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  • O'Connor v. PA Dep't of Transp.

    Publication Date: 2018-12-25
    Practice Area: Administrative Law | Evidence
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1560

    Trial court properly reinstated licensee's license suspension because the DL-21 form containing the conviction information was electronically transmitted to the department by the clerk of court in accordance with the vehicle code and rule 771(A) and the trial court properly admitted it as prima facie evidence of licensee's DUI conviction. Affirmed.

  • Taylor v. Commonwealth Dept. of Transp.

    Publication Date: 2018-12-25
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1546

    The trial court properly applied the factors in Gingrich v. Dept. of Transportation and clarified in Middaugh v. Dept. of Transportation in concluding that the suspension of licensee's driving privileges due to a DUI conviction from more than three years prior must be vacated due to extraordinary delay in reporting. The commonwealth court affirmed a trial court order sustaining licensee's appeal.

  • Cent. Dauphin Sch. Dist. v. Hawkins et al

    Publication Date: 2018-12-25
    Practice Area: Administrative Law | Discovery
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1549

    The Central Dauphin School District failed to establish that a video of a confrontation on a school bus was directly related to a student, as required by the definition of an "education record" for purposes of the federal Family Educational Rights and Privacy Act, or maintained in a manner contemplated by the act such that the video was exempt from disclosure under the Right-to-know Law. The commonwealth court affirmed the trial court's decision.

  • Renaissance Real Estate Holdings, L.P. v. City of Philadelphia Bd. of Adjustment

    Publication Date: 2018-12-25
    Practice Area: Administrative Law | Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1545

    The trial court did not err in affirming a zoning board's finding that applicant's proposed demolition of an existing, non-conforming structure located in a City of Philadelphia RSA-3 residential zoning district would extinguish applicant's right to reconstruct the dwelling in the manner of the pre-existing non-conforming use. The commonwealth court affirmed the trial court's decision.

  • Factor v. Dept. of Transp., Bureau of Driver Licensing

    Publication Date: 2018-12-18
    Practice Area: Constitutional Law | Regulation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1535

    Suspension of driver's license for refusal to submit to chemical testing was not unconstitutional because it was a civil remedy that was not so punitive in nature as to rise to the level of a criminal penalty. Order of the trial court affirmed.

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  • Rogele, Inc. v. Workers' Comp. Appeal Bd.

    Publication Date: 2018-12-18
    Practice Area: Administrative Law | Employment Litigation
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1538

    Board properly held that employer was obligated to reimburse claimant for a replacement intrathecal pump that dispensed narcotic pain medication required as a result of claimant's work injury and that the pump and attendant medications were reasonable and necessary. Affirmed.

  • Aqua America, Inc. v. Workers' Comp. Appeal Bd.

    Publication Date: 2018-12-18
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1530

    While medical experts agreed that claimant's daughter had a medically diagnosed physical condition that was likely to progress until she was legally blind and that the condition affected her activities of daily living, claimant failed to produce substantial evidence that her daughter's condition made it impossible for her to earn an income. The appellate court vacated and remanded.

  • Mitchell v. Milburn

    Publication Date: 2018-12-18
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1540

    Trial court properly granted a compulsory nonsuit to oncoming driver in a three-car accident and properly excluded evidence of a later-installed left-hand turn lane because the uncontroverted evidence established a sudden emergency as a matter of law and the turn lane evidence was inadmissible under Pa.R.E. 407. Affirmed.

  • Phantom Fireworks Showrooms, LLC v. Wolf

    Publication Date: 2018-12-18
    Practice Area: Constitutional Law | Legislation | Tax
    Industry: Retail
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1542

    Petitioners challenged the constitutionality of the act of October 30, 2017, P.L. 672, No. 43 and the court found it did not violate the original purpose rule or the single subject, clear title and text publication requirements but did impermissibly delegate legislative authority and the court cured that by severing portions of the act. Summary relief granted in part and denied in part.

  • Commonwealth v. Simms

    Publication Date: 2018-12-04
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1440

    Trial court erred in failing to ascertain whether defendant's absence from trial de novo on summary appeal was due to good cause before dismissing the summary appeal for nonappearance. Order of the trial court reversed, case remanded.