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  • Best Courier v. Dep't of Labor & Industry

    Publication Date: 2019-11-04
    Practice Area: Administrative Law
    Industry: Cargo and Shipping | Transportation
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1291

    Respondent was not entitled to nunc pro tunc relief on its untimely petition for reassessment of unemployment compensation taxes where the company received timely notice of the assessment at one of its offices and offered no evidence that it made arrangements to monitor mail received there, despite knowing the office was not staffed daily. The appellate court affirmed.

  • Pennsylvania AFL-CIO v. Commonwealth of Pennsylvania

    Publication Date: 2019-10-21
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1229

    The general assembly did not delegate its legislative authority when it enacted §306(a.3) of Pennsylvania's Workers' Compensation Act, but adopted existing standards as its own in the exercise of its power to legislate; therefore, petitioner failed to state a legally sufficient claim for declaratory or injunctive relief in its challenge to the statute. The court sustained respondents' preliminary objections.

  • Miles v. FOP Lodge No. 5

    Publication Date: 2019-09-16
    Practice Area: Dispute Resolution
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1095

    Plaintiff employee had standing to pursue an appeal from an unfavorable arbitration decision following a grievance filed by her union where the union withdrew its appearance and did not participate in any legal decisions in the arbitration due to a perceived conflict of interest with plaintiff. The court of common pleas vacated and remanded.

  • Farlow v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2019-08-26
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0996

    Parole violator not entitled to credit for time served on parole board's warrant where credit was correctly allocated to parolee's sentence arising from new criminal charges. Order of the board of probation and parole affirmed.

  • Perrotta v. Commonwealth

    Publication Date: 2019-08-26
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1004

    Trial court did not err in granting licensee's appeal of the denial of his application for an ignition interlock and non-commercial learner's permit because department did not meet its burden to permanently deny licensee's operating privileges under § 1503(a)(8) but trial court erred in ordering department to grant the license because that exceeded its authority. Affirmed in part and vacated in part.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Sadler v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-06-10
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0638

    Workers' compensation appeal board erred in denying claimant's petition asserting his AWW was miscalculated because it did not include his overtime and erred in granting employer's suspension petition because claimant was not "incarcerated after a conviction" when he was incarcerated before his conviction when he could not make bail. Reversed, vacated and remanded.

  • Amalgamated Transit Union Local 1279 v. Pennsylvania Labor Relations Bd.

    Publication Date: 2019-05-20
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0579

    The Pennsylvania Labor Relations Board did not commit an error of law when it concluded that an employee's protected union activity was not proximate in time sufficient to infer anti-union animus as a motive for her termination. The appellate court affirmed a decision of the Pennsylvania Labor Relations Board.

  • Walker v. Dept. of Transp.

    Publication Date: 2019-05-20
    Practice Area: Administrative Law
    Industry: Automotive
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0568

    Trial court properly found that the order of suspension did not provide adequate notice and satisfy due process in department's action to suspend licensee's emission inspection license because the order did not provide a date or place for the alleged actions, did not include a citation to the specific statutory or regulatory provisions prohibiting the conduct in question and did not reference the 5000-mile exemption sticker issue raised at trial. Affirmed.

  • Finnerty v. Pennsylvania Dept. of Cmty. & Econ. Dev.

    Publication Date: 2019-05-13
    Practice Area: Public Records
    Industry: Consulting | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0555

    Public records withheld under the internal, predecisional deliberation exception to the RTKL where such records qualified as "internal records" because they were shared with private contractors engaged by a public agency to fulfill the agency's legislative purposes. Order of the Office of Open Records affirmed.

  • Mid-Atl. Sys. of WPA, Inc. v. The Tax Office of the Municipality of Monroeville

    Publication Date: 2019-03-18
    Practice Area: Administrative Law | Tax
    Industry: Construction | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0293

    Municipal business privilege tax was not preempted by Home Improvement Consumer Protection Act where it merely preempted regulation of home improvement contractors and where HICPA's registration fee was not a true license fee, such that a municipality still could impose a tax on the general privilege of doing business within the municipality. Order of the trial court affirmed.