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Publication Date: 2020-10-05
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 20-1079
Trial court properly found that pro se inmate's action alleging his constitutional rights were violated by DOC's confiscation of duplicates of religious material inmate had received in the mail was frivolous because inmate failed to plead sufficient facts to state a claim for violation of his first and fourteenth amendment rights. Affirmed.
Publication Date: 2020-08-17
Practice Area: Employment Litigation
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 20-0890
Board erred in finding claimant ineligible for unemployment benefits because it failed to make credibility determinations and factual findings with respect to whether claimant had refused work and committed an "extreme offense" under employer's progressive disciplinary policy. Vacated and remanded.
Publication Date: 2020-07-20
Practice Area: Criminal Law
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Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 20-0767
Trial court erred in concluding it lacked jurisdiction to entertain a motion for reconsideration on a summary appeal or a motion for reconsideration nunc pro tunc where the trial court scheduled hearing on the original motion outside the 30-day period for the trial court's ability to modify its order. Orders of the trial court vacated, case remanded.
Publication Date: 2020-07-06
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 20-0697
The Unemployment Compensation Board of Review erred in reversing a finding of claimant's financial eligibility for unemployment compensation as the evidence regarding plaintiff's stints as a canvasser and interpreter was insufficient to demonstrate her purported independent contractor status under the Unemployment Compensation Law. The commonwealth court reversed.
Publication Date: 2020-06-22
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 20-0639
Where sewer authority made good faith efforts to prevent overflow of sewage onto landowner's property, authority could not be said to have engaged in a purposeful and deliberate sewage plan under which overflows would constitute a de facto taking. Order of the trial court affirmed.
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Publication Date: 2020-06-01
Practice Area: Public Utilities
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 20-0544
The trial court did not err in holding that a joint municipal sewer authority could charge sewer tapping fees on the basis of assigning residential equivalent dwelling units and in finding that the sewer authority charged plaintiff a tapping fee in a manner consistent with the Municipality Authorities Act. The commonwealth court affirmed.
Publication Date: 2020-05-25
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 20-0522
Landowner could not rely upon a bureau clerk's allegedly mistaken advice to set aside a judicial tax sale of his property where he admitted having actual notice that the property would be sold on a date certain based on delinquent taxes. The commonwealth court affirmed.
Publication Date: 2020-05-18
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 20-0508
Trial court erred in finding that landowner's keeping of 18 pet chickens on property zoned R-1 violated the ordinance because the keeping of chickens was not commercial in nature and was not an agricultural use as defined by the ordinance. Reversed.
Publication Date: 2020-05-18
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0498
Employer, a Pennsylvania township, was not entitled to the relief sought in its petition to decertify a specific union as the bargaining representative of townshipemployees where the petition, which alleged the union was down to just one member, failed to set forth any good faith doubt of the majority status of the union. The commonwealth court affirmed.
Publication Date: 2020-03-09
Practice Area: Employment Litigation
Industry: Hospitality and Lodging
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0265
Board erred in finding that claimant voluntarily left work without necessitous and compelling reasons because claimant's work load was double the number of hours he was promised when hired, assistant who was promised when he was hired was never provided and the eight months he spent reaching out to his supervisors and human resources personnel showed he acted with ordinary common sense and reason in preserving his employment. Reversed.
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