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Publication Date: 2018-05-15
Practice Area: Administrative Law | Regulation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0578
The liquor control board did not err or abuse its discretion in granting townships petition for an exemption from the amplified sound re-strictions for a liquor-licensed premises because case law showed that the noise standard in the townships ordinance was not subjective, nothing in the liquor code required a municipalitys noise ordinance to be as restrictive as the amplified sound restrictions in the liquor code and the township and police enforced the noise ordinance regardless of whether complaints were made from within or outs
Publication Date: 2018-05-15
Practice Area: Public Utilities
Industry: Energy
Court: Commonwealth Court
Judge: Judge Jubelirer
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for defendant:
Case Number: 18-0570
Limitation on service terms from electricity generation suppliers to low-income customers within scope of PUCs authority where necessary to remedy problem of customers exhausting subsidies on EGSs charging more than the default rate. Order of the Public Utility Commission affimed.
Publication Date: 2018-05-15
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
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Case Number: 18-0577
Petitioner was entitled to summary relief on the count in his petition asserting that applying SORNA to him would violate the ex post facto clauses of the United States and Pennsylvanias constitutions because petitioner committed his crimes and entered his plea of nolo contendere long before SORNA went into effect and when the registration requirements for attempted rape and rape were much less onerous. Petition granted.
Publication Date: 2018-05-08
Practice Area: Administrative Law | Regulation
Industry: Pharmaceuticals
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
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Case Number: 18-0518
Petitioner failed to exhaust its administrative remedies in its challenge to the department of healths processing of dispensary permit ap-plications because petitioner did not present a facial constitutional challenge to the act or temporary regulations so the constitutional exception to the doctrine of exhaustion of remedies did not apply and petitioner did not show that the departments administrative remedy was inadequate. Petition dismissed.
Publication Date: 2018-05-01
Practice Area: Administrative Law | Labor Law
Industry: Consulting
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
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Case Number: 18-0506
Claimant was not an independent contractor where he did not set out his rate of pay or hold himself out as being in business for himself, but record was insufficient to determine whether claimant was employed by the alleged employer. Order of the UCBR affirmed in part and reversed in part, case remanded.
Law Journal Press | Digital Book
Authors: Peter C. Ward
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Publication Date: 2018-05-01
Practice Area: Personal Injury
Industry: Federal Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0513
Trial court correctly found that appellee Cuthbert was entitled to sovereign immunity because she was acting within the scope of her duties when she made allegedly defamatory statements about appellant to other employees and the unemployment compensation representative but trial court erred in dismissing appellants claim that appellee made knowingly false statements to third parties because appellants allegations were sufficient to overcome appellees preliminary objections on that point. Affirmed in part, reversed in part.
Publication Date: 2018-05-01
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 18-0417
The State Board of Cosmetology erred by assuming facts not in evidence when it rejected the Bureau of Occupational Affairs recommendation that licensees esthetician license be suspended based on a prior felony conviction, but with the suspension immediately stayed so she could continue to work. The court reversed and remanded the Boards adjudication.
Publication Date: 2018-05-01
Practice Area: Class Actions | Constitutional Law | Transportation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
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Case Number: 18-0509
Trial court erred by creating and imposing its own remedy without notice to or input from the parties in licensees putative class action seeking refunds from the PPA for fees and assessments it imposed under a law later found to be unconstitutional and the trial court abdicated its duty by denying the requested refunds and directing an administrative review. Reversed.
Publication Date: 2018-04-24
Practice Area: Constitutional Law | Regulation
Industry:
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
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Case Number: 18-0476
Restrictions on inmates receipt of published materials is constitutionally firm where reasonably related to legitimate penological objectives of security and rehabilitation. Preliminary objections sustained, cross-preliminary objections overruled, petition dismissed.
Publication Date: 2018-04-24
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0475
Use of confidential child abuse expungement proceeding testimony in subsequent licensure disciplinary proceeding warranted under due process grounds preliminary objections of the Bureau of Hearings and Appeals overruled.
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