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Publication Date: 2022-06-13
Practice Area: Administrative Law
Industry: Automotive | State and Local Government
Court: Courts of Common Pleas, Bucks County
Judge: Judge Waite
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0558
Where the Pennsylvania Department of Transportation pursued two companion cases involving a mechanic and his licensed business, the court found that both matters were controlled by 75 Pa.C.S. §4724 and were, therefore, subject to the original appellate jurisdiction of the courts of common pleas. The court granted in part and denied in part petitioner's appeal.
Publication Date: 2022-06-13
Practice Area: Administrative Law
Industry: Food and Beverage | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0644
Petitioners sought damages, costs, interest and attorney fees after trial court granted mandamus ordering liquor board to implement a special order processing procedure and court found board was a "person" under §8383 of the judicial code and was liable for petitioner's damages, interest costs and attorney fees. Application granted.
Publication Date: 2022-06-06
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0619
A workers' compensation judge erred in denying employer's petition to modify claimant's total disability status where the judge rejected an expert's impairment rating based solely on her personal opinion of how an impairment rating evaluation addressing claimant's particular condition should be conducted. The appellate court reversed.
Publication Date: 2022-05-23
Practice Area: Administrative Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0578
Claimant failed to establish a valid justification for refusing to comply with employer's reasonable directive to get a flu vaccine; therefore, the lower jurisdictions did not err in finding her ineligible for benefits under §402(e) of the Unemployment Compensation Law. The commonwealth court affirmed.
Publication Date: 2022-05-16
Practice Area: Administrative Law
Industry: Food and Beverage
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0382
Respondent was properly cited for violating 47 P.S. §4-415(a)(8) of the Liquor Code for improperly allowing the purchase of wine through its website and completing the sale of wine at a location arranged by the buyer given the Pennsylvania Liquor Control Board's interpretation of the statute that the purchase of wine must be completed at the licensed premises. The court recommended affirmance.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2022-04-04
Practice Area: Administrative Law
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0360
Trial court erred in reversing board's decision to deny a demolition plan for a six-story building because board's decision reflected that the board, informed by its members' expertise, weighed the record evidence and disagreed with plaintiff's experts regarding the need for preemptive demolition of adjacent structures as a safety measure. Reversed.
Publication Date: 2022-03-28
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0334
Public School Employees' Retirement System filed preliminary objections to petitioner's action seeking a court order declaring she, as a board member, was entitled to review the documents she had requested and court overruled PSERS' objections because the records petitioner sought were related to a current PSERS asset, were "reasonably related" to her duties as a board member and she had a fiduciary obligation to exercise due diligence to manage and control PSERS funds. Objections overruled.
Publication Date: 2022-03-21
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0307
As-applied constitutional challenges to professional licensing requirement failed for lack of standing where petitioner had yet to begin engaging in commercial practice and therefore was not injured or at risk of injury from failing to comply with the licensing requirement. Respondents' preliminary objections sustained.
Publication Date: 2022-03-21
Practice Area: Administrative Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0315
Trial court erred in granting enforcement of subpoenas issued to school employees at teacher's request in appeal of action naming teacher as a perpetrator of abuse of two students because, while trial court had the authority under 71 P.S. §200 to enforce the subpoenas, it should have first ruled on school employees' objections to the subpoenas under the Health Insurance Portability and Accountability Act and Family Educational Rights and Privacy Act and their motion for a protective order. Vacated.
Publication Date: 2022-02-28
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
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.
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