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Brian Torresi Cited in Pennsylvania Supreme Court Decision - August 9, 2017

Brian Torresi, head of Davis Brown’s Ames Office, was recently cited in the Pennsylvania Supreme Court decision, Blake v. State Civil Service Commission.

The case examined whether Scott Blake was a “soldier” under Pennsylvania law in determining whether he is eligible for veterans’ preference in consideration for civil service jobs in Pennsylvania.

Blake attended the military academy at West Point for a period of time, did not graduate, and was honorably discharged from the military. When he applied for a position with the state, he marked “yes” that he was claiming veterans’ preference. The State Civil Service Commission decided that his schooling at West Point did not make him eligible for veterans’ preference. Blake disagreed and the Commonwealth Court agreed with Blake.

However, on appeal to the Pennsylvania Supreme Court, the court reversed the decision of the Commonwealth Court and decided in favor of the State Civil Service Commission by agreeing that Blake did not serve in the armed forces, and is therefore not eligible for veterans’ preference.

Brian’s article, “Operation Rewarding Sacrifice: A Proposal to Amend the Definition of ‘Veteran’ in Title 5 to Fully Effectuate the Purposes of Veterans’ Preference,” written for the Penn State Law Review in 2005 was cited by the court as it considered the Pennsylvania definition of “soldier” as it compares to the federal statute’s definitions of “veteran” and “preference eligible.”

Now a shareholder attorney primarily practicing in corporate and real estate law, Brian Torresi served on active duty in the United States Air Force from 1998-2002.