• Ingram v. Pennsylvania House Republican Caucus

    Publication Date: 2024-05-24
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 546 M.D. 2022

    Employee adequately pled whistleblower retaliation where she alleged that she reported employer's failure to maintain sanitary working conditions by reporting the presence of mold in the office. Respondent's preliminary objections sustained in part and overruled in part.

  • Balgros v. Calloway

    Publication Date: 2024-05-24
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1203 C.D. 2021

    Appellant appealed the order of the Chester County Court of Common Pleas holding that the school principal and superintendent of schools were high public officials entitled to absolute immunity from appellant's defamation claims.

  • Turner v. Lower Merion Sch. Dist.

    Publication Date: 2024-05-24
    Practice Area: Personal Injury
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 657 C.D. 2023

    Appellants appealed the trial court's order granting appellee school district's motion for judgment on the pleadings and dismissing their negligence complaint with prejudice. The court affirmed, holding that appellants' suit did not fall within the real property exception to governmental immunity where their claim stemmed from an injury caused by personalty rather than realty, namely a temporary kickball base not affixed to the ground that slid out from under a high school student during a physical education class.

  • Pennsylvania Leadership Charter Sch. v. New Kensington-Arnold Sch. Dist.

    Publication Date: 2024-05-24
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 765 C.D. 2023

    Petitioner charter school sought review of respondent Department of Education's order requiring school district to pay petitioner tuition owed for students who attended petitioner in a previous school year. The court vacated respondent's order and remanded with instructions where respondent's decision lacked findings of fact and conclusions of law that would allow effective appellate review.

  • Gibraltar Rock, Inc. v. Pennsylvania Dep't of Envtl. Prot.

    Publication Date: 2024-05-24
    Practice Area: Environmental Law
    Industry: Mining and Resources | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 500 C.D. 2020

    Environmental Hearing Board had discretion to rescind quarrying permits rather than remand to address board's concerns where applicant failed to meet a statutory requirement for issuance of one of the permits. Order of the Pennsylvania Environmental Hearing Board affirmed.

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  • Liss v. Commonwealth Dep't of Transp.

    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.

  • In re Appeal of Sposato

    Publication Date: 2024-05-17
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 135 C.D. 2020

    Trial court erred in denying nunc pro tunc relief to appellants in their challenge to their 2019 property assessment because Board of Revision of Taxes was negligent in not mailing appellants notice of the reassessment and appellants filed an appeal with BRT as soon as they received their 2019 tax bill, which was the first time they received notice that their property had been reassessed. Reversed.

  • Buffalo & Pittsburgh R.R., Inc. v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2024-05-17
    Practice Area: Transportation
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 489 C.D. 2023

    Petitioner sought review of respondent's decision requiring petitioner to remove three abandoned railroad bridges over township roads. The court affirmed, concluding that substantial evidence supported respondent's decision where the bridges presented hazards of falling concrete, offered no benefit to the public, and created roadway hazards due to their narrow design.

  • Commonwealth v. Prentiss

    Publication Date: 2024-05-17
    Practice Area: Criminal Law
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 415 C.D. 2021

    Appellant appealed the trial court's orders convicting him of two summary offenses under the Game and Wildlife Code. The court reversed in part, affirmed in part, and remanded to the trial court for resentencing. The court held that appellant's charge under Game Code section 2307(a) should have been dismissed where the citation failed to set out the specifics of the alleged violation. Appellant was properly convicted under section 2504(a), however, where he shot an elk within ten feet of a roadway.

  • Moreno v. Schuylkill County Tax Claim Bureau

    Publication Date: 2024-05-17
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 168 C.D. 2023

    Tax bureau failed to comply with notice requirements of the Real Estate Tax Sale Law by not undertaking reasonable efforts to locate the property's owner after the upset sale notice was returned undelivered. Order of the trial court reversed.