• England v. Merion Constr.

    Publication Date: 2024-08-23
    Practice Area: Labor Law
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 304 C.D. 2021

    Claimant petitioned for review of an order of the Workers' Compensation Appeal Board that affirmed two decisions of a Workers' Compensation Judge regarding claimant's post-injury claim. The court affirmed, holding that the WCJ correctly identified claimant's employer as the subcontractor that he worked for on a construction project, which had purchased WC insurance through the general contractor-controlled insurance program, rather than the general contractor itself. The court concluded further that the WCJ correctly calculated the su

  • In re: Mt. Vernon Tenants Ass'n, Inc.

    Publication Date: 2024-08-23
    Practice Area: Real Estate
    Industry: Hospitality and Lodging | Non-Profit | Real Estate
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 962 C.D. 2022

    The court affirmed the order of the Court of Common Pleas of Beaver County granting the application of Lowell Lundy to liquidate and dissolve the Mt. Vernon Tenants Association, Inc. and appoint a liquidating receiver for the association under § 5981 of the Nonprofit Corporation Law of 1988, 15 Pa. C.S. § 5981.

  • Parker v. Bureau of Driver Licensing

    Publication Date: 2024-08-23
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wolf
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 929 C.D. 2023

    Trial court erred in upholding license suspension under implied consent law where a separate, explicit request to submit to chemical testing was required after reading implied consent warnings and there was inadequate evidence to find that a separate request was made. Order of the trial court reversed.

  • Rimer-Klak v. Bureau of Driver Licensing

    Publication Date: 2024-08-16
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 875 C.D. 2021

    Trial court erred in rescinding license suspension where Vehicle Code expressly defined Accelerated Rehabilitative Disposition as a "prior offense" and case law declaring the relevant provisions of the Vehicle Code unconstitutional had been expressly overruled. Order of the trial court reversed.

  • Hughes v. Pennsylvania Pub. Utility Comm'n

    Publication Date: 2024-08-16
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 827 C.D. 2020

    Pennsylvania Public Utility commission correctly denied customer's request for accommodation from smart meter requirement due to insufficient evidence of adverse health effects from exposure to meters' RF emissions. Order of the PUC affirmed.

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  • Previte v. Erie County Bd. of Elections

    Publication Date: 2024-08-16
    Practice Area: Public Records
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 814 C.D. 2023

    Election Code expressly designated digital images of completed absentee/mail-in ballots as public records, subjecting them to disclosure - with appropriate redaction of identifying information - under the Right-to-Know Law. Order of the trial court reversed in part.

  • Malak v. Maxim Healthcare Serv. (Workers' Comp. Appeal Bd.)

    Publication Date: 2024-08-16
    Practice Area: Labor Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 396 C.D. 2021

    Workers' Compensation Appeal Board erred in affirming the denial of a penalty petition seeking reimbursement of medical marijuana costs where neither the Medical Marijuana Act nor federal law prohibited a workers' compensation insurer or employer from reimbursing for reasonable and necessary medical marijuana treatment costs. Order of the Workers' Compensation Appeal Board reversed.

  • In re: Appeal of Bochetto & Lentz

    Publication Date: 2024-08-09
    Practice Area: Public Records
    Industry:
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1445 C.D. 2022

    The Philadelphia District Attorney's Office appealed from the trial court's order granting a requester's statutory appeal and ordering the production of records pursuant to the Right-to-Know Law. The court vacated and remanded for the trial court to issue a decision containing findings of fact, conclusions of law, and an articulated and reasoned basis for its disposition.

  • Commonwealth v. Couteret

    Publication Date: 2024-08-09
    Practice Area: Criminal Law
    Industry: Entertainment and Leisure
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 413 C.D. 2021

    Trial court erred in convicting hunting guide for unlawful taking of game/wildlife and use of unlawful devices/methods where the record demonstrated that defendant happened to encounter game while lawfully traveling along a public road and passed on the location of that game to hunters he had a chance encounter with. Order of the trial court reversed.

  • Pennsylvania State Sys. of Higher Educ. v. Pennsylvania State Sys. of Higher Educ. Officers' Ass'n

    Publication Date: 2024-08-09
    Practice Area: Labor Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 961 C.D. 2022

    University could terminate police officer for discriminatory social media posts under long-standing public policy prohibiting discrimination and department policy requiring officers to exercise their duties with respect for others' rights. Petition for review granted.