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  • J.F. v. Dept. of Human Servs.

    Publication Date: 2019-03-25
    Practice Area: Administrative Law | Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0321

    Alleged perpetrator of child abuse entitled to evidentiary hearing despite being accepted into ARD on criminal charges of child endangerment where there was no adjudication of alleged facts in the criminal complaint or in the report of child abuse. Order of the Bureau of Hearings and Appeals reversed, case remanded.

  • Lohr v. Saratoga Partners, L.P.

    Publication Date: 2019-03-25
    Practice Area: Tax
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0330

    Trial court properly denied appellants' challenge to the lack of a post-tax-sale right of redemption for citizens of certain classes of counties under the real estate tax sale law as a violation of their due process and equal protection rights and the court agreed the RETSL did not violate the right to equal protection under the law and satisfied the rational basis review. Affirmed.

  • R. H. v. Dep't of Human Serv.

    Publication Date: 2019-03-25
    Practice Area: Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0326

    The Bureau of Hearing and Appeals erred in adopting the ALJ's report and finding that petitioner's appeal of an indicated report of child abuse was untimely because the department could not establish it actually mailed the notification letter to petitioner in February 2017 and he was entitled to an administrative appeal nunc pro tunc on the merits. Reversed.

  • Van Leer v. Workers' Compensation Appeal Bd.

    Publication Date: 2019-03-18
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0288

    Worker's compensation appeal board correctly found that claimant's duties as a caretaker for a woman suffering from mild dementia fell within the domestic service exception where claimant testified her job was to make sure that employer did not fall, get hurt or leave the house and she provided no medical care other than making sure employer took her medicine. Affirmed.

  • Ives v. Bureau of Prof'l & Occupational Affairs

    Publication Date: 2019-03-18
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0290

    The state board of medicine erred in finding that petitioner performed surgery that departed from the accepted standard of care because it erred in admitting the peer review transcript into evidence and erred in relying on expert's testimony since his opinion lacked a foundation and its conclusion that petitioner departed from the accepted standard of care was not supported. Reversed.

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    Authors: Stephen Fishman

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  • McCready v. Dep't of Cmty. & Econ. Dev.

    Publication Date: 2019-03-18
    Practice Area: Administrative Law | Energy and Natural Resources
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0291

    State board of property correctly found that the Pennsylvania Turnpike Commission took a fee simple estate when petitioner conveyed part of her property to the commission by deed in lieu of condemnation in 1990 for highway construction because petitioner's contentions in her quiet title action, that she did not intend to transfer the mineral rights and that commission abused its discretion in taking a fee simple estate, failed since the deed was clear and unambiguous and the commission clearly had the authority and discretion to obtai

  • Mid-Atl. Sys. of WPA, Inc. v. The Tax Office of the Municipality of Monroeville

    Publication Date: 2019-03-18
    Practice Area: Administrative Law | Tax
    Industry: Construction | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0293

    Municipal business privilege tax was not preempted by Home Improvement Consumer Protection Act where it merely preempted regulation of home improvement contractors and where HICPA's registration fee was not a true license fee, such that a municipality still could impose a tax on the general privilege of doing business within the municipality. Order of the trial court affirmed.

  • Erie Ins. Co. v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-03-11
    Practice Area: Labor Law
    Industry: Construction | Insurance
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0244

    Application for reimbursement from supersedeas fund denied where employer was made to pay medical expense benefits retroactively pursuant to a penalty petition entered after employer unilaterally withheld benefits in violation of the Workers' Compensation Act. Order of the Workers' Compensation Appeal Board affirmed.

  • Dobson Park Mgmt., LLC v. Prop. Mgmt., Inc.

    Publication Date: 2019-02-26
    Practice Area: Fee Disputes | Real Estate
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0203

    Trial court erred in granting judgment to plaintiff for return of funds where voluntary payment of funds without compulsion, despite being made under protest, was an insufficient basis for a legal cause of action for recovery. Orders of the trial court reversed, case remanded.

  • Assalita v. Midtown Square Condo. Ass'n

    Publication Date: 2019-02-26
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0209

    Trial court properly found condominium unit owner responsible for repairs to the limited common element waterline that served only her unit because the declaration ruled over the allegedly conflicting bylaw but trial court erred in assessing the amount due. Affirmed.