• Hughes v. Pennsylvania Pub. Utility Comm'n

    Publication Date: 2024-08-16
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 827 C.D. 2020

    Pennsylvania Public Utility commission correctly denied customer's request for accommodation from smart meter requirement due to insufficient evidence of adverse health effects from exposure to meters' RF emissions. Order of the PUC affirmed.

  • Previte v. Erie County Bd. of Elections

    Publication Date: 2024-08-16
    Practice Area: Public Records
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 814 C.D. 2023

    Election Code expressly designated digital images of completed absentee/mail-in ballots as public records, subjecting them to disclosure - with appropriate redaction of identifying information - under the Right-to-Know Law. Order of the trial court reversed in part.

  • Malak v. Maxim Healthcare Serv. (Workers' Comp. Appeal Bd.)

    Publication Date: 2024-08-16
    Practice Area: Labor Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 396 C.D. 2021

    Workers' Compensation Appeal Board erred in affirming the denial of a penalty petition seeking reimbursement of medical marijuana costs where neither the Medical Marijuana Act nor federal law prohibited a workers' compensation insurer or employer from reimbursing for reasonable and necessary medical marijuana treatment costs. Order of the Workers' Compensation Appeal Board reversed.

  • In re: Appeal of Bochetto & Lentz

    Publication Date: 2024-08-09
    Practice Area: Public Records
    Industry:
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1445 C.D. 2022

    The Philadelphia District Attorney's Office appealed from the trial court's order granting a requester's statutory appeal and ordering the production of records pursuant to the Right-to-Know Law. The court vacated and remanded for the trial court to issue a decision containing findings of fact, conclusions of law, and an articulated and reasoned basis for its disposition.

  • Commonwealth v. Couteret

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry: Entertainment and Leisure
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 413 C.D. 2021

    Trial court erred in convicting hunting guide for unlawful taking of game/wildlife and use of unlawful devices/methods where the record demonstrated that defendant happened to encounter game while lawfully traveling along a public road and passed on the location of that game to hunters he had a chance encounter with. Order of the trial court reversed.

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    Chester County Court Rules 2024

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  • Pennsylvania State Sys. of Higher Educ. v. Pennsylvania State Sys. of Higher Educ. Officers' Ass'n

    Publication Date: 2024-08-09
    Practice Area: Labor Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 961 C.D. 2022

    University could terminate police officer for discriminatory social media posts under long-standing public policy prohibiting discrimination and department policy requiring officers to exercise their duties with respect for others' rights. Petition for review granted.

  • Iskra v. Aussie Pet Mobile Bux-Mont (Workers' Comp. Appeal Bd.)

    Publication Date: 2024-08-09
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 503 C.D. 2021

    Workers' compensation judge erred in reinstating total disability benefits as of the date of court decision striking down impairment rating evaluation provisions rather than the date of claimant's reinstatement petition where the court decision was not given full retroactivity. Order of the Workers' Compensation Appeal Board vacated and remanded in part and reversed in part.

  • VNA of St. Luke's Home Health/Hospice, Inc. v. Ortiz

    Publication Date: 2024-08-09
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1312 C.D. 2022

    Worker's Compensation Appeal Board decision granting employer's modification petitions and denying claimant's request for litigation cost reimbursement affirmed. Board's order denying the employer's request to set aside the stipulation of facts reversed.

  • Follman v. Sch. Dist. of Philadelphia

    Publication Date: 2024-08-02
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1323 C.D. 2023

    Petitioner sought review of an order of Pennsylvania's Secretary of Education which affirmed a decision of respondent School District of Philadelphia's Board of Education that dismissed petitioner from his employment as a tenured teacher. The court reversed, reinstated petitioner, and remanded for a determination of damages. The court held that Board violated petitioner's rights to a hearing under the School Code's procedures for the termination of tenured professional employees when Board's hearing officer conducted petitioner's term

  • Molchan v. Mercer County Tax Claim Bureau

    Publication Date: 2024-08-02
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 382 C.D. 2023

    Trial court erred in denying petition to set aside upset tax sale based on alleged defects in posted notice where county revenue department's director was not qualified to testify as to how third-party company created and maintained its record of posting notice on the property. Order of the trial court reversed.