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Publication Date: 2022-05-02
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 22-0478
Department of Corrections filed preliminary objections in plaintiff's eighth amendment and Americans with Disabilities Act action seeking the right to receive medication-assisted treatment for his opioid addiction while incarcerated and court found inmate raised a sufficient question under the eighth amendment to survive preliminary objections and it was conceivable inmate could establish he was denied the benefit of a health service by a public entity by reason of his disability. Preliminary objections overruled.
Publication Date: 2022-05-02
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0483
Ex parte communications between Right-to-Know Law appeals officers appointed from within the agency and agency officials constituted an improper form of communication due to appeals officers' quasi-judicial function, and therefore the communications could not qualify as internal, predecisional deliberations. Final determination of the Office of Attorney General appeal officer reversed.
Publication Date: 2022-03-21
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 22-0304
Municipal-created authority's execution of an asset purchase agreement to sell its assets did not preclude the municipality's unilateral power under the Municipal Authorities Act to order the authority's dissolution, which presupposed that the municipality would assume the authority's assets and obligations. Order of the trial court reversed.
Publication Date: 2022-02-28
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 22-0217
Uniform Firearms Act prohibited local ordinance imposing fines for failing to timely report lost or stolen firearms, where regulation of firearms was the sole province of the state legislature and where the municipality had a nearly identical ordinance previously struck down. Order of the trial court reversed, case remanded.
Publication Date: 2022-02-28
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 22-0228
The court held that the school district's decision to enter into an agreement with a college was not one that was subject to collective bargaining but was a matter falling within the managerial prerogative of the school district. As such, it was not a violation of the Public Employee Relations Act. Pennsylvania Labor Relations board decision reversed.
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Publication Date: 2022-01-31
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0103
Bureau of driver licensing appealed trial court's finding that licensee did not knowingly and consciously refuse to submit to a chemical test due to his inability to understand English and court found trial court's findings of fact were supported by substantial evidence and licensee's inability to understand form DL-26B prevented him from understanding the consequences of refusing to submit to testing. Affirmed.
Publication Date: 2022-01-31
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
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Case Number: 22-0097
Plaintiffs appealed trial court's finding that their §1983 action regarding "fair share fees" was moot based on Janus v. AFSCME, 138 S.Ct. 2448, and court found trial court expressly reserved jurisdiction to decide if plaintiffs were entitled to attorney fees as "prevailing parties" pursuant to §1988 and it should be afforded the opportunity to adjudicate that issue. Reversed and remanded.
Publication Date: 2021-12-13
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
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Case Number: 21-1436
Appellant appealed zoning board order that he rebuild sidewalk and stair he removed in violation of his accessory structure permit and court found he deliberately violated the provisions of the permit and wrongfully infringed on the property right of his neighbor. Affirmed.
Publication Date: 2021-11-22
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1356
Police officers were entitled to due process to challenge their placement on list for officers not to be called to testify in criminal trials due to prior allegations of misconduct, as placement on the list injured right of reputation. Order of the trial court affirmed in part and vacated and remanded in part.
Publication Date: 2021-11-22
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 21-1353
Parole board did not err in declining to award any credit for time spent at liberty on parole where parolee had committed murder while on parole. Order of the parole board affirmed.
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