• Gibson v. Mason

    Publication Date: 2024-01-08
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1275 C.D. 2022

    Trial court erred in denying inmate's in forma pauperis petition and holding his claims were frivolous because inmate's complaint was timely, he did not have to comply with the statutory notice provision in 42 Pa. C.S. §5522(a)(1) and factual development was needed to determine if correction officers' alleged actions were within the scope of their employment so as to entitle them to sovereign immunity. Reversed.

  • Commonwealth v. Markle

    Publication Date: 2024-01-08
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 481 C.D. 2022

    Municipality could not pursue zoning ordinance violation enforcement action where notice of violation failed to advise landowner of their right to appeal to the township zoning hearing board or the deadline by which the appeal had to be filed. Order of the trial court vacated and remanded for dismissal.

  • In re: Petition of the Bd. of Sch. Dir of the Hatboro-Horsham Sch. Dist. for the Sale of Real Prop.

    Publication Date: 2023-12-25
    Practice Area: Government
    Industry: Education | Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1001 C.D. 2022

    Trial court was entitled to credit expert appraisers' opinions where there was no minimum number of sales the appraisers had to review and the appraisers were not required to suggest a value that could be obtained at public sale to compare to the private sale price. Order of the trial court affirmed.

  • Crane v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-10-23
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1301 C.D. 2021

    Unemployment Compensation Board of Review erred in denying claimant's application for unemployment compensation benefits where the board's factual findings were unsupported by the uncontroverted facts in the record. Order of the UCBR reversed.

  • Cairns v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-10-23
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 336 C.D. 2022

    Claimant petitioned pro se from respondent Unemployment Compensation Board of Review's decision affirming as modified a referee's decision denying benefits for a four-week period in 2020. The court vacated and remanded for further proceedings where the Board's findings of fact were ambiguous as to claimant's status as a per diem or long-term substitute teacher, which in turn informed the question whether respondent's most recent employment offer represented a substantial reduction in wages and hours.

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  • Quiah v. The Devereux Found. Inc.

    Publication Date: 2023-10-02
    Practice Area: Personal Injury
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 408 C.D. 2021

    Trial court properly dismissed plaintiff's amended complaint asserting malicious prosecution and abuse of process claims because plaintiff's first complaint did not effect a transfer from federal court pursuant to 42 Pa.C.S. §5103(b) and by the time she filed her amended complaint with the certified transcript, the statute of limitations had run. Affirmed.

  • O'Leary v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-08-28
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 775 C.D. 2022

    Court reversed board's determination that claimant was ineligible for benefits based on a pattern of tardiness and absenteeism because claimant's only absence after he was issued a written warning of termination for further incidents was an absence justified by illness. Reversed.

  • Harris v. Burgmann

    Publication Date: 2023-07-17
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 169 C.D. 2022

    Successor trial judge erred in granting defendants JNOV based on purported inconsistent jury verdict where judge did not observe the trial and usurped the jury's role as factfinder by making inferences against plaintiffs despite the jury's verdict in their favor. Order of the trial court reversed.

  • Downs Racing, L.P. v. Luzerne County

    Publication Date: 2023-06-19
    Practice Area: Tax
    Industry: Entertainment and Leisure | Hospitality and Lodging
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 942 C.D. 2021

    Convention authority lacked standing to join taxpayer's appeal challenging the imposition of hotel room taxes on complimentary rooms, as authority's right and interest to tax revenues was not essential to the merits of the case. County's motion to quash appeal denied, order of the trial court reversed, case remanded.

  • In re: Condemnation by the City of Nanticoke

    Publication Date: 2023-04-10
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1426 C.D. 2021

    Condemnees argued trial court erred in dismissing their objections to declarations of taking and court found its consideration of the appeal was impeded by the lack of specific findings of fact in the record and the matter had to be remanded to address issues as to how authority actually planned to use the properties and to whom the primary benefits would accrue. Vacated and remanded.