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  • Eastern Univ. Acad. Charter Sch. v. Sch. Dist. of Philadelphia

    Publication Date: 2022-01-10
    Practice Area: Education Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0000

    Commonwealth court properly affirmed board's decision to uphold school district's decision not to renew appellant's charter school charter because 24 P.S. §1729-A(a), when read in concert with the charter school law as a whole, set forth no deadline by which a school district had to complete the process for declining to renew a charter. Affirmed.

  • Lorino v. Workers' Comp. Appeal Bd.

    Publication Date: 2022-01-10
    Practice Area: Employment Litigation
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0007

    Commonwealth court erred in interpreting §440 to require a per se disqualification of an award of claimant's attorney fees where the employer established a reasonable basis for its contest because that interpretation was contrary to the plain language of the statute. Reversed.

  • Quigley v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-12-13
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1430

    Claimant appealed board's reversal of her eligibility for unemployment compensation and court found board erred in sua sponte deciding the issue and in not giving claimant a hearing on the issue. Reversed.

  • Greenwood Gaming & Ent., Inc. v. Commonwealth

    Publication Date: 2021-12-06
    Practice Area: Tax
    Industry: Entertainment and Leisure
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1408

    Concert tickets given as gaming comps could be excluded from taxable gaming revenue as tickets were not non-excludable "services" given the tangible nature of the tickets and the fact that tickets merely conferred the right to view an artistic expression given by a performer. Order of the commonwealth court affirmed.

  • J.S. v. Manheim Twp. Sch. Dist.

    Publication Date: 2021-12-06
    Practice Area: Education Law
    Industry: Education
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1410

    Privately communicated offensive online memes did not meet the true threat exception to warrant a student's expulsion, where there was no evidence of the maker's intent to terrorize and where there was no substantial disruption to school operations. Order of the commonwealth court affirmed.

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Rellick-Smith v. Rellick

    Publication Date: 2021-11-15
    Practice Area: Civil Procedure
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1325

    Superior court erred in affirming trial court's grant of motion to amend answers to include an affirmative defense of statute of limitations, which a prior motion judge had ruled was waived, because the coordinate jurisdiction rule applied and there was no basis for trial judge to disturb motion judge's holding that appellees waived the defense. Reversed and remanded.

  • Commonwealth v. Bradley

    Publication Date: 2021-11-15
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1329

    A criminal defendant was entitled, after obtaining new PCRA counsel, to assert a claim of ineffective assistance of prior PCRA counsel at the first available opportunity following the appearance of new counsel, even while a PCRA petition was on appeal. Judgment of the superior court reversed, case remanded.

  • Commonwealth v. Howard

    Publication Date: 2021-09-13
    Practice Area: Criminal Appeals
    Industry: Transportation
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1048

    A parent riding with their young child in a car-for-hire that did not have a child car seat installed did not, without more, support a conviction for endangering the welfare of a child.

  • In re: Amazon.com Inc., Fulfillment Ctr. Fair Labor Standards Act & Wage & Hour Litig.

    Publication Date: 2021-08-02
    Practice Area: Labor Law
    Industry: E-Commerce
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0883

    Where employees were required to remain on the employer's premises while undergoing and awaiting the results of a mandatory security screening, such time constituted compensable "hours worked" under the Pennsylvania Minimum Wage Act. Matter returned to the Court of Appeals for the Sixth Circuit.

  • McKelvey v. Pennsylvania Dep't of Health

    Publication Date: 2021-08-02
    Practice Area: Public Records
    Industry: Health Care | Pharmaceuticals | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0869

    Commonwealth court properly rejected department's request to be relieved of its obligation to review Right-to-Know Law requests and determine what parts of a record were subject to disclosure and properly rejected medical marijuana business permit applicant's assertion that RTKL disclosure requirements ought to be narrowly construed but court vacated the decision with respect to applicant's claim it presented sufficient information with respect to disclosure of its financial information. Affirmed in part, vacated in part and remanded.