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Publication Date: 2021-03-01
Practice Area: Environmental Law
Industry: Energy | Non-Profit
Court: Commonwealth Court
Judge: Judge Wojcik
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for defendant:
Case Number: 21-0214
Given the Environmental Hearing Board's broad discretion to adopt standards with which to evaluate applications for costs and fees, the Board was entirely within its discretion to apply a bad faith standard in deciding whether or not to impose fees and costs upon a private party permittee. The commonwealth court affirmed.
Publication Date: 2020-08-17
Practice Area: Administrative Law
Industry: Cargo and Shipping | Insurance
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 20-0879
While the Workers' Compensation Appeal Board erred in holding that claimant was entitled to benefits under two statutes providing exclusive remedies, the plaintiff insurer was not entitled to subrogation under §319 of the Workers' Compensation Act against its own insured. The commonwealth court affirmed.
Publication Date: 2020-07-27
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 20-0794
Claimant appealed referee's finding she was ineligible for benefits because she chose to resign, board chairman recused himself due to a conflict of interest which left board without a quorum and board issued an order stating referee's decision would stand as final and court found the law of necessity required board to determine the merits of claimant's appeal. Vacated and remanded.
Publication Date: 2020-07-27
Practice Area: Contracts
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 20-0781
A board of commissioners' failure to comply with Sunshine Actrequirements regarding official actions did not warrant the automatic nullification of a settlement of several land use appeals since invalidation of an official action taken in violation of the Act is discretionary and would result in an injustice in this case. The commonwealth court affirmed.
Publication Date: 2020-06-01
Practice Area: Energy and Natural Resources
Industry: Energy
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 20-0558
Petitioner challenged PUC regulations pertaining to net metering and court found PUC acted beyond its grant of legislative rule-making authority in its definitions of "customer-generator," "utility" and "virtual meter aggregation" in 52 Pa. Code §§75.1, 75.12 and 75.13(a)(1) but its regulations under §§75.13(a)(5), 75.16 and 75.17 were within its grant of authority and were reasonable. Motion granted in part and denied in part.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2019-12-16
Practice Area: Constitutional Law | Tax
Industry: Automotive | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 19-1443
Flat-dollar cap on net loss carryover deduction severed and struck from tax code where it violated Uniformity Clause of Pennsylvania constitution. Order of the Board of Finance and Revenue reversed and remanded.
Publication Date: 2019-12-02
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 19-1397
Petition to expunge record of child abuse erroneously denied where ALJ did not cite substantial proof to find that injury to child "was more than the regrettable result of corporal punishment" based upon medical determinations outside ALJ's expertise. Order of the Bureau of Hearings and Appeals reversed.
Publication Date: 2019-08-26
Practice Area: Government
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 19-1005
City appealed trial court's entry of declaratory judgment in favor of residents in their challenge to city's recycling program fee and court found trial court erred in not including leaf and yard waste collection costs, prior year's deficits or anticipated program costs in its calculations. Affirmed in part, vacated in part and remanded.
Publication Date: 2019-08-12
Practice Area: Energy and Natural Resources
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 19-0919
Court granted commonwealth's application for summary relief and concluded §§1604-E and 1605-E of the fiscal code and §1912 of the supplemental general appropriations act of 2009 were not facially unconstitutional because one third of the bonus and rental payments were not part of the corpus trust established by art. I, §27 of the Pennsylvania constitution and could be appropriated for general fund purposes. Application granted.
Publication Date: 2019-08-05
Practice Area: Public Records
Industry: Food and Beverage
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 19-0909
Office of Open Records erred in concluding that public interest in oversight of PLCB outweighed license and permit applicants' constitutional privacy interest in their home address information. Final determination of the Office of Open Records affirmed in part and reversed in part.
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