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Publication Date: 2022-10-17
Practice Area: Government
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 647 M.D. 2020
While voters recently approved amendments to the state constitution placing constraints on the Pennsylvania Governor's authority to act in a disaster emergency, petitioners raised a viable issue regarding whether the commonwealth's police powers in disaster emergencies could override specific grants of emergency powers given to local public school districts. The commonwealth court overruled respondent's preliminary objections.
Publication Date: 2022-09-19
Practice Area: Government
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10612 OF 2021, C.A.
Court granted in part and denied in part defendant city official's motion to dismiss plaintiff homeowner's complaint for negligence arising out of the city's failure to issue citations to neighbors who refused to correct sewage leakage. The court denied the motion in part finding that defendant as a city official owed a duty to investigate sewage leakage and was responsible for doing so under the Clean Streams Law. The court agreed, however, that defendant's failure to issue sewage citations did not amount to malicious conduct and the
Publication Date: 2022-09-12
Practice Area: Government
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Roberts
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0985
The successor judge overturned a jury's verdict finding that a SEPTA officer was not protected under governmental immunity. The court noted the jury's verdict was inconsistent, as the jury had found that three other officers, with no distinguishable facts, were not liable for similar actions. The court further noted that the officer was clearly acting within the scope of his employment and entered JNOV in defendant's favor.
Publication Date: 2022-08-22
Practice Area: Government
Industry: Construction | Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0950
Prevailing Wage Appeals Board erred in holding petitioner's construction project was a "public work" under the Prevailing Wage Act because the economic reality of the transaction showed the project was not paid for "out of the funds" of the authority as a public body and the transaction was not a public work subject to the act. Reversed.
Publication Date: 2022-08-08
Practice Area: Government
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0881
District court properly dismissed appellant's Vacancies Reform Act and appointments clause action challenging acting attorney general Whitaker's authority to issue a rule because attorney general Barr's ratification cured any defects in the rule, the Vacancies Reform Act did not prohibit the ratification and the rule stood even if Whitaker served in violation of the Vacancies Reform Act or the appointments clause. Affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2022-08-01
Practice Area: Government
Industry: Advertising | Real Estate | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0857
PennDOT lacked authority to enforce state regulations governing outdoor advertising on billboards placed on leased-out Delaware River Port Authority property, where the interstate compact creating DRPA empowered the agency to control the use of its property and collect rents on said property. Intervenor plaintiff's motion for summary judgment granted, defendant's motion for summary judgment granted in part and denied in part.
Publication Date: 2022-08-01
Practice Area: Government
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0784
The court denied an emergency motion to stay the City of Philadelphia's reinstatement of an indoor mask mandate given that the Philadelphia Code specifically provides for the suspension of the Home Rule Charter's normal regulatory process in the event of public health and safety emergencies such as the COVID-19 pandemic. The court recommended affirmance.
Publication Date: 2022-07-18
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0806
Petitioners moved for summary relief in regard to public-private transportation partnership board's approval of the Major Bridge P3 initiative and court found the initiative was void ab initio since it was approved in violation of act 88's provisions and guidelines. Summary relief granted.
Publication Date: 2022-06-20
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0684
Trial court erred in denying appellants' petition for mandamus after appellee refused to accept their private criminal complaints asserting official oppression based on city's enacting certain firearms ordinances and court found appellee failed to comply with Pa.R.Crim.P. 506 and review and either accept or deny the private criminal complaints with written reasons. Reversed.
Publication Date: 2022-06-13
Practice Area: Government
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0636
Trial court properly found city's ordinances, prohibiting the use of assault weapons and large capacity magazine in certain public places and prohibiting specified individuals from possessing or using firearms, were preempted by §6120(a) of the Uniform Firearms Act.
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