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Publication Date: 2022-06-06
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0634
Commission properly denied petitioner's siting application for high-voltage transmission lines and rescinded its provisional certificate of public convenience for an electrical transmission project and court found commission decision was in accordance with Pennsylvania law and §§1501 and 2805(a) of the code, commission could evaluate the need for the project independently of the need for the Independence Energy Connection project that had been performed by a LLC and commission's decision was supported by substantial, credible evidence
Publication Date: 2022-04-18
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 22-0422
Trial court erred in dismissing Pennsylvania Department of Transportation's motion for possession because the order was an appealable, collateral order, DOT established its right of possession by paying the condemnees the estimated just compensation and the federal residential eviction halt was inapplicable to commercial property. Reversed.
Publication Date: 2022-04-11
Practice Area: Employment Litigation
Industry: Construction
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 22-0389
Board did not err in affirming workers' compensation judge's conclusion that employer's contest of claimants' claim was unreasonable because employer lacked any medical evidence to support its denial of liability when it issued the denial and the award of unreasonable contest attorney fees was proper. Affirmed.
Publication Date: 2022-04-04
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 22-0361
Board erred in denying unemployment benefits based on claimant's alleged conscious intent to quit and court found claimant made necessary and reasonable efforts to preserve his employment by remaining in contact with employer, attempting to obtain Family and Medical Leave Act paperwork in multiple formats and complete it and conditions outside claimant's control caused many of the difficulties in getting the FMLA paperwork to his physician. Reversed.
Publication Date: 2022-03-07
Practice Area: Labor Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 22-0254
Review petition to allege additional injuries properly denied where Workers' Compensation Judge did not credit claimant's testimony but credited medical testimony opining that any aggravation of claimant's injury had resolved. Order of the Workers' Compensation Appeal Board affirmed.
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Publication Date: 2021-12-20
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-1475
Petitioner moved for summary relief in his challenge to the deduction of fees and costs from his inmate account after he received a $15,000 settlement payment and court found all the deductions were proper except for one $500 restitution order which required remand. Motion denied.
Publication Date: 2021-12-20
Practice Area: Public Records
Industry: Education | Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-1464
Pennsylvania Interscholastic Athletic Association was a public entity subject to the Right-to-Know Law where its board included public education officials and the association received its funding through membership dues paid by taxpayer-funded public schools and school districts. Order of the Office of Open Records affirmed as modified.
Publication Date: 2021-11-29
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-1389
WCJ's finding that employee had been subjected to non-consensual sex at work merely constituted finding of abnormal working conditions for workers' compensation claim and did not constitute legal finding of criminal conduct in violation of the purported offender's due process rights. Order of the WCAB affirmed.
Publication Date: 2021-11-22
Practice Area: Public Records
Industry: Non-Profit | State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 21-1360
Requesters appealed Office of Open Records' upholding department of health's denial of part of requester's Right-to-Know Law request and court found the 2019 and 2020 information requesters sought was still in its raw form and not yet available for public access and the Vital Statistics Law's confidentiality provisions strictly prohibited department from disclosing raw data to requesters. Affirmed.
Publication Date: 2021-11-01
Practice Area: Tax
Industry: Construction
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-1269
Court correctly determined that materials used to support a traffic signal device constituted "building machinery and equipment" exempt from use tax based on commonly accepted methods of statutory construction to define the terms "traffic signal" and "signal." Commonwealth's exceptions overruled.
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