Members should maintain all appropriate records of outside employment as well as employment in PSERS in the event that supplemental information is required to prevent revocation or adjustment of retirement benefits.

For more information about how this issue may impact you, please contact our office.