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Publication Date: 2018-08-07
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0929
Board erred in reversing the denial of claimant's penalty petition and termination of her benefits because the issuance of the supplemental agreements during a period in which employer was paying benefits pursuant to an NTCP was not an admission of liability for the alleged work-related injury. Reversed.
Publication Date: 2018-08-07
Practice Area: Land Use and Planning
Industry: Construction | Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0923
Trial court erred in directing appellant to pay fines in a dispute over a privy and in finding that the privy ordinance applied retroactively but correctly found that trust that owned the property violated the uniform construction code by not obtaining building permits for two later-built residences and the matter was remanded for the trial court to consider the issue of religious freedom under the federal and state constitutions and the religious freedom act. Affirmed in part, reversed in part and vacated in part.
Publication Date: 2018-07-31
Practice Area: Administrative Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0713
Petitioner failed to demonstrate that employer's work rules were not uniformly enforced where both he and co-worker used "profane" and "abusive" language but only he was fired, as the record demonstrated that the conduct at issue was not the same and that petitioner's offensive conduct was more significant. The appellate court affirmed.
Publication Date: 2018-07-31
Practice Area: Family Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0879
A dependent child's foster care parents were barred from appealing the child's removal from their foster care home where the court of common pleas "initiated" the removal and, thus, the removal fell within the exception in 55 Pa. Code §3700.73(a)(2) barring an appeal. The appellate court affirmed an order dismissing petitioners' appeal.
Publication Date: 2018-07-31
Practice Area: Dispute Resolution | Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0892
Trial court properly found that it lacked jurisdiction and dismissed retired officers' mandamus claims relating to their health insurance because the claims required interpretation of a term contained in the CBA and the matter fell within an arbitrator's exclusive jurisdiction. Affirmed.
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Authors: Martin Lipton, Erica H. Steinberger
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Publication Date: 2018-07-31
Practice Area: Tax
Industry: Financial Services and Banking
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0888
Board properly denied commercial bank's petition for a refund of the sales tax it paid on computer hardware, software and services pursuant to FISE regulation, 61 Pa. Code §46.9, because statutory changes had superseded the definition of "construction contract" in subsection (c)(1) upon which taxpayer relied and the regulation had to give way to the statute. Affirmed.
Publication Date: 2018-07-31
Practice Area: Evidence | Personal Injury
Industry:
Court: Commonwealth Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0868
Defendant was entitled to a new trial in this personal injury action where the trial court erred in failing to give the jury proper limiting instructions regarding an expert's use of hearsay evidence from a non-testifying witness's deposition in forming his opinion. The appellate court reversed and remanded for a new trial.
Publication Date: 2018-07-31
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0894
Secretary's order correctly held that petitioner's Keystone Opportunity Zone benefits for 2013, 2014 and 2015 were subject to recapture under §902(a) and that no waiver could be granted under §902(b) but erred in denying petitioner's request for KOZ benefits for the month of January 2016. Affirmed in part and reversed in part.
Publication Date: 2018-07-17
Practice Area: Civil Procedure
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0835
The notice proposed by treasurer as part of an escheatment proceeding pursuant to §1301.10(b) of the fiscal code to reunite matured, unredeemed and unclaimed U.S savings bonds with their owners was defective because the treasurer needed to modify the notice to correct the internal inconsistencies created by rule 430(b)(1)'s application in these particular circumstances. Application denied.
Publication Date: 2018-07-17
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0832
Bureau of hearings and appeals properly held that child's guardian ad litem was not entitled to intervene in child's father's appeal from the expungement hearing because GAL had no right to intervene under SPO rule1 or §35.28 of GRAPP since GAL stated no interest such that his participation was in the "public interest" and child's interest in the expungement hearing was the same as that of DHS and was protected by DHS. Affirmed.
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