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  • Armour Pharmacy v. Bureau of Workers' Comp. Fee Review Hearing Office

    Publication Date: 2019-04-22
    Practice Area: Employment Litigation
    Industry: Food and Beverage | Retail
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0459

    Hearing officer erred in holding that petitioner's status as a "provider" under the act was an issue beyond his jurisdiction because it offended due process to place the question of whether a putative provider was actually a "provider" beyond the reach of judicial review and hearing officer had to conduct a hearing on whether a person invoking the remedy set forth in §306(f.1)(5) was a "provider" within the meaning of the act. Reversed.

  • Allen v. Commonwealth Bd. of Probation & Parole

    Publication Date: 2019-04-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0446

    Petitioner, a parolee serving time in a correctional facility, was not entitled to the relief sought in his mandamus petition, i.e., immediate release from prison, where the record clearly established that there were two outstanding detainers to which the Pennsylvania Board of Probation and Parole properly paroled him. The appellate court denied petitioner's application for mandamus relief.

  • Vladimirsky 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: 19-0463

    The secretary erred in awarding damages for petitioner's lost compensation after he was improperly terminated as a teacher because petitioner did not fail to mitigate damages as secretary erroneously found, where petitioner sought other teaching jobs until his unemployment ran out, was unsuccessful due to his termination from a tenured position and he then took a security guard position. Order vacated.

  • S.K. v. Dep't of Human Serv.

    Publication Date: 2019-04-15
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0421

    Bureau of Hearings and Appeals erred in concluding that petitioner acted recklessly and committed child abuse in denying petitioner's request to expunge his indicated report of child abuse because petitioner tried to use a Safe Crisis Management approved upper torso restraint on minor but the restraint did not go as planned and there was no evidence that petitioner grossly deviated from what a reasonable person would have found acceptable under the same circumstances. Reversed.

  • Elder v. Bd. of Prof. & Occupational Affairs

    Publication Date: 2019-04-15
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0432

    The Pennsylvania Bureau of Professional and Occupational Affairs, State Board of Medicine erred in denying petitioner's application for a license to practice medicine where it failed to balance his one-time episode of criminal conduct against his extensive evidence of present good character, remorse and rehabilitation. The appellate court vacated and remanded.

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  • Wimer Realty, LLC v. Twp. of Wilmington

    Publication Date: 2019-04-15
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0424

    Township appealed trial court's grant of property owner's land use appeal and the court found the trial court properly found the zoning ordinance was unconstitutional, township did not show a relationship between the exclusion in the ordinance and public health and safety and trial court properly permitted owners to use their property in accordance with their proposed curative amendment. Affirmed.

  • PBS Coals, Inc. v. Dept. of Transp.

    Publication Date: 2019-04-15
    Practice Area: Government | Real Estate
    Industry: Mining and Resources | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0428

    Trial court erred by denying de facto taking claim arising from blocking of access to coal estate in landlocked parcel where plaintiffs' coal interest in adjacent parcel did not allow them to transport coal from another property across the surface of the adjacent parcel and where public agency's activities directly and immediately blocked plaintiffs' use. Order of the trial court reversed and remanded.

  • U.S. Bank N.A. v. Manu

    Publication Date: 2019-04-15
    Practice Area: Real Estate
    Industry: Financial Services and Banking
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0422

    Appellants appealed the order granting their motion to redeem property sold at a sheriffs' sale for delinquent real estate taxes and the court found the trial court did not abuse its discretion because, since appellants did not act until after the sheriff's sale, they were obligated to pay the purchaser the amounts specified in §32(a) of the act to redeem the property. Affirmed.

  • Bertram v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-04-08
    Practice Area: Administrative Law
    Industry: Automotive
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0384

    The Unemployment Compensation Board of Review erred in affirming a referee's decision to deny claimant unemployment compensation benefits based on his alleged willful misconduct where the board capriciously disregarded competent and relevant evidence. The appellate court affirmed vacated and remanded.

  • In re Petition for Agenda Initiative

    Publication Date: 2019-04-08
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0395

    Trial court properly found that organization's appeal of county council's holding, that proposed ordinance was not legally proper for its consideration, was meritless because the proposed ordinance was an invalid usurpation of the general assembly's power over the conduct of elections and undermined the elections board's responsibilities. Affirmed.