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Publication Date: 2018-11-20
Practice Area: Constitutional Law | Tax
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 18-1385
The personal income tax at issue withstood taxpayers' dormant commerce clause challenge where the taxable event was the disposition of a commercial property in Pittsburgh through foreclosure and the resulting tax was applied to an activity with a substantial nexus to Pennsylvania. The commonwealth court affirmed a Board of Finance and Revenue decision.
Publication Date: 2018-11-13
Practice Area: Dispute Resolution
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 18-1360
Trial court erred in vacating an arbitration award reinstating terminated police officer because while officer was currently unable to perform the duties of the position without placing himself and plaintiff in a position to violate the law, since officer's access to state information systems had been permanently revoked, officer might have administrative remedies that might allow him to seek reinstatement of his access to the systems. Vacated.
Publication Date: 2018-10-30
Practice Area: Contracts | Government | Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 18-1293
Employees of nonunion construction company lacked standing to object to project labor agreement requirement in bid solicitation because their employer never bid on, won, or assigned employees to the project to render them aggrieved parties, nor did they qualify for taxpayer standing. Respondents' preliminary objections sustained.
Publication Date: 2018-09-25
Practice Area: Administrative Law | Environmental Law
Industry: Mining and Resources | State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 18-1113
The board properly determined that contaminates continued to infiltrate the groundwater beneath plaintiff's impoundment pit on a daily basis after the date on which plaintiff completely emptied the impoundment and properly found that plaintiff acted recklessly with regard to the design and construction of the pit and its investigation and response to the release in plaintiff's challenge to its civil penalty for violating the clean streams law. Affirmed.
Publication Date: 2018-08-14
Practice Area: Whistleblower Laws
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 18-0895
Trial court did not err in dismissing juvenile probation officer's whistleblower suit alleging he was terminated in retaliation for reporting wrongdoing in referring juveniles to a resource facility because the whistleblower law did not apply to the judiciary, sovereign immunity barred his public policy exception claim grounded in common law and he failed to allege sufficient facts to show that the individual defendants were acting outside the scope of their employment. Affirmed.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2018-07-03
Practice Area: Employment Litigation
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 18-0734
The State Civil Service Commission erred in holding that a public employee's speech on Facebook about an allegedly unsafe school bus driver did not touch on matters of public concern, as the controversial nature of her statements was irrelevant to whether they dealt with a matter of public concern. The appellate court reversed and remanded.
Publication Date: 2018-05-29
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 18-0629
Search warrant to search for any game or wildlife parts overbroad where affidavit in support of probable cause referred solely to the unreported killing of a particular deer and retention of its parts in violation of the Game and Wildlife Code. Order of the trial court reversed, judgment of sentence vacated, case remanded.
Publication Date: 2018-05-15
Practice Area: Civil Procedure | Land Use and Planning
Industry: Energy | Non-Profit
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 18-0563
The trial court lacked subject matter jurisdiction to hear plaintiffs' challenges to defendant's use of eminent domain to construct two natural gas liquid pipelines since the Eminent Domain Code provided the exclusive procedure for challenging defendant's power and right to condemn property under the state and federal constitutions. The court reversed and remanded in part.
Publication Date: 2018-04-24
Practice Area: Administrative Law
Industry: Entertainment and Leisure
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 18-0484
The commission erred as a matter of law in addressing the merits of horse owners appeal after already concluding that the stewards did not abuse their discretion in refusing to disqualify the wining horse because the commission abused its discretion and should have ended its inquiry when it determined that the stewards properly exercised their discretion. Reversed.
Publication Date: 2018-04-17
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
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Case Number: 18-0447
Adverse possession claim could be brought against property of a political subdivision not held for public purpose or at the direction of the commonwealth in furtherance of the subdivisions constitutional obligations. Order of the trial court reversed, case remanded.
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