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  • Victory Bank v. Commonwealth

    Publication Date: 2018-07-31
    Practice Area: Tax
    Industry: Financial Services and Banking
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0888

    Board properly denied commercial bank's petition for a refund of the sales tax it paid on computer hardware, software and services pursuant to FISE regulation, 61 Pa. Code §46.9, because statutory changes had superseded the definition of "construction contract" in subsection (c)(1) upon which taxpayer relied and the regulation had to give way to the statute. Affirmed.

  • Carletti v. Commonwealth, Dept. of Transportation

    Publication Date: 2018-07-31
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0868

    Defendant was entitled to a new trial in this personal injury action where the trial court erred in failing to give the jury proper limiting instructions regarding an expert's use of hearsay evidence from a non-testifying witness's deposition in forming his opinion. The appellate court reversed and remanded for a new trial.

  • Vetri Navy Yard, LLC v. Dep't of Community and Economic Dev.

    Publication Date: 2018-07-31
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0894

    Secretary's order correctly held that petitioner's Keystone Opportunity Zone benefits for 2013, 2014 and 2015 were subject to recapture under §902(a) and that no waiver could be granted under §902(b) but erred in denying petitioner's request for KOZ benefits for the month of January 2016. Affirmed in part and reversed in part.

  • In re Escheatment of Matured, Unredeemed, and Unclaimed U.S. Savings Bonds

    Publication Date: 2018-07-17
    Practice Area: Civil Procedure
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0835

    The notice proposed by treasurer as part of an escheatment proceeding pursuant to §1301.10(b) of the fiscal code to reunite matured, unredeemed and unclaimed U.S savings bonds with their owners was defective because the treasurer needed to modify the notice to correct the internal inconsistencies created by rule 430(b)(1)'s application in these particular circumstances. Application denied.

  • Support Center for Child Advocates v. DHS

    Publication Date: 2018-07-17
    Practice Area: Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0832

    Bureau of hearings and appeals properly held that child's guardian ad litem was not entitled to intervene in child's father's appeal from the expungement hearing because GAL had no right to intervene under SPO rule1 or §35.28 of GRAPP since GAL stated no interest such that his participation was in the "public interest" and child's interest in the expungement hearing was the same as that of DHS and was protected by DHS. Affirmed.

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    Authors: Jason D. Krieser, Shawn C. Helms, Heather S. Bethancourt

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  • E. Coast Vapor, LLC v. Pennsylvania Dept. of Revenue

    Publication Date: 2018-07-17
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0802

    Imposition of tobacco tax upon e-cigarette products containing nicotine derived from sources other than tobacco did not violate substantive due process where rationally related to state objectives of defraying health costs of nicotine and tobacco use and discouraging consumption of such products. Application for summary relief denied in part and granted in part.

  • City of Pittsburgh v. Fraternal Order of Police Fort Pitt Lodge No. 1

    Publication Date: 2018-07-10
    Practice Area: Dispute Resolution | Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0806

    An Act 111 arbitrator who resolved a grievance between the City of Pittsburgh and the union representing the City's police personnel exceeded her authority when she fashioned a remedy for officers' loss of "pass days" while acknowledging that such a remedy did not exist in the applicable collective bargaining agreement. The appellate court affirmed the trial court's order.

  • Carr v. Commonwealth, Dept of Transportation et al

    Publication Date: 2018-07-03
    Practice Area: Employment Litigation
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0734

    The State Civil Service Commission erred in holding that a public employee's speech on Facebook about an allegedly unsafe school bus driver did not touch on matters of public concern, as the controversial nature of her statements was irrelevant to whether they dealt with a matter of public concern. The appellate court reversed and remanded.

  • Young v. Bd. of Probation and Parole

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0793

    Parole board erred in revoking petitioner's sentence credit previously awarded in his prior recommitment as a convicted parole violator because the statute required the board to decide whether to award or deny credit for street time upon a parolee's recommitment as a convicted parole violator and once the board granted sentence credit for street time, it was gone. Reversed.

  • Western Pennsylvania Annual Conference of the United Methodist Church v. City of Pittsburgh

    Publication Date: 2018-07-03
    Practice Area: Land Use and Planning
    Industry: Non-Profit | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0800

    Trial court properly vacated a structure's historic designation because city council never voted on the issue and the code required the af-firmative vote of six members of city council if the structure's owner objected to the designation, which in this case it did, and city's assertion that the "deemed approval" provision prevailed as the more recently enacted provision failed because both provisions were enacted in the same ordinance. Affirmed.