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Publication Date: 2018-08-07
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0925
The ALJ did not abuse his discretion in finding that CYS met its burden of establishing an indicated report of child abuse against mother and boyfriend where small child suffered bruising, a liver laceration and a broken leg because ALJ found that mother's theories as to how the injuries occurred were not credible, the medical evidence showed that the injuries were the result of physical child abuse and boyfriend met the statutory definition of "perpetrator" in 23 Pa.C.S. §6303. Affirmed.
Publication Date: 2018-08-07
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0914
The trial court erred in directing the Commonwealth of Pennsylvania, Department of Transportation to allow appellant to undergo a driving examination to determine his competency where he had failed to overcome the prima facie case of incompetency established by PennDOT. The appellate court affirmed in part and reversed in part.
Publication Date: 2018-08-07
Practice Area: Employment Litigation
Industry: Construction
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0926
The board properly affirmed the WCJ's grant of employer's termination petition, even though claimant credibly testified that he continued to experience pain from the work-related injury, because employer met its burden where employer's expert credibly testified that claimant had fully recovered from the work-related injury and his pain was the result of degenerative changes unrelated to the work injury. Affirmed.
Publication Date: 2018-08-07
Practice Area: Motor Vehicle Torts
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0920
Employer bound by deemed admissions where failure to timely respond to plaintiffs' requests for admissions prejudiced them from taking depositions and discovery to support their claim tortfeasor employee was acting in scope of employment at time of accident. Judgment affirmed.
Publication Date: 2018-08-07
Practice Area: Civil Appeals | Public Records
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0921
School bus surveillance video was not exempt from disclosure under the Right-to-Know-Law pursuant to the loss of federal funding exemption where the video did not constitute an "educational record" un the federal Family Educational Rights and Privacy Act merely because it captured images of students as bystanders to an incident directly relevant to a teacher's job performance. Order of the trial court affirmed.
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Authors: GERRIT M. PRONSKE
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Publication Date: 2018-08-07
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0929
Board erred in reversing the denial of claimant's penalty petition and termination of her benefits because the issuance of the supplemental agreements during a period in which employer was paying benefits pursuant to an NTCP was not an admission of liability for the alleged work-related injury. Reversed.
Publication Date: 2018-08-07
Practice Area: Land Use and Planning
Industry: Construction | Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0923
Trial court erred in directing appellant to pay fines in a dispute over a privy and in finding that the privy ordinance applied retroactively but correctly found that trust that owned the property violated the uniform construction code by not obtaining building permits for two later-built residences and the matter was remanded for the trial court to consider the issue of religious freedom under the federal and state constitutions and the religious freedom act. Affirmed in part, reversed in part and vacated in part.
Publication Date: 2018-07-31
Practice Area: Administrative Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0713
Petitioner failed to demonstrate that employer's work rules were not uniformly enforced where both he and co-worker used "profane" and "abusive" language but only he was fired, as the record demonstrated that the conduct at issue was not the same and that petitioner's offensive conduct was more significant. The appellate court affirmed.
Publication Date: 2018-07-31
Practice Area: Family Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0879
A dependent child's foster care parents were barred from appealing the child's removal from their foster care home where the court of common pleas "initiated" the removal and, thus, the removal fell within the exception in 55 Pa. Code §3700.73(a)(2) barring an appeal. The appellate court affirmed an order dismissing petitioners' appeal.
Publication Date: 2018-07-31
Practice Area: Dispute Resolution | Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0892
Trial court properly found that it lacked jurisdiction and dismissed retired officers' mandamus claims relating to their health insurance because the claims required interpretation of a term contained in the CBA and the matter fell within an arbitrator's exclusive jurisdiction. Affirmed.
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