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Publication Date: 2019-09-09
Practice Area: Administrative Law
Industry: Health Care
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1062
Commonwealth court erred in enforcing psychiatrist's petition to enforce subpoenas for former patient's testimony and for patient's medical records from previous and subsequent treatment providers because commonwealth court had neither original nor appellate jurisdiction over private party's efforts to enforce a subpoena against other private parties and commonwealth was not a party to the action. Vacated.
Publication Date: 2019-09-09
Practice Area: Administrative Law | Family Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
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Case Number: 19-1064
Bureau misapplied the law and entered a manifestly unreasonable order in denying mother's continuance request, in her appeal of an indicated report of child abuse, for the sole reason that she did not file a waiver of timeliness because 23 Pa.C.S. §6341(c.2) did not mandate the filing of a waiver of timeliness. Reversed.
Publication Date: 2019-08-26
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 19-1004
Trial court did not err in granting licensee's appeal of the denial of his application for an ignition interlock and non-commercial learner's permit because department did not meet its burden to permanently deny licensee's operating privileges under § 1503(a)(8) but trial court erred in ordering department to grant the license because that exceeded its authority. Affirmed in part and vacated in part.
Publication Date: 2019-08-26
Practice Area: Administrative Law
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1007
Appellant appealed trial court's ruling that board substantially complied with §607(b) of the Municipalities Planning Code in enacting a zoning ordinance and court found that while it agreed with trial court's conclusion that Zoning Ordinance Committee was a valid planning committee, ZOC failed to hold at least one public meeting pursuant to public notice as required by §607(b), and trial court erred in finding that board substantially complied with §607(b) in enacting the ordinance. Reversed.
Publication Date: 2019-08-12
Practice Area: Administrative Law | Family Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0942
Trial court violated right against unreasonable search and seizure by ordering parents to submit to home inspection by CYS when agency lacked probable cause for its request to compel the inspection, and lacked statutory authority to compel a parent to take a drug test absent a dependency adjudication. Order of the trial court vacated.
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Authors: Jayme C. Long
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Publication Date: 2019-07-29
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0885
Trial court correctly dismissed licensee's license suspension because the only evidence submitted by DOT to establish its prima facie case supporting the suspension was a defective form DL-21C in which the "Date of Disposition" block was not completed as required by DOT's regulations. Affirmed.
Publication Date: 2019-07-29
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
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Case Number: 19-0872
The Secretary of Agriculture erred in holding that petitioner's violation of the Dog Law, wherein he exceeded the limits in his license for the number of dog transfers, automatically converted his kennel to a commercial kennel subject to a different set of regulatory standards. The appellate court reversed and remanded.
Publication Date: 2019-07-22
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
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Case Number: 19-0855
Trial court properly denied appellant's petition for expungement of his mental health records and restoration of his right to possess firearms because appellant was afforded, and fully availed himself of, all due process required in connection with his §303 commitment proceeding and subsequent certification. Affirmed.
Publication Date: 2019-07-15
Practice Area: Administrative Law | Legislation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0808
Petitioners' constitutional challenge to the state budgets at issue were moot given that the requested declaratory relief would be of no appreciable affect due to the expiration of the relevant fiscal years, subsequent enactment of remedial legislation and, inter alia, absence of any allegations that present or future general appropriations bills were affected. The court dismissed petitioners' amended petition.
Publication Date: 2019-07-15
Practice Area: Administrative Law
Industry: Insurance
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0807
The Unemployment Compensation Board of Review erred in affirming a decision to dismiss employer's appeal as untimely where the record established that an administrative breakdown by the postal service caused the appeal to be untimely. The commonwealth court reversed and remanded.
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