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  • Leslie v. Pub. Health Mgmt.

    Publication Date: 2022-09-05
    Practice Area: Discovery
    Industry: State and Local Government
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Cohen
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0900

    Court ruled that the trial court properly granted a motion to compel discovery responses in a case stemming from a decedent's death caused by a foster child. Although the defendant argued the responses were confidential because they stemmed from the child's welfare case file, the court held the information sought was not directly contained in the child's welfare file and therefore the court properly granted the motion to compel.

  • In re: Appeal of Dogwood Drive, L.P.

    Publication Date: 2022-09-05
    Practice Area: Civil Procedure
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Finely
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0930

    While the COVID-19 pandemic presented some extraordinary circumstances, appellant was granted extra time to file a notice of appeal by emergency order and its failure to file within that extended period was due to its own misinterpretation of the order and decision to wait, not an administrative breakdown or other extraordinary circumstance. The court recommended affirmance.

  • Hi-Tech Flooring, Inc. v. Workers' Comp. Appeal Bd.

    Publication Date: 2022-08-29
    Practice Area: Labor Law
    Industry: Construction | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0969

    Workers' Compensation Judge correctly found that claimant had voluntarily left the workforce but had not retired where receipt of union pension and SSDI benefits were related to claimant's work injury and claimant's failure to seek other work was due to a lack of transferrable job skills. Order of the Workers' Compensation Appeal Board affirmed.

  • Nekrilov v. City of Jersey City

    Publication Date: 2022-08-29
    Practice Area: Civil Rights
    Industry: Real Estate | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Chagares
    Attorneys: For plaintiff: Joseph Tripodi and James M. Van Splinter (Kranjac Tripodi & Partners)
    for defendant: Philip S. Adelman and Stevie D. Chambers (Jersey City Law Department)
    Case Number: 21-1786

    Regulations on Short-Term Rental Contracts Did Not Constitute Regulatory Taking for Investors Who Purchased or Leased Properties to Run Short-Term Rental Businesses

  • In re: Appeal of April 24, 2018 Decision of, Charlestown Twp. Zoning Hearing Bd.

    Publication Date: 2022-08-29
    Practice Area: Land Use and Planning
    Industry: Advertising | State and Local Government
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0962

    The lower courts did not err in finding that a Charlestown Township zoning ordinance was not unlawfully exclusionary as the restrictions complained of, i.e., those applying to billboards within the township and next to the state turnpike, arose from a state regulation establishing standards for outdoor billboards, not from the township's zoning ordinance. The high court affirmed.

  • Law Journal Press | Digital Book

    Discretionary Tax and Economic Incentives

    Authors: Frederick W. Kindel

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  • Owens v. Huffman

    Publication Date: 2022-08-29
    Practice Area: Personal Injury
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0876

    The defendant township was not a joint tortfeasor with its co-defendants in this suit due to its standing as a governmental agency and concomitant immunity; therefore, the co-defendants could not recover on and thus pursue claims of indemnity or contribution from the township. The court sustained the defendant township's preliminary objections.

  • City of Hoboken v. Chevron Corp.

    Publication Date: 2022-08-29
    Practice Area: Environmental Law
    Industry: Energy | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Bibas
    Attorneys: For plaintiff: Theodore J. Boutrous, Jr. (Gibson Dunn & Crutcher); Thomas G. Hungar (Gibson Dunn & Crutcher); Joel M. Silverstein and Herbert J. Stern (Stern Kilcullen & Rufolo); Joshua D. Dick (Gibson Dunn & Crutcher); Andrea E. Neuman (Gibson Dunn & Crutcher); William E. Thomson, III (Gibson Dunn & Crutcher); William T. Marks and Kannon K. Shanmugam, Paul Weiss Rifkind Wharton & Garrison); Daniel J. Toal and Theodore V. Wells, Jr. (Paul Weiss Rifkind Wharton & Garrison); Kevin H. Marino and John D. Tortorella (Marino Tortorella & Boyle); Paul J. Fishman (Arnold & Porter Kaye Scholer); Matthew T. Heartney and John D. Lombardo (Arnold & Porter Kaye Scholer); Jonathan W. Hughes (Arnold & Porter Kaye Scholer); Nancy G. Milburn and Diana E. Reiter (Arnold & Porter Kaye Scholer); Steven M. Bauer and Margaret Tough (Latham & Watkins); Daniel R. Brody and Jameson R. Jones (Bartlit Beck); Jeffrey S. Chiesa, Michael K. Plumb, and Dennis M. Toft (Chiesa Shahinian & Giantomasi); Daniel J. Brown and Alexandra M. Joyce (McCarter & English); Steven M. Bauer (Latham & Watkins); Anthony P. Callaghan (Gibbons); Sylvia-Rebecca Gutierrez and Thomas R. Valen (Gibbons); Daniel J. Brown and Alexandra M. Joyce (McCarter & English); Margaret Tough (Latham & Watkins); Robert W. Whetzel (Richards Layton & Finger); Kathryn M. Barber and Brian D. Schmalzbach (McGuireWoods); Jeffrey M. Beyer and Anthony J. Zarillo, Jr. (Riker Danzig Scherer Hyland & Perretti); Kevin J. Mangan (Womble Bond Dickinson); Andrew G. McBride (McGuireWoods); David C. Frederick, Grace W. Knofczynski, and Daniel Severson (Kellogg Hansen Todd Figel & Frederick); Steven L. Caponi (K&L Gates); Joseph J. Bellew (White & Williams); Megan H. Berge (Baker Botts); J. Scott Janoe (Baker Botts); Tristan L. Duncan (Shook Hardy & Bacon); Daniel B. Rogers (Shook Hardy & Bacon); Michael A. Barlow (Abrams & Bayliss); Robert P. Reznick (Orrick Herrington & Sutcliffe); Shannon S. Broome and Ann M. Mortimore (Hunton Andrews Kurth); Shawn P. Regan (Hunton Andrews Kurth); Antionette D. Hubbard (Maron Marvel Bradley & Anderson); Robert E. Dunn (Eimer Stahl); Nathan P. Eimer, Pamela R. Hanebutt, and Lisa S. Meyer (Eimer Stahl); Jeffrey L. Moyer (Richards Layton & Finger); Vanessa Lavely and Kevin J. Orsini (Cravath Swaine & Moore); Joy C. Fuhr and Brian D. Schmalzbach (McGuireWoods); Christian J. Singewald (White & Williams); Michael A. Barlow (Abrams & Bayliss); Alexandra Ewing and Robert W. Whetzel (Richards Layton & Finger); Robert P. Reznick (Orrick Herrington & Sutcliffe); J. Benjamin Aguinaga (Jones Day); Noel J. Francisco and David M. Morrell (Jones Day); David C. Kiernan (Jones Day); Tracy A. Roman and Kathleen T. Sooy (Crowell & Moring); Honor R. Costello (Crowell & Moring); Michael F. Healy (Shook Hardy & Bacon); Mackenzie M. Wrobel (Duane Morris); Michael L. Fox (Duane Morris); Blake K. Rohrbacher, Alexandra Ewing, and Robert W. Whetzel (Richards Layton & Finger)
    for defendant: Jonathan S. Abady, Matthew D. Brinckerhoff, Ananda V. Burra, andMax R. Selver (Emery Celli Brinckerhoff Abady Ward & Maazel); Gerald Krovatin and Helen A. Nau (Krovatin Nau); Stephanie D. Biehl, Matthew K. Edling, Quentin C. Karpilow, and Victor M. Sher (Sher Edling); Ralph K. Durstein, III and Christian D. Wright (Office of Attorney General of Delaware); Jameson A.L. Tweedie (Delaware Department of Justice)
    Case Number: 21-2728 & 22-1096

    State Law Tort Claims Arising from Climate Change Caused by Use of Fossil Fuel Products Did Not Create Federal Question Permitting Removal to Federal Court

  • Ursinus Coll. v. Prevailing Wage Appeals Bd.

    Publication Date: 2022-08-22
    Practice Area: Government
    Industry: Construction | Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0950

    Prevailing Wage Appeals Board erred in holding petitioner's construction project was a "public work" under the Prevailing Wage Act because the economic reality of the transaction showed the project was not paid for "out of the funds" of the authority as a public body and the transaction was not a public work subject to the act. Reversed.

  • Snak v. Unemployment Comp. Bd. of Review

    Publication Date: 2022-08-22
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0947

    Board properly found claimant received a non-fault overpayment of $11, even if its reasoning was wrong, because board's error was harmless and board only ordered recoupment of the non-fault overpayment. Affirmed.

  • Pennsylvania Envt'l Defense Found. v. Commonwealth

    Publication Date: 2022-08-22
    Practice Area: Energy and Natural Resources
    Industry: Energy | State and Local Government
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0938

    Use of oil and gas lease revenues from public trust land for general operations of Department of Conservation and Natural Resources was constitutional where commonwealth could incur costs of trust administration and therefore use trust corpus to pay the costs of the agency tasked with such administration. Order of the commonwealth court affirmed as modified.