Filter This View

  • Fullman v. Bureau of Admin. Adjudication

    Publication Date: 2019-05-20
    Practice Area: Administrative Law | Transportation
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0577

    Parking violation citation for "over time limit" upheld where driver failed to hang his handicap parking placard from his rearview mirror. Order of the trial court affirmed.

  • Walker v. Dept. of Transp.

    Publication Date: 2019-05-20
    Practice Area: Administrative Law
    Industry: Automotive
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0568

    Trial court properly found that the order of suspension did not provide adequate notice and satisfy due process in department's action to suspend licensee's emission inspection license because the order did not provide a date or place for the alleged actions, did not include a citation to the specific statutory or regulatory provisions prohibiting the conduct in question and did not reference the 5000-mile exemption sticker issue raised at trial. Affirmed.

  • Iannetti v. Unemployment Compensation Bd. of Review

    Publication Date: 2019-05-20
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0578

    UC claimant ineligible for benefits when he was discharged for violating his employer's call-out policy, but penalties for fault overpayment were not imposed where evidence showed claimant did not select inaccurate reason for his separation on his application for the express purpose of improperly obtaining benefits. Order of the Unemployment Compensation Board of Review affirmed.

  • Finnerty v. Pennsylvania Dept. of Cmty. & Econ. Dev.

    Publication Date: 2019-05-13
    Practice Area: Public Records
    Industry: Consulting | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0555

    Public records withheld under the internal, predecisional deliberation exception to the RTKL where such records qualified as "internal records" because they were shared with private contractors engaged by a public agency to fulfill the agency's legislative purposes. Order of the Office of Open Records affirmed.

  • DeAngelo v. N. Strabane Twp. Zoning Hearing Bd.

    Publication Date: 2019-05-06
    Practice Area: Administrative Law | Land Use and Planning
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0518

    Restriction on medical clinic use in a residential district was not impermissibly exclusionary where standalone clinics were permitted in commercial districts or connected to assisted living facilities or nursing homes in residential district, but zoning board failed to provide landowners statutory right to present evidence on use variance request. Order of the trial court affirmed in part and reversed in part.

  • Law Journal Press | Digital Book

    Going Private

    Authors: Arthur M. Borden (deceased), Joel A. Yunis

    View this Book

    View more book results for the query "*"

  • Feldman v. Pennsylvania Comm'n on Crime & Delinquency

    Publication Date: 2019-05-06
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0520

    RTKL request properly denied when it sought demographic information from claimants under the Victims Compensation Program where the Crime Victims Act precluded disclosure of any victim information and the RTKL exempted any information prohibited from disclosure by state or federal law. Order of the Office of Open Records affirmed.

  • Cummins v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-04-29
    Practice Area: Labor Law | Social Media
    Industry: Manufacturing
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0477

    Claimant committed willful misconduct and was ineligible for unemployment compensation where she made a social media post indicating an intent to cause physical harm upon a co-worker as a result of a confrontation with that co-worker while on duty. Decision of the Unemployment Compensation Board of Review affirmed.

  • Crouthamel v. Dept. of Transp.

    Publication Date: 2019-04-22
    Practice Area: Public Records
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0451

    Office of Open Records correctly denied request for documents from public project bid and contract where such documents contained information that could be reverse-engineered to reveal the contractor's proprietary cost and pricing data and were therefore confidential in nature. Final determination of the OOR affirmed.

  • Jones v. Sch. Dist. of Philadelphia

    Publication Date: 2019-04-22
    Practice Area: Labor Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0454

    Secretary erred in concluding wrongfully terminated employee had not made reasonable efforts to mitigate damages where employee obtained other work and sought continued education and training during relevant period, and where employer's evidence of alternative work was unsuited to the employee's circumstances. Order of the secretary of education vacated and remanded.

  • Kaminski v. Sosmetal Products, Inc.

    Publication Date: 2019-04-22
    Practice Area: Personal Injury
    Industry: Distribution and Wholesale
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0465

    Trial court did not abuse its discretion and did not err in issuing Pa. SSJI (Civ) 18.00, Pa SSJI (Civ) 18.50 and Pa. SSJI (Civ) 18.80 in appellant's slip and fall action based on her fall on the public sidewalk abutting defendant's property. Affirmed.