• Perry Twp. v. Osikowicz

    Publication Date: 2024-11-15
    Practice Area: Transportation
    Industry: Mining and Resources | State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 355 C.D. 2023

    Failure to complete road repairs by the deadline in the parties' settlement without force majeure justification entitled municipality the discretion to decline to enter an excess maintenance agreement. Order of the trial court reversed.

  • Piotrowski v. Dep't of Health

    Publication Date: 2024-11-08
    Practice Area: Health Care Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1232 C.D. 2023

    The court reversed respondent's suspension of petitioner's license as an emergency medical services provider finding respondent failed to prove that petitioner operated an emergency vehicle in a reckless manner.

  • Gentilquore v. Pennsylvania Dep't of Corr.

    Publication Date: 2024-11-08
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 45 M.D. 2021

    Petitioner invoked the court's original jurisdiction to seek review of procedures adopted by respondent to administer its medical services program. The court dismissed the petition for review for lack of jurisdiction, holding that petitioner's action failed to identify a constitutional right or protected interest as required to invoke the court's original jurisdiction over prisoner due process claims.

  • City of Philadelphia v. Lindley Tower Realty Co. L.P.

    Publication Date: 2024-11-01
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1072 C.D. 2024

    Trial court erred in ordering building demolition where there was no evidence of the building's interior or structural condition to support finding that it posed an imminent risk of collapse. Order of the trial court vacated, case remanded.

  • Schmidt v. Pennsylvania Dep't of Transp.

    Publication Date: 2024-11-01
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 33 C.D. 2023

    Falling branch from tree whose base was outside commonwealth property or right-of-way was insufficient to trigger the real estate exception to sovereign immunity. Order of the trial court affirmed.

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  • Cowen v. Dep't of Corr. (Workers' Comp. Appeal Bd)

    Publication Date: 2024-11-01
    Practice Area: Labor Law
    Industry: Legal Services | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 434 C.D. 2023

    Claimant employee petitioned for review of an order of respondent Workers' Compensation Appeal Board which affirmed a workers' compensation judge's adverse determinations on multiple petitions. The court affirmed, holding in part that claimant failed to demonstrate that she received ineffective assistance of counsel where her former attorney withdrew from representation after claimant disagreed with his strategic decisions and recommendations regarding the handling of her case and settlement of her claim.

  • Chappell v. Commonwealth

    Publication Date: 2024-11-01
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 431 C.D. 2022

    The court took up appellant's case after having remanded the action to the trial court for a new decision in appellant's appeal of Commonwealth's lifetime disqualification of appellant's commercial driver's license. The court affirmed, holding that appellant failed to demonstrate a violation of the Eighth Amendment's prohibition against cruel and unusual punishment where the Uniform Commercial Driver's License Act mandated lifetime disqualification of appellant's CDL after his commission of a second instance of driving under the influ

  • Greer v. S. Franklin Twp.

    Publication Date: 2024-11-01
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 604 C.D. 2023

    Appellant township appealed the trial court's order awarding monetary damages for physical injury to a resident's property arising from improper diversion of water. The court dismissed the appeal for township's failure to file post-trial motions, which resulted in waiver of township's issues on appeal.

  • City of Philadelphia v. Turner (Workers' Comp. Appeal Bd.)

    Publication Date: 2024-11-01
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1190 C.D. 2023

    Impairment rating evaluation physician-evaluator erred in failing to consider the causal link between a workers' compensation claimant's subjective complaints and their accepted work injury and, if necessary, rate those conditions as part of the whole-body impairment rating. Order of the Workers' Compensation Appeal Board affirmed.

  • Brooks v. Tr. of the Univ. of Pennsylvania (Workers' Comp. Appeal Bd.)

    Publication Date: 2024-11-01
    Practice Area: Labor Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 936 C.D. 2023

    Petitioner claimant sought review of the Workers' Compensation Appeal Board's order affirming a workers' compensation judge's decision which granted employer's petition to reduce claimant's workers' compensation benefits. The court affirmed, holding that neither Workers' Compensation Act Section 306(b)(2) nor associated regulations required disqualification of a vocational expert who inaccurately included expired credentials on written correspondence in claimant's case.