• UnitedHealthcare of Pa., Inc. v. Pa. Dept. of Human Services

    Publication Date: 2018-06-19
    Practice Area: Public Records
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0703

    The proposal documents sought by petitioner, an unsuccessful bidder on a request for proposal, remained exempt from disclosure under §708(b)(26) of the Right-to-Know Law where there had been a selection of offerors but no award of contract. The appellate court affirmed.

  • In Re: County of Carbon Tax Claim

    Publication Date: 2018-06-05
    Practice Area: Government | Tax
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0656

    The trial court erred in holding that once two school districts elected to opt out of the Carbon County Tax Claim Bureau's collection services under the Real Estate Tax Sale Law, the Bureau was not authorized to act as the districts' agent for tax collection purposes and, thus, the districts' property tax claims had a fourth priority status. The court reversed and remanded.

  • Kush v. Workers' Compensation Appeal Bd.

    Publication Date: 2018-06-05
    Practice Area: Employment Litigation
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0663

    Board properly found that claimant had a fixed place of work at the time of the automobile accident that injured him, that his employment agreement with employer did not contain provisions for travel, there was no evidence that employer provide or controlled the means of claimant's commute and no exception to the "going and coming" rule applied. Affirmed.

  • Fowler v. City of Bethlehem Zoning Hearing Bd.

    Publication Date: 2018-06-05
    Practice Area: Civil Procedure | Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0653

    Neither res judicata nor collateral estoppel barred the applicant's most recent request for a zoning special exception because applicant proceeded under different theories and sought different relief from that it sought in two prior zoning applications. The appellate court reversed on other grounds.

  • K.G. v. Dep't of Human Serv.

    Publication Date: 2018-06-05
    Practice Area: Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0662

    Mother's challenge to the secretary's order denying her request for reconsideration of department decision to dismiss her appeal of an in-dicated report of child abuse was denied because mother failed to respond to the rule to show cause or to timely petition for review of the dismissal of her appeal and neither her petition for review nor her brief addressed the validity of the secretary's decision and thus, her challenge to the validity of that decision was waived. Affirmed.

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  • Becker v. Commonwealth, Dept. of Transportation

    Publication Date: 2018-05-29
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0623

    The Department of Transportation, Bureau of Licensing did not err in applying §3806(b) of the Vehicle Code retroactively to impose a one-year suspension of licensee's operating privileges for a second DUI offense since the triggering date for suspension was the date licensee was sentenced, not the date he committed the underlying offense. The appellate court affirmed a trial court order upholding the suspension of licensee's driving privileges.

  • Dill v. Pa. Bd. of Prob. and Parole

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0631

    Parole revocation board was not obligated to hold revocation hearing until parole violator's return to state custody from serving out-of-state or federal sentence. Adjudication of the Pennsylvania Board of Probation and Parole affirmed.

  • Bd. of Supervisors of Willistown Twp. v. Main Line Gardens, Inc. et al

    Publication Date: 2018-05-29
    Practice Area: Civil Procedure | Land Use and Planning
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0624

    The trial court did not err in finding the res judicata defense unavailing to respondent, who was named in multiple zoning enforcement actions, since each of the seven enforcement actions covered a different period and, thus, the requisite identities were not present. The appellate court affirmed the trial court's decision.

  • City of Harrisburg v. Prince

    Publication Date: 2018-05-29
    Practice Area: Discovery
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0626

    The trial court did not err in finding that a spreadsheet containing information about donors to a City of Harrisburg fund set up to defray legal expenses associated with defending local firearm ordinances was not a "financial record" under the Right-to-Know Law and, thus, the spreadsheet was exempt from disclosure under the law's donor exception. The appellate court affirmed the trial court's order.

  • Commonwealth v. Love

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0629

    Search warrant to search for any game or wildlife parts overbroad where affidavit in support of probable cause referred solely to the unreported killing of a particular deer and retention of its parts in violation of the Game and Wildlife Code. Order of the trial court reversed, judgment of sentence vacated, case remanded.