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Publication Date: 2021-10-18
Practice Area: Criminal Law
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Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-1207
Board filed preliminary objections to inmate's mandamus action over board's repeated denial of parole and court found inmate stated viable claims in mandamus for violation of the ex post fact prohibitions and for a violation of substantive due process based on board's alleged failure to consider the statutory standards for denying parole. Preliminary objections overruled.
Publication Date: 2021-08-09
Practice Area: Criminal Law
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Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-0910
Suppression motion could be filed in action for return of seized property to enable property owners to preclude the commonwealth's use of inadmissible evidence to obtain forfeiture. Order of the trial court vacated, case remanded.
Publication Date: 2021-07-19
Practice Area: Education Law
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Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-0812
Commission properly found petitioner committed a crime of moral turpitude and directed department to revoke his teaching certificate and eligibility to be employed as an educator and commission did not err by considering the specific charge in the indictment to which petitioner pled guilty, substantial evidence existed for commission to find petitioner pled guilty to the defraud clause of 18 U.S.C. §371 and commission did not err in determining conspiracy to defraud the United States was a crime of moral turpitude. Affirmed.
Publication Date: 2021-07-12
Practice Area: Securities Litigation
Industry: Food and Beverage | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-0792
Minority shareholder who held director and officer positions and directed company finances properly found to have "control" and therefore qualified as an affiliate personally liable for company's securities violations. Order of the Pennsylvania Banking and Securities Commission affirmed in part and reversed in part.
Publication Date: 2021-07-05
Practice Area: Discovery
Industry: State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-0755
The trial court properly reversed two determinations of the Office of Open Records where the Allegheny County District Attorney's Office demonstrated that the release of certain law enforcement surveillance camera network system information would pose a security risk and, thus, should be excluded under the public safety and infrastructure security exceptions to the Right-to-Know Law. The commonwealth court affirmed.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2021-06-21
Practice Area: Civil Rights
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Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-0712
Commission erred in finding school district's use of Native American imagery and logos was harmful to non-Native American students by creating impermissible stereotypes because since commission dismissed the claims alleging harm to Native American students, there was no predicate under §5(i)(l) to sustain the claims for harm to non-Native American students. Reversed.
Publication Date: 2021-06-14
Practice Area: Trusts and Estates
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-0664
The trial court erred in finding that a 35-year old restrictive covenant prohibited the sale of certain lots held by a living trust until the installation of proposed roadways and storm water management improvements, as the most reasonable interpretation of the covenant was that the trust could transfer the lots as part of the entire parcel without first building new roads. The commonwealth court reversed.
Publication Date: 2021-06-07
Practice Area: Employment Litigation
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-0631
Board properly granted claimant's fatal claim petition after decedent's suicide following his work-related back injury because there was substantial evidence in the record that decedent's mental health declined as a result of a physical work injury to his back and claimant satisfied the chain-of-causation test. Affirmed.
Publication Date: 2021-06-07
Practice Area: Criminal Law
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Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-0627
Petitioner, convicted in New York and ordered to register for life as a sex offender in New York, sought summary relief from act 10 and court found his registration requirements had not been completed in New York, he was not entitled to relief under 42 Pa. C.S. §9799.54(a)(4) and since T.S. v. Pennsylvania State Police, 231 A.3d 103, had been overturned by the supreme court, that case could not provide a basis for summary relief. Application denied.
Publication Date: 2021-05-24
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-0580
Property owner alleged she never received notice of the judicial sale of her property for nonpayment of taxes and court found bureau did not comply with its obligations under the law's notice requirements which left court of common pleas without jurisdiction to direct judicial sale of the property. Reversed.
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