• Pennsylvania Physical Therapy Ass'n v. Oleksiak

    Publication Date: 2021-11-01
    Practice Area: Health Care Law
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1265

    Providers appealed department's holding that CMS's revision to the codes for physical therapy evaluations constituted "new codes" within the meaning of 34 Pa. Code §127.153(c) and court found the "new codes" were modifications or adjustments and should have been incorporated into department's existing fee schedule. Reversed and remanded.

  • In re: Condemnation by the Commonwealth

    Publication Date: 2021-10-25
    Practice Area: Real Estate
    Industry: Hospitality and Lodging | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1230

    Jury erred in awarding verdict in line with public agency's expert's valuation opinion where the expert erred in concluding what data could not be used for a fair market valuation and assumed facts directly opposed to the uncontroverted evidence offered by condemnee. Order of the trial court reversed, case remanded for new trial.

  • In re: Lehigh County Tax Claim Bureau Upset Sale

    Publication Date: 2021-10-04
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1134

    Trial court properly set aside the tax sale of owner's property where tax claim bureau admitted it could not prove owner received statutory notice of the sale and purchasers' argument that they were indispensable parties failed because there was no language in the tax sale law to support the claim they were indispensable parties to the proceeding to set aside the tax sale of a property for which they were the successful bidders. Affirmed.

  • Brown v. City of Oil City

    Publication Date: 2021-09-20
    Practice Area: Personal Injury
    Industry: Construction | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1077

    Trial court erred in granting summary judgment in favor of contractor and subcontractor in executor's slip and fall action and failed to apply the proper standard of liability for contractors who, on behalf of the possessor of land, created a condition that caused harm after the work had been accepted by the possessor. Reversed.

  • McKernan v. Bureau of Prof'l & Occupational Affairs

    Publication Date: 2021-08-30
    Practice Area: Administrative Law
    Industry: Accounting | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0997

    Accountancy board erred and abused its discretion in concluding petitioner did not demonstrate present good moral character in his action for reinstatement of his CPA license and board erred in focusing on his decade-old conviction and disregarding reliable evidence of his rehabilitation. Vacated.

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  • Wexford Science & Tech., LLC v. Zoning Bd. of Adjustment

    Publication Date: 2021-08-16
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0928

    Property developer moved to quash proposed intervenors' appeal of trial court's denial of their motion to intervene in land use appeal and court found the order denying intervention was appealable under Pa.R.A.P. 313 and remanded for an evidentiary hearing on whether community organization adequately represented proposed intervenors and whether petitioners unduly delayed in seeking intervention. Motion denied, order vacated.

  • Mountz v. Columbia Borough

    Publication Date: 2021-07-26
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0843

    Trial court properly found borough's environmental assessment reports were exempt, under §708(b)(22)(i)(A) of the Right-to-Know Law, from disclosure as relating to a potential acquisition because while real property purchase need not be finalized, the parties had to be past the point in time that the sales agreement could be avoided without penalty to the buyer. Affirmed.

  • In re Penn Treaty Network Am. Ins. Co. (In Liquidation)

    Publication Date: 2021-07-26
    Practice Area: Insurance Law
    Industry: Insurance | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0847

    Insurance commissioner applied for a declaration, under art. V of the Insurance Department Act, that she was authorized to allocate assets from the liquidated long-term care insurance companies' estates to pay policyholder claims for benefits that exceeded applicable statutory guaranty association limits and which accrued more than 30 days after the companies' policies were terminated by virtue of the companies' liquidation, and court found liquidator's proposal to assign policyholders a share of the assets in addition to guaranty ass

  • Stewart v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-07-19
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0818

    Workers' compensation board erred in holding claimant's compensation claim was barred under the coming and going rule because claimant satisfied the three-prong test in Workmen's Compensation Appeal Bd. v. U.S. Steel Corp., 376 A.2d 271, to show he sustained injury in the course of his employment. Reversed.

  • Hempfield Area Sch. Dist. v. Westmoreland County Bd. of Assessment Appeals

    Publication Date: 2021-07-12
    Practice Area: Tax
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0784

    Trial court properly dismissed school district's appeal of the tax assessment for taxpayers' property because district failed to comply with local rules regarding service and scheduling of a status conference, district was given "notice of the proposed" dismissal and an opportunity to respond and explain its reasons but took no action to protect its appeal. Affirmed.