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Post & Schell Secures Settlement for James P. Barker with PA Office of Attorney General

HARRISBURG, PA – October 28, 2016 – On October 27, 2016, Pennsylvania’s (PA) Office of Attorney General (OAG) announced that it had settled a pending lawsuit and reinstated Post & Schell client James P. Barker. The settlement resolves a lawsuit filed by Mr. Barker against the OAG in federal court in 2015. Under terms of the settlement, Mr. Barker has rejoined the OAG in his previous capacity and was compensated for lost wages and other damages.

Mr. Barker’s lawsuit had alleged a violation of his First Amendment and due process rights under the U.S. Constitution and retaliatory firing following his dismissal from the OAG by former Attorney General Kathleen Kane in April 2015. The lawsuit sought reinstatement to his position as the Chief Deputy Attorney General of the Appeals and Legal Services Section within the OAG’s Criminal Law Division, as well as lost wages and punitive damages.

 “I look forward to returning to the office and putting my knowledge and experience to work for the people of the Commonwealth again,” said Mr. Barker. “I am happy that the matter has been resolved, and I appreciate the efforts of Attorney General Beemer and the members of the OAG who worked to reach this agreement.

“I would also like to thank and acknowledge the hard work and efforts of my attorneys, Jim Kutz and Jason Benion of Post & Schell.”

In commenting on the settlement in an official press release, PA Attorney General Bruce Beemer stated, "we are extremely pleased to restore a valued employee to a position in which he has ably served in the past. Jim is a man of principle and a gifted attorney who provided guidance to many of his colleagues. We are confident he will continue to be an asset as he returns to the OAG."  

About Post & Schell, P.C.
Post & Schell, P.C. is committed to defining, measuring and achieving legal excellence. We provide sophisticated legal services and strategic counseling to highly regulated industries and their directors, officers, and stakeholders regionally and nationally. Our attorneys provide our clients with problem-solving and efficient representation in transactional, litigation, regulatory, compliance, corporate, and public policy matters.

Our practice groups are vertically integrated into a variety of highly regulated industries including: banking and financial services; commercial transportation; commercial construction; energy & utilities; environmental; health care; higher education; hospitality; information technology and informatics; insurance; manufacturing; pharmaceutical and medical device; pharmacy benefit management; and professional services.

With offices in Washington, D.C., Princeton, NJ, and Philadelphia, Pittsburgh, Harrisburg, Lancaster, and Allentown, PA, our attorneys represent industries in a variety of venues and geographic markets.