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  • Wise v. Huntingdon County Housing Dev. Corp.

    Publication Date: 2019-07-01
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0763

    Trial court properly found that public housing authority's alleged failure to illuminate the sidewalk in a public housing complex at night did not create an artificial condition or defect of commonwealth realty for which the housing authority could be liable in appellant's action for injuries from her fall on the sidewalk. Affirmed.

  • M.S. v. Pennsylvania State Police

    Publication Date: 2019-07-01
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0762

    Petitioner petitioned for mandamus in relation to his designation as a sex offender and court found the Pennsylvania state police erred in ignoring petitioner's request for a hearing after he was determined to be a Tier III sex offender based on his conviction under the uniform code of military justice because the equivalency determination constituted an invalid adjudication under the administrative agency law and petitioner was entitled to a post-equivalency determination administrative appeal remedy that had to include an opportunit

  • Pileggi v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-07-01
    Practice Area: Employment Litigation
    Industry: Construction | Real Estate
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0764

    Unemployment compensation review board erred in finding that claimant was self-employed because claimant's prudent investment in his brother's business did not represent disqualifying self-employment under §402(h) where the evidence showed claimant did nothing for the company and received income akin to dividends. Reversed.

  • Sierra Club v. Dep't of Envtl. Prot.

    Publication Date: 2019-07-01
    Practice Area: Environmental Law | Fee Disputes
    Industry: Energy
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0767

    Environmental hearing board properly denied petitioner environmental group's application for fees and costs after energy company decided to use an alternative technology to eliminate the need for an industrial wastewater discharge permit because EHB properly applied the catalyst test and its findings on the causation requirement were supported by substantial evidence of record. Affirmed.

  • Givelify, LLC v. Dept. of Banking & Securities

    Publication Date: 2019-06-24
    Practice Area: Banking and Finance Laws
    Industry: E-Commerce | Non-Profit
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0716

    The Pennsylvania Department of Banking and Securities Commission erred in concluding that petitioner, an on-line mobile "giving app," engaged in the business of "transmitting money" without the proper license in violation of the Pennsylvania Money Transmitter Act, as petitioner was not "transmitting money." The commonwealth court reversed.

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  • Villager Realty of Bloomsburg v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-06-24
    Practice Area: Employment Litigation
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0730

    Board correctly held that claimant was not self-employed pursuant to §402(h) because the real estate act prohibited her from working for any real estate broker other than petitioner and she was eligible for benefits, but board erred to the extent it suggested she was an employee of petitioner because that issue was not before it. Affirmed.

  • DeBellis v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-06-24
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0714

    The commonwealth court rejected claimant's assertion that the Workers' Compensation Act should be interpreted as imposing a mandatory duty upon employers or insurers to unilaterally amend an injury description after issuing a notice of compensation payable based on later opinions of their own medical experts if those opinions are favorable to claimant. The commonwealth court affirmed.

  • Ungard v. Williamsport Bureau of Police Pension Bd.

    Publication Date: 2019-06-24
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0729

    Trial court properly reversed board and found police officer's pension was not forfeited because, while officer was convicted of tampering with public records and obstructing the administration of law, city presented no evidence to show a connection between officer's crimes and his public employment. Affirmed.

  • Gordon Terminal Serv. Co. v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-06-24
    Practice Area: Labor Law
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0720

    Employer failed to prove willful misconduct by discharged employee where employer's own evidence demonstrated that it inconsistently enforced its cell phone policy such that it would no longer appear to be a rule. Order of the UCBR affirmed.

  • Rahman v. Foster Twp.

    Publication Date: 2019-06-24
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0713

    The trial court erred in not reinstating plaintiff's appeal as defendants were precluded from seeking relief under Rule 1006 of the Pennsylvania Magisterial District Judge Rules for failure to file a timely complaint after plaintiff had already filed her complaint. The appellate court reversed.