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Publication Date: 2021-03-29
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: XXXXXX
Claimant's lack of negligence in not timely receiving notices of determination and taking prompt action to contact department after learning of facts that would indicate the existence of the notices warranted allowing him to proceed with an appeal nunc pro tunc. Decision of the UBCR vacated, case remanded.
Publication Date: 2021-03-29
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0335
The Unemployment Compensation Board of Review erred in holding claimant liable for fault overpayment of benefits that had been fraudulently obtained by claimant's daughter, who had used claimant's personal information that she previously had access to in helping claimant file prior UC applications online. Order of the UCBR reversed.
Publication Date: 2021-03-29
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0343
Petitioner was entitled to mandamus relief because prior registration discharge order established he had satisfied his sex offender registration requirements and was discharged from any further responsibility to register as a sex offender in Pennsylvania. Application granted.
Publication Date: 2021-03-22
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0308
Trial court erred in denying appellants' petition to open or strike a default judgment entered in favor of city because an evidentiary hearing was needed to resolve factual disputes as to when appellants discovered the entry of default and as to the propriety of the service of process. Vacated.
Publication Date: 2021-03-22
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0298
The Megan's Law Section of the Pennsylvania State Police erred in finding that petitioner's sexual assault conviction under the Uniform Code of Military Justice was comparable to a conviction under §3124.1 of state's Crimes Code, thereby classifying him as a Tier III sex offender, as the offenses involved distinguishable mens rea elements. The commonwealth court reversed.
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Publication Date: 2021-03-15
Practice Area: Employment Litigation
Industry: Education
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0282
Board properly found claimant unqualified for unemployment compensation because he voluntarily left for personal reasons where claimant was expected to return to work from medical leave but did not file for long-term medical disability, apply for a different position, provide medical documentation certifying his ongoing medical condition or even respond to employer's email and instead, resigned. Affirmed.
Publication Date: 2021-03-08
Practice Area: Public Records
Industry: Legal Services | State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0251
Because judicial appointees were neither hired nor overseen by the governor or a commonwealth agency, they did not qualify as agency employees whose applications were exempt from disclosure under the Right-to-Know Law; however, they were still entitled to notice of production and opportunity to be heard under the constitutional right of privacy. Order of the OOR affirmed in part and vacated and remanded in part.
Publication Date: 2021-02-22
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0198
Trial court properly found that borough did not breach police chief's employment contract when it terminated him and since he was hired outside the civil service process, court could not extend the protections of 8 Pa.C.S.§1190(a) to chief under the guise of "public policy." Affirmed.
Publication Date: 2021-01-18
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0044
Common pleas court erred in finding objectors to an upset tax sale were equitable owners of the property without an evidentiary hearing where objectors argued prior owner did not receive notice of the upset tax sale and tax sale purchaser was denied the opportunity to produce evidence of notice to the prior owner. Vacated and remanded.
Publication Date: 2020-12-28
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1410
Prior arbitration award between the parties concerned distinct legal issues and therefore did not have binding precedential value in present grievance arbitration, such that arbitrator's decision grounded in the terms of the parties' CBA was upheld. Arbitration award affirmed.
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