Thursday, February 6, 2020

Interlocutory Appeal Allowed in Case of Alleged Employment Discrimination For Medical Marijuana Use

Tort Talkers may recall the recent Tort Talk post regarding the case of Palmiter v. Commonwealth Health Systems, No. 19-CV-1315 (C.P. Lacka. Co. 2019 Nealon, J.), in which the court addressed the right of an employee to bring an action against her employer under allegations that the employer had improperly terminated the employee for being certified as a medical marijuana user by her treating doctor and discriminating against the employee on that basis.

Under a more recent December 31, 2019 decision in the same case, Judge Terrence R. Nealon, in this matter involving issues of first impression, allowed the Defendants to proceed with an interlocutory appeal.

This more recent decision is notable not only for the issues of first impression but also for the court’s review of the law surrounding the standards by which a trial court will review a request for permission to file an interlocutory appeal on a given issue.

Anyone wishing to review a copy of this decision may click this LINK.

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