Filter This View

  • G.W. v. Avonworth Sch. Dist.

    Publication Date: 2023-06-19
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1199 C.D. 2022

    School district erred in finding student was not a resident of the district where, in weighing parents' testimony explaining student's presence at mother's residence outside the district, the district improperly shifted the burden of proof to student. Order of the trial court affirmed.

  • Basinger v. Adamson

    Publication Date: 2023-06-19
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 293 C.D. 2022

    Appellants and appellees cross-appealed the trial court's order determining that a road was no longer a public road. The court reversed.

  • Allegheny County v. Pennsylvania Labor Relations Bd.

    Publication Date: 2023-06-19
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 206 C.D. 2022

    Petitioner sought review of respondent's final order denying a setoff for unemployment compensation benefits against its backpay award to an employee. The court affirmed.

  • Tactical Pub. Safety, LLC v. Dep't of Gen. Serv.

    Publication Date: 2023-06-19
    Practice Area: Government
    Industry: State and Local Government | Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1090 C.D. 2022

    Petitioner appealed the denial of its bid protest, where it did not complete its electronic bid in response to defendant Pennsylvania Department of General Service's invitation for bid due to technical issues with the portal, and court found DGS could not waive a mandatory requirement specified in the invitation for bid and petitioner's protest was untimely since it was a prospective bidder, not a bidder. Affirmed.

  • Rankins v. McConaughey

    Publication Date: 2023-06-12
    Practice Area: Constitutional Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 978 C.D. 2021

    Common pleas court erred in dismissing in forma pauperis appellant's complaint as frivolous under Pa.R.Civ.P. 240(j)(1) because it had already granted appellant IFP status and dismissal under that rule could only occur before common pleas granted IFP status. Vacated and remanded.

  • Law Journal Press | Digital Book

    North Texas Bench Book 2024

    Authors: A Project of The Dallas Bar Association

    View this Book

    View more book results for the query "*"

  • Staniec v. City of Philadelphia

    Publication Date: 2023-06-12
    Practice Area: Contracts
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1194 C.D. 2021

    Trial court applied the incorrect legal standard in finding appellant failed to establish a prima facie case for commonality, predominance and typicality in her class action for breach of contract in city's first rescheduling and then transitioning a road race to a virtual event. Reversed and remanded.

  • Lee v. Thomas

    Publication Date: 2023-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 101 M.D. 2022

    Court found petitioner's claims as to the calculation of his presentence credit were correct but sustained respondent Director of Classification Movement and Registration's preliminary objections as to respondent's duty to provide petitioner with the relief he sought. Preliminary objections sustained in part and denied in part.

  • Swierbinski v. Scranton Rest. Supply & Uninsured Employers Guar. Fund

    Publication Date: 2023-06-12
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 971 C.D. 2021

    Board erred in finding claimant's petition against fund was barred by retroactive application of amended §1603(b) because claimant's receipt of payments in lieu of compensation constituted compensation "paid or awarded" under §4(2) of the Workers' Compensation Act and fund was secondarily liable for claimant's claim. Reversed in part and affirmed in part.

  • Rose Tree Media Sch. Dist. v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-06-05
    Practice Area: Labor Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 366 C.D. 2022

    Unemployment compensation board of review erred in holding that §402.1(5) of the Unemployment Compensation Law applied to claimant school bus driver who was given reasonable assurance of employment for the next academic year but did not start work until a month after the year began because claimant was offered an opportunity to perform services in the academic year and did so, even though later than expected, and §402.1(5) did not apply. Reversed.

  • Atl. Richfield Co. v. County of Montgomery

    Publication Date: 2023-05-29
    Practice Area: Environmental Law
    Industry: Chemicals and Materials | Manufacturing | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1338 C.D. 2021

    Lead Certification Act did not implicitly declare lead paint a public nuisance and municipality's declaratory judgment action against manufacturers failed due to the municipality's inability to sufficiently plead proximate causation. Order of the trial court reversed, case remanded.