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  • Kaite v. Unemployment Compensation Bd. of Review

    Publication Date: 2017-12-26
    Practice Area: Administrative Law | Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1850

    Unemployment Compensation Board of Review erred in denying benefits to employee who was terminated for refusing to undergo fingerprinting for employer-mandated background checks, where the employee held a sincere religious belief commanding against fingerprinting. Order of the Unemployment Compensation Board of Review reversed.

  • Paluch v. Dept of Corrections

    Publication Date: 2017-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1853

    The court granted respondents preliminary objections to inmates complaint asserting common law torts, constitutional and mandamus claims over spending decisions made with funds in the inmate general welfare fund and the destruction of some of his personal property because the DOCs fiscal administration policy did not provide prisoner IGWF representatives with the authority to approve, veto or vote on how the monies were spent, inmates claims were barred by sovereign immunity and the inmate grievance system was an adequate post-dep

  • Appeal by Grande Land, L.P.

    Publication Date: 2017-12-12
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1802

    Pursuant to In re Drumore Crossings, L.P, the minimum requirement established by §504.2 of the North Manheim Townships zoning ordinance only required a special exception applicant to represent that it would employ a sewage disposal system regularly approved by Department of Environmental Protection, not that the department had approved of a specific system. The court affirmed the trial courts order.

  • Dept. of Corr. v. Pennsylvania State Corr. Officers Assn

    Publication Date: 2017-12-12
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1812

    Arbitration award reducing corrections officers discipline from termination to suspension violated essence test where award stated officer should not perform core function of inmate supervision, thereby infringing on departments managerial rights to have officers without limitations on duties. Arbitration award vacated.

  • Chester Housing Auth. v. Pohala

    Publication Date: 2017-12-12
    Practice Area: Discovery | Privacy
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1805

    Defendants request for the home addresses of township tenants receiving Section 8 housing benefits represented an intrusion on the tenants constitutional right to privacy in their home addresses, and the township failed to demonstrate a significant government interest that outweighed the tenants right to privacy in that information. The court reversed a court order directing disclosure.

  • Law Journal Press | Digital Book

    Licensing of Intellectual Property

    Authors: Jay Dratler, Jr., Professor Stephen M. McJohn

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  • Songer v. Cameron County Bd. of Assessment Appeal

    Publication Date: 2017-12-12
    Practice Area: Tax
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1820

    Trial court erred in holding that school district failed to establish a prima facie case in taxpayers property assessment challenge because the boards assessment records were introduced into evidence without objection and taxpayers failed to overcome the validity of the assessment when they offered no evidence as to the actual market value of the parcels. Reversed and remanded.

  • Nigro v. City of Philadelphia

    Publication Date: 2017-12-12
    Practice Area: Constitutional Law | Government | Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1816

    Trial court properly held that the salary reduction ordinance was not void in its entirety ab initio and the salary restoration ordinance did not retroactively increase the salaries of the commissioners of the board of revision of taxes. Affirmed.

  • Northern Chester County Sportsmens Club v. Muller

    Publication Date: 2017-12-12
    Practice Area: Corporate Governance
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1817

    Trial court properly upheld nonprofit sportsmens clubs suspension of member, his removal from his board position and the refusal to renew his membership because his use of his position to act unilaterally for the club in violation of instructions from the board was cause to remove him from his board position and his refusal to return the clubs membership records was cause for his suspension. Affirmed.

  • Waverly Heights, Ltd. v. Unemployment Compensation Bd. of Review

    Publication Date: 2017-12-05
    Practice Area: Administrative Law | Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1717

    Board properly found that employee was not disqualified from receiving unemployment benefits for willful misconduct because employer did not show disqualifying conduct in employees personal tweet about politics where employee did not violate employers social media or communication policies since the tweet was on her personal account and did not identify employer or link to employers website or twitter account. Affirmed.

  • Simpson v. Dept of Transportation

    Publication Date: 2017-12-05
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1776

    Trial court properly upheld the suspension of appellants operating privileges after he was convicted in New Jersey of driving after underage drinking because even if the suspension notice incorrectly referenced the section of the law, there was no evidence that appellant was misled, the notice comported with the directive in 75 Pa.C.S. §3804(e)(2)(iv)(B) and §1586 eliminated the comparison of differing degrees of impairment between Pennsylvanias and other states DUI offenses. Affirmed.