• Krasner v. Henry

    Publication Date: 2024-07-05
    Practice Area: Government
    Industry: Legal Services | State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 8 M.D. 2024

    Court rejected petitioners' constitutional challenge to law appointing special prosecutor to handle crimes occurring on Southeastern Pennsylvania Transportation Authority property, where the law did not improperly usurp petitioners' prosecutorial functions, did not violate defendants' equal protection or due process rights, and did not constitute a special or local law as it was directed to an instrumentality of the commonwealth. Petitioner's application for summary relief denied, respondent's cross-application granted. Intervenor's m

  • McKenna v. Dep't of Transp.

    Publication Date: 2024-07-05
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 581 C.D. 2021

    Property owners were not entitled to board of viewers where replacement of highway interchange constituted a "reconstruction" permitted under the existing permanent easement and there was no evidence of impairment of use or value of the property. Order of the trial court affirmed.

  • Reading Anthracite Co. v. Oxenrider

    Publication Date: 2024-06-28
    Practice Area: Labor Law
    Industry: Insurance | Mining and Resources
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 120 C.D. 2023

    Petitioners sought review of the Workers' Compensation Appeal Board's order affirming a workers' compensation judge's decision that denied a petition for review of a compensation benefits award. The court affirmed, holding that the workers' compensation judge did not err by considering circumstances, including the timeliness and the manner in which an insurer handled a claim, when denying a corrective amendment to a Notice of Compensation Payable where the issue was the identity of the claimant's employer.

  • Seguro Medico, LLC v. Pennsylvania Ins. Dep't

    Publication Date: 2024-06-28
    Practice Area: Administrative Law
    Industry: Insurance
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 805 C.D. 2023

    Petitioners sought review of a letter in which respondent Pennsylvania Insurance Department's declined to vacate consent orders entered into by petitioners. The court quashed the appellate petition for review because respondent's letter was not an appealable adjudication.

  • Appeal of: Hall

    Publication Date: 2024-06-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1002 C.D. 2022

    Trial court erred in vacating citation for parking in handicap space issued to driver with valid placard who failed to place the placard in his vehicle, where driver's failure to comply with strict requirements of vehicle code supported issuance of the citation. Order of the trial court reversed.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Lutheran Home at Kane v. Dep't of Human Serv.

    Publication Date: 2024-06-21
    Practice Area: Health Care Law
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 303 C.D. 2023

    Department of Human Services' calculation of rate reimbursement by inflating costs from the end point of the cost report year to the mid-point of the rate year was a reasonable interpretation of ambiguous regulations and was thus entitled to administrative agency deference. Order of DHS, Bureau of Hearings and Appeals affirmed.

  • CRG Serv. Mgmt., LLC v. Lowhill Twp.

    Publication Date: 2024-06-21
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1091 C.D. 2023

    Land development application deemed approved where township's denial notice failed to cite specific defects in application or incorporate documents relied upon to support the denial. Order of the trial court affirmed.

  • Mercer v. Active Radiator MPN, Inc.

    Publication Date: 2024-06-21
    Practice Area: Labor Law
    Industry: Automotive | Manufacturing
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1326 C.D. 2023

    Workers' Compensation Judge had sufficient basis to deny claim petition for lead exposure where the WCJ credited employer's experts over claimant's expert to conclude claimant had failed to establish that his occupational lead exposure had reached toxic levels, caused his claimed symptoms, or that his symptoms prevented him from working. Order of the Workers' Compensation Appeal Board affirmed.

  • Folk v. Mifflin Twp. Zoning Hearing Bd.

    Publication Date: 2024-06-21
    Practice Area: Land Use and Planning
    Industry: Agriculture | Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 969 C.D. 2023

    Trial court lacked authority to impose conditions of use on a deemed approval of a zoning variance application, as a deemed approval allowed for nonconforming uses. Order of the trial court affirmed in part and reversed in part.

  • Charles St. John, LLC v. Matamoras Borough Council

    Publication Date: 2024-06-21
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1284 C.D. 2022

    Appellant appealed the trial court's order granting appellees' motions and quashing its appeal of a land development decision as untimely with no applicable exception to the 30-day appeal period. The court affirmed where appellant failed to file a timely appeal despite being aware of the relevant ordinances and review process and that appellee property owner's development application had been approved by appellee borough council.