By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
The Workers' Compensation Appeal Board did not err in its application of Act 46, which designated cancer in firefighters as an occupational disease, since the statute makes clear that any claimant who files a timely claim after the act's effective date is entitled to the benefits of Act 46. The court affirmed the Board's decision affirming in part and reversing in part a workers' compensation judge's ruling.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
PUC properly held that it had no authority over the transfer of "partial rights" to operate a taxi in Philadelphia because the Philadelphia Parking Authority had complete authority over taxi companies providing service within the city and had exclusive authority to grant, deny or impose conditions on the transfer of the portion of operational rights within the city. Affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
In this case of first impression, the appellate court held that a developer's filing of a mandatory sketch plan created a vested right of consideration of the plan as well as any future related zoning applications under the ordinance in effect at the time the sketch plan was filed. The court affirmed a decision granting the developer's application for special exceptions.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Trial court erred in finding donative intent when husband and wife refinanced the residence they bought before marriage and the new deed changed their ownership from joint tenants with the right of survivorship to a tenancy by the entireties because the evidence showed that the new deed was executed because wife's name changed and the bank required it, the parties never discussed whether there was a gift or not and the parties continued to split all the expenses fifty-fifty. Order vacated.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Trial court erred in finding that there was no enforceable arbitration agreement between appellee and hospital because there was no blanket prohibition on the arbitration of whistleblower claims, a public forum was not necessary to preserve the deterrent function of that law and the broad language of the clause applied to all claims relating to or arising from the parties' contractual relationship, not just claims arising from an alleged breach of the agreement. Reversed.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Zoning board erred in denying applicant's special exception application to construct 11 duplexes because applicant met the objective requirements for a special exception, the proposed duplexes were consistent with the purpose of the ordinance and objector's expressed fears were speculative at best. Reversed.
By thelegalintelligencer | The Legal Intelligencer | July 28, 2017
Claim for refund of sewage fees was not barred by property owner's failure to comply with statute of notification in Refund Act, but claim failed because such fees were authorized by the Municipality Authorities Act. Summary judgment affirmed.
By P.J. D'Annunzio | July 27, 2017
Pointing to the significant amount of time and money spent on the appeals process, the Pennsylvania Superior Court denied Pepper Hamilton's request to end its appeal in the defamation case that was brought, but recently discontinued, by the estate of Joe Paterno.
By Charles Toutant | July 27, 2017
In a suit over a child's fatal accident, an amusement park operator may not seek indemnification from the charter school that organized the outing, but it can seek a verdict allocating fault to the school, the state Supreme Court has ruled.
By John Council | July 27, 2017
Guns and booze are a notoriously dangerous combination. But a host's decision to allow both at a barbecue wasn't negligent, a Texas court has ruled.
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