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Publication Date: 2023-07-24
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Ceisler
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for defendant:
Case Number: 94 M.D. 2022
Subjecting sex offender with out-of-state conviction to lifetime registration for offense that in Pennsylvania carried a shorter registration period was constitutional where the state of conviction imposed lifetime registration and thus offender was not being treated dissimilarly from other sex offenders convicted in states with more stringent registration requirements. Defendant's preliminary objections sustained, petition dismissed.
Publication Date: 2023-07-24
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 433 C.D. 2021
Trial court erred when it allowed licensee to collaterally attack his underlying criminal conviction in a license suspension proceeding, trial court's role in a license suspension proceeding was limited to determining whether licensee was actually convicted and whether department acted in accordance with law in imposing the suspension and trial court erred in accepting licensee's testimony and ignoring department's documents admitted into evidence. Reversed.
Publication Date: 2023-07-17
Practice Area: Civil Rights
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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for defendant:
Case Number: 62 M.D. 2022
DOC's preliminary objections to petition challenging inmate mail regulations overruled where the objection completely missed the nature of the inmate's claims and where the inmate had sufficiently alleged facts to show he was aggrieved by the DOC's handling of inmate mail. Respondent's preliminary objections overruled.
Publication Date: 2023-07-03
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 732 C.D. 2022
Trial court properly found airport had no duty relative to conditions in an unimproved shortcut that appellants elected to take instead of using the paved and snow cleared path provided. Affirmed.
Publication Date: 2023-07-03
Practice Area: Government
Industry: Advertising | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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for defendant:
Case Number: 1305 C.D. 2021
Common pleas court erred in part in affirming board's denial of appellant's application to modernize the method of changing the copy on its advertising sign because certain provisions of the ordinance were substantively invalid and board erred in determining the modified sign would flash when in operation and thus was prohibited by the ordinance. Reversed in part and affirmed in part.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-07-03
Practice Area: Health Care Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Ceisler
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for defendant:
Case Number: 1118 C.D. 2022
Trial court abused its discretion in granting preliminary injunction where plaintiffs failed to present any concrete evidence of irreparable harm but merely offered hypothetical or speculative concerns about the effects of defendants' continued course of action. Order of the trial court reversed.
Publication Date: 2023-06-19
Practice Area: Government
Industry: State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 1090 C.D. 2022
Petitioner appealed the denial of its bid protest, where it did not complete its electronic bid in response to defendant Pennsylvania Department of General Service's invitation for bid due to technical issues with the portal, and court found DGS could not waive a mandatory requirement specified in the invitation for bid and petitioner's protest was untimely since it was a prospective bidder, not a bidder. Affirmed.
Publication Date: 2023-06-12
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 101 M.D. 2022
Court found petitioner's claims as to the calculation of his presentence credit were correct but sustained respondent Director of Classification Movement and Registration's preliminary objections as to respondent's duty to provide petitioner with the relief he sought. Preliminary objections sustained in part and denied in part.
Publication Date: 2023-06-12
Practice Area: Employment Litigation
Industry: Food and Beverage
Court: Commonwealth Court
Judge: Judge Ceisler
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for defendant:
Case Number: 971 C.D. 2021
Board erred in finding claimant's petition against fund was barred by retroactive application of amended §1603(b) because claimant's receipt of payments in lieu of compensation constituted compensation "paid or awarded" under §4(2) of the Workers' Compensation Act and fund was secondarily liable for claimant's claim. Reversed in part and affirmed in part.
Publication Date: 2023-05-29
Practice Area: Environmental Law
Industry: Chemicals and Materials | Manufacturing | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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for defendant:
Case Number: 1338 C.D. 2021
Lead Certification Act did not implicitly declare lead paint a public nuisance and municipality's declaratory judgment action against manufacturers failed due to the municipality's inability to sufficiently plead proximate causation. Order of the trial court reversed, case remanded.
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