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McKelvey v. Office of Attorney General

Publication Date: 2017-10-31
Practice Area: Civil Appeals | Public Records
Industry: Legal Services
Court: Commonwealth Court
Judge: Judge Cosgrove
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1620

The court used alternative reasoning to affirm the OAGs denial of a RTKL request for a report generated by a law firm investigating crimes arising from or related to the commonwealths email system because while the OAG argued that the report was exempt under the attorney-client and attorney-work-product privileges and the predecisional and noncriminal investigation exemptions, the court focused on whether the appendices sought were part of the record and encompassed by the RTKL request at the time the request was made. Affirmed.
Kovacevich v. Regional Produce Coop. Corp.

Publication Date: 2017-10-31
Practice Area: Occupational Safety and Health
Industry: Distribution and Wholesale | Food and Beverage
Court: Superior Court
Judge: Judge Solano
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1618

Trial court properly dismissed appellants claims against wholesale market managing company based on a controlling employer argument derived from an OSHA compliance directive after appellant was injured by a pallet jack driven by his own employee because the policy appellant relied on did not determine rights or obligations or cause legal consequences and concerned only the scope of enforcement of OHSA requirements and managing company had assumed no duty regarding safety in the leased areas of the market
In Re Lehigh County Constables

Publication Date: 2017-10-31
Practice Area: Civil Appeals | Election and Political Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1617

Trial courts orders denying constables petitions for the appointment of deputy constables based on the lack of MDJ and district attorney signatures were vacated and remanded for the trial court to consider the petitions under the new administrative order court had issued while the appeal was pending with new procedures for appointing deputy constables. Order vacated and remanded.
In the Interest of H.K.

Publication Date: 2017-10-31
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1611

Trial court erred in granting parents request for de novo hearing in dependency petition after orphans court had accepted masters report, when parent failed to object to hearing before master and had not shown cause for rehearing, and thus had no right to rehearing before trial judge. Order of the trial court reversed.
Dambman v. Bd. of Supervisors of Whitemarsh Twp.

Publication Date: 2017-10-31
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1613

Township did not err in granting final land development plan approval where applicant was not required under townships SALDO to obtain necessary zoning permits prior to seeking application approval. Order of the trial court affirmed.
Drack v. Tanner

Publication Date: 2017-10-31
Practice Area: Administrative Law | Civil Procedure | Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1614

Trial court erred in sustaining preliminary objections in the nature of a demurrer when it considered averments outside of the complaint whose sufficiency was being tested. Order of the trial court reversed, case remanded.
H.E. v. Walter D. Palmer Leadership Learning Partners Charter Sch

Publication Date: 2017-10-31
Practice Area: Attorney Work Life Balance | Civil Appeals | Education Law
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1615

Obtaining a remand for a new IDEA due process hearing was a vindication of rights that conferred prevailing party status and rendered the party eligible for an award of legal fees and costs under IDEAs fee-shifting provisions. Order of the district court reversed, case remanded.
Commonwealth v. Wilson

Publication Date: 2017-10-31
Practice Area: Criminal Law
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Court: Superior Court
Judge: Judge Moulton
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1612

Motion to suppress statements properly denied where, although defendant was initially illegally detained on an inactive warrant, any taint from the illegal arrest was attenuated where defendant voluntarily waived Miranda rights to make statements in response to co-defendants incriminating statements and evidence obtained from a search warrant thereunder. Judgment of sentence affirmed.
Hospitality Mgmt. Corp. v. Dept. of Labor and Indus.

Publication Date: 2017-10-24
Practice Area: Administrative Law | Regulation | Tax
Industry: Consulting | Hospitality and Lodging
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1595

Office of Unemployment Compensation Tax Services was not subject to statutory deadline to issue revised rates where employer contributed to delay. Order of the Department of Labor and Industry affirmed.
Volpe Tile and Marble, Inc. v. Workers Compensation Appeal Bd.

Publication Date: 2017-10-24
Practice Area: Administrative Law | Labor Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Bonnie Brigance Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1604

Workers compensation appeal board properly denied the application for supersedeas fund reimbursement because the final outcome of the proceedings determined that compensation was payable and resolution of that issue did not hinge upon which of two carriers was responsible for the payment of compensation or whether the liable carrier had entered into a compromise and release agreement. Affirmed.

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