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Publication Date: 2023-02-13
Practice Area: Administrative Law
Industry: Food and Beverage | Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1258 C.D. 2021
Where prior version of the Liquor Code did not expressly state that wine sales by expanded permit holders had to occur in one location or that processing of payment and transfer of possession of the wine had to occur contemporaneously, the ambiguity of the provision entitled licensee to relief from sanctions under the rule of lenity.
Publication Date: 2023-01-23
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 343 C.D. 2022
Court found no error in revoking a license to carry firearms and denial of an application for a new license to carry a firearm where license holder had been arrested for terroristic threats and his prior history of criminal arrests and domestic violence issues indicated insufficient character that disqualified him from holding an LTC. Order of the trial court affirmed.
Publication Date: 2023-01-02
Practice Area: Administrative Law
Industry: Financial Services and Banking | Federal Government | Technology Media and Telecom
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 00074
The court affirmed the judgment of the Superior Court denying a motion to enforce orders vacating receivership and requiring restoration of assets for claims arising out of a Federal Communications Commission litigation. Although appellants argued the matter should be overturned due to the court's failure to make appropriate findings of fact, the court noted that under Federal Law, the FCC was not subject to the court's jurisdiction and therefore the court was not required to make findings of fact or retain jurisdiction over the FCC's
Publication Date: 2023-01-02
Practice Area: Administrative Law
Industry: State and Local Government
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2018-12580-PF
The court held that the sheriff's office should bear the costs of running a clearance check and/or transporting a firearm that was to be retrieved by the defendant. Although the parties initially disagreed as to who should bear the costs, the court reviewed the plain language of 23 Pa.C.S.§6801, finding that the sheriff's office was required to reimburse the costs of transport and/or associated administrative fees.
Publication Date: 2022-12-26
Practice Area: Administrative Law
Industry: State and Local Government
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 1501 MDA 2021
Trial court properly found appellee's petition for expungement of her involuntary commitment record under 18 Pa.C.S.A. §6111.1(g)(2) was barred by the statute of limitations but erred in ordering expungement under art. I, §1 of the Pennsylvania constitution because art. I, §1 did not create an independent cause of action and properly granted appellee's request to have her firearms rights restored. Affirmed in part and reversed in part.
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Publication Date: 2022-12-05
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 784 C.D. 2020
Finding intoxicated individual seated in driver's seat of running vehicle was sufficient to conclude they were in actual physical control of the vehicle, supporting an arrest for DUI and demand for chemical testing under the implied consent law. Order of the trial court reversed.
Publication Date: 2022-11-28
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Slomsky
Attorneys: For plaintiff:
for defendant:
Case Number: 2:17-cv-04956
Defendant state medical boards in Pennsylvania, New York and California, members of the state boards, hospitals and doctors moved to dismiss plaintiff's action for tort claims and for an injunction over the revocation of his medical license and court found sovereign immunity, claim preclusion and issue preclusion barred his claims. Motions granted.
Publication Date: 2022-11-21
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1358 C.D. 2021
Trial court erred in overturning driver's license suspension under Implied Consent Law where evidence showed that driver did not give unequivocal, unqualified asset to submit to blood testing, and thus had effectively refused testing. Order of the trial court reversed.
Publication Date: 2022-11-21
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 917 C.D. 2020
ALJ properly reversed the Pennsylvania State Police's denial of respondent's firearm application for failure to present evidence of the interstate commerce element as required by §922(g)(9) of the Federal Gun Control Act and §6105(c)(9) of the Uniform Firearms Act but the issuance of Navarro v. PSP, 212 A.3d 26, during the pendency of this appeal required remand to afford the parties an opportunity to present evidence on that issue. Vacated and remanded.
Publication Date: 2022-11-14
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 918 C.D. 2020
Pennsylvania State Police appealed Administrative Law Judge's reversal of its denial of respondent's firearm application challenge and court found the Uniform Firearms Act expressly adopted the prohibitory language in §922(g)(9) of the Federal Gun Control Act and proof of the interstate element was required to satisfy a firearm application denial under §6105(c)(9) of the UFA. Vacated and remanded.
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