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Publication Date: 2023-09-18
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 699 C.D. 2022
Office of Open Records erred in accepting Department of Correction's assertion that no responsive records were found after a good faith search where the affidavit in support indicated a facially deficient search and the department's production of responsive documents only after litigation was filed was further evidence of bad faith requiring closer scrutiny of the department's affidavit. Order of the OOR affirmed in part and vacated and remanded in part.
Publication Date: 2023-09-04
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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for defendant:
Case Number: 452 C.D. 2022
Zoning board properly quashed and dismissed appellant's challenge to permit issued by board because Municipalities Planning Code did not authorize the board to review a permit issued pursuant to a court's mandamus order and board lacked jurisdiction to rule on appellant's appeal. Affirmed.
Publication Date: 2023-08-21
Practice Area: Employment Litigation
Industry: Food and Beverage | Manufacturing
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 904 C.D. 2022
Workers' Compensation Appeal Board erred in granting specific loss benefits petition where petition was untimely for lack of constructive notice because employee, despite knowing that his diabetic foot ulcer had been aggravated by his working conditions, failed to inform employer that his subsequent amputations were work related. Order of the WCAB reversed.
Publication Date: 2023-08-07
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1490 C.D. 2021
Claimant appealed the amount of her pandemic unemployment assistance benefit and court found Unemployment Compensation Board of Review erred in using claimant's prorated annual income to calculate her benefits rather than the actual net income in her highest quarter and violated her due process rights by failing to include all necessary documents submitted to the department in the record before the referee. Vacated and remanded.
Publication Date: 2023-07-17
Practice Area: Administrative Law
Industry: Agriculture | Consumer Products | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 104 M.D. 2023
Health department regulation requiring medical marijuana growers/processors to contract with at least two independent testing labs conflicted with Medical Marijuana Act which allowed for contracting with "one or more" labs. Petitioners' cross-application for partial summary relief granted.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-07-10
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 213 C.D. 2022
Trial court properly granted reconsideration and refused to dismiss the case for mootness where community development coalition filed a petition alleging a building met the conditions for conservatorship and city hired a contractor to demolish the building before the hearing date, authority's appeal fell squarely within rule 311(a)(2) and the subsequent remediation by the building's demolition did not dispose of the issue as to whether the conditions existed as of the petition's filing date. Motion to quash denied and order affirmed.
Publication Date: 2023-07-10
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1158 C.D. 2021
Requiring a workers' compensation claimant under Act 46 to prove exposure to a substance listed on the International Agency for Research on Cancer's Group 1 carcinogens did not change the evidentiary burden for a claimant to prove entitlement to the statutory presumption of causation even though ongoing medical research led to alterations of the Group 1 list. Order of the WCAB affirmed.
Publication Date: 2023-06-26
Practice Area: Labor Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 526 C.D. 2022
Petitioner appealed the holding it had unintentionally violated the Prevailing Wage Act and was personally financially responsible for the failure to comply with the act and court found the act did not authorize the bureau to impose penalties on public bodies who failed to comply with the act as petitioner had argued. Affirmed.
Publication Date: 2023-06-19
Practice Area: Education Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1199 C.D. 2022
School district erred in finding student was not a resident of the district where, in weighing parents' testimony explaining student's presence at mother's residence outside the district, the district improperly shifted the burden of proof to student. Order of the trial court affirmed.
Publication Date: 2023-06-19
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 293 C.D. 2022
Appellants and appellees cross-appealed the trial court's order determining that a road was no longer a public road. The court reversed.
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