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Publication Date: 2024-07-12
Practice Area: Administrative Law
Industry: Food and Beverage | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 509 C.D. 2022
Licensee appealed the trial court's order upholding the Pennsylvania Liquor Control Board's denial of licensee's application to renew its restaurant liquor license. The court affirmed, concluding in pertinent part that sufficient evidence supported the determination that licensee did not operate a bona fide restaurant where licensee had a demonstrated history of failing to operate a restaurant and undertook remedial measures only when its restaurant liquor license was at risk of revocation.
Publication Date: 2024-06-28
Practice Area: Administrative Law
Industry: Insurance
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 805 C.D. 2023
Petitioners sought review of a letter in which respondent Pennsylvania Insurance Department's declined to vacate consent orders entered into by petitioners. The court quashed the appellate petition for review because respondent's letter was not an appealable adjudication.
Publication Date: 2024-06-28
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 1002 C.D. 2022
Trial court erred in vacating citation for parking in handicap space issued to driver with valid placard who failed to place the placard in his vehicle, where driver's failure to comply with strict requirements of vehicle code supported issuance of the citation. Order of the trial court reversed.
Publication Date: 2024-06-14
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Straw
Attorneys: For plaintiff:
for defendant:
Case Number: 23-cv-1128
ALJ erred in finding appellant did not qualify for disability insurance benefits and supplemental social security before she met age limits on Jan. 12, 2022 because ALJ's decision to reject appellant's neurologist's opinion was not supported by substantial evidence. Vacated and remanded.
Publication Date: 2024-06-07
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 33 C.D. 2022
Half a minute of silence after being read implied consent warnings, in the context of a prior refusal of chemical testing and other belligerent conduct, was sufficient to constitute a refusal to submit to a chemical test. Order of the trial court reversed.
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Publication Date: 2024-05-31
Practice Area: Administrative Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Hey
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2825
Plaintiff sought review of defendant's denial of his claim for child disability benefits and supplemental security income. The court granted defendant's uncontested motion for remand after concluding an administrative law judge failed to properly evaluate the opinion of plaintiff's treating psychiatrist regarding plaintiff's mental disability.
Publication Date: 2024-05-31
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1231 C.D. 2022
Notice of violations of speeding statute pursuant to automated speeding enforcement systems was not unconstitutional where the speeding fine was a civil penalty and violators were afforded notice and opportunity to contest the alleged violation. Order of the trial court affirmed.
Publication Date: 2024-05-24
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 661 C.D. 2023
Commonwealth appealed the trial court's sustaining of licensee's statutory appeal from a driver's license suspension imposed after licensee's refusal to submit to chemical testing for driving under the influence. The court reversed and remanded with directions for reinstatement of licensee's driver's license suspension where the trial court erroneously characterized Commonwealth's evidentiary proffer of implied consent Form DL-26A to be inadmissible hearsay not subject to a hearsay exception.
Publication Date: 2024-05-24
Practice Area: Administrative Law
Industry: Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 484 C.D. 2022
DOT's unreasonable delay in imposing a license suspension prejudiced licensee who refrained from driving upon the belief that his withdrawal of his appeal meant the suspension automatically went into effect and due to licensee's increasing need to transport his family and drive for work. Order of the trial court reversed.
Publication Date: 2024-05-17
Practice Area: Administrative Law
Industry: Automotive | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1326 C.D. 2022
Appellants appealed the trial court's orders overruling their appeal of Commonwealth's administrative suspension of their official certifications as an auto safety inspection center and safety inspector. The court vacated the trial court's orders and remanded for further proceedings where the trial court failed to explain whether it considered modifying Commonwealth's penalties after it made new findings that Commonwealth failed to prove certain inspection violations were present at the time appellants inspected a deteriorated motor v
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