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Publication Date: 2020-06-15
Practice Area: Education Law
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 20-0621
Petitioner independent school district challenged board's denial of its application to transfer to a different school district and court found board erred in its evaluation of the standards for the organization of school districts in the school code and board regulations. Reversed and remanded.
Publication Date: 2020-06-15
Practice Area: Employment Litigation
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Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 20-0615
Unemployment compensation board of review correctly found that claimant voluntarily terminated his employment without a necessitous and compelling reason and failed to report all his earnings because claimant offered no objective evidence that his conditions of employment were unsafe, either for himself or the children served by employer, and his argument he did not expect to be paid for his training time was belied by his written offer of employment. Affirmed.
Publication Date: 2020-05-18
Practice Area: Employment Litigation
Industry: Health Care | Recruitment and Staffing
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 20-0507
Department moved for summary relief in plaintiff doctor'saction asserting department violated the Whistleblower Act and Medical Care Availability and Reduction of Error Act by retaliating against him for complaints about substandard medical care in a veteran's facility and court found department took an adverse employment action by canceling contract and stripping doctor of his title and income as medical director but plaintiff conceded he could not show department interfered with his prospective employment at another facility. Motion
Publication Date: 2020-05-04
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 20-0461
Appellant appealed board's calculation of her "average monthly compensation" for her retirement benefit arguing her lump-sum compensatory time payment ought to be included in the calculation and court held board did not err in determining §1712(a)(1) of the second class county code prohibited board from including the payment because appellant "received" the payment at the time it became available for her to use as time off from work and was logged before the averaging period. Affirmed.
Publication Date: 2020-01-20
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 20-0035
Where claimant, a long-term firefighter, offered proof that his lung cancer was one type of cancer caused by exposure to a known carcinogen recognized as a group 1 carcinogen, he was entitled to the presumption in §301(f) Workers' Compensation Act and thus relieved of the need to prove that his workplace exposure, not another cause, was the actual and specific cause of his cancer. The commonwealth court reversed and awarded benefits.
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Publication Date: 2020-01-20
Practice Area: Tax
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 20-0040
Trial court erred in ruling that tax sale bid was grossly inadequate where fair market value of property was exceeded by outstanding municipal liens, meaning that prior owner had no remaining equity and would not be pursued by city for the outstanding balance. Order of the trial court reversed.
Publication Date: 2020-01-20
Practice Area: Employment Litigation | Entertainment and Sports Law
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Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 20-0046
Employer asserted board erred in calculating claimant professional football player's salary pursuant to §309(c) of the act because claimant was seasonal player and court found the terms of claimant's contract indicated his wages were fixed by the year since contract also made clear he received a yearly salary in exchange for performance of all obligations, including media appearances not limited to the regular football season. Affirmed.
Publication Date: 2019-12-30
Practice Area: Criminal Law
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Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 19-1503
Department and attorney general filed preliminary objections to inmate's petition for mandamus over his placement in the special management unit and court dismissed attorney general as a party to the action and found neither DC-ADM 802 nor any other regulations created a right for inmate or duties for department. Objections sustained.
Publication Date: 2019-12-02
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 19-1405
Petitioner sought declaratory and injunctive relief, asserting Department of Corrections removed inmates from their job assignments using DC-ADM 816 as a means to bypass the hearing requirements in DOC's regulations and court found DOC failed to follow the procedure for the informal resolution process under DC-ADM 801 and denied petitioner the process he was due under 37 Pa. Code §93.10(b). Petition granted.
Publication Date: 2019-11-18
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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for defendant:
Case Number: 19-1356
Conviction for second DUI offense, entered prior to a conviction on a first DUI offense that itself was entered due to failure to complete Accelerated Rehabilitative Disposition due to the second DUI, constituted a prior offense that rendered a licensee ineligible for the exception to license suspension for a lowest impairment DUI offense. Order of the trial court reversed.
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