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  • Valenta v. Workers Compensation Appeal Bd.

    Publication Date: 2018-01-02
    Practice Area: Administrative Law | Employment Litigation
    Industry: Health Care | Insurance
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1893

    WCJ properly granted employers modification petition seeking to reduce claimants benefits based on an earning capacity because the labor market survey and earning power assessment listed six jobs, employers and claimants treating physician both testified that she was capable of performing some type of work, WCJ found employers witnesses more credible and claimants evidence of unsuccessful applications to the jobs listed in the LMS/EPA was relevant but not dispositive with regard to earning power. Affirmed.

  • DeGrossi v. Pennsylvania Dept. of Transp., Bureau of Driver Licensing

    Publication Date: 2017-12-26
    Practice Area: Administrative Law | Regulation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1846

    Drivers license suspension properly set aside due to delay between conviction and suspension attributable to court clerks office, where inquiry on whether to set aside suspension was focused on the prejudice suffered by the licensee due to the delay, rather than the length of the delay itself. Order of the trial court affirmed.

  • City of Bethlehem v. Kanofsky

    Publication Date: 2017-12-26
    Practice Area: Government | Real Estate | Regulation
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1843

    The City of Bethlehem met its burden of establishing that defendants property required a conservator where it produced uncontroverted testimony about the propertys blighted, deteriorated and unsafe condition and defendants failure to take remedial action. The court affirmed an order granting a petition for conservatorship.

  • 1400 North Third St. Enterprises, Inc. v. City of Harrisburg, License and Tax Appeal Bd.

    Publication Date: 2017-12-26
    Practice Area: Legislation | Regulation
    Industry: Food and Beverage | Real Estate
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1842

    The trial court did not err when it held that §611 of Pennsylvanias Liquor Code preempted the City of Harrisburgs nonrenewal of a liquor license based upon alleged nuisance activity at the licensed premises. The court affirmed the trial courts order.

  • Francisville Neighborhood Dev. Corp. v. Estate of Moore

    Publication Date: 2017-12-26
    Practice Area: Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1847

    Seller of blighted property was statutorily obligated to pay a conservators fees to the petitioner for conservation, even before the petitioner was appointed conservator. Order of the trial court affirmed.

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    Authors: Stephen Fishman

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  • Patterson v. Shelton

    Publication Date: 2017-12-26
    Practice Area: Dispute Resolution
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1312 C.D. 2016

    Trial court erred in denying appellants motion to quash prior orders in a long standing dispute over the use of church assets because af-ter the appellate court affirmed the trial courts decision that it lacked subject matter jurisdiction over appellants nonprofit corporation law claims on the basis that resolution of those issues would require the trial court to interpret religious doctrine, any prior decisions relating to those claims were null and void and the only remaining valid determination in the case was the binding arbitr

  • Kaite v. Unemployment Compensation Bd. of Review

    Publication Date: 2017-12-26
    Practice Area: Administrative Law | Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1850

    Unemployment Compensation Board of Review erred in denying benefits to employee who was terminated for refusing to undergo fingerprinting for employer-mandated background checks, where the employee held a sincere religious belief commanding against fingerprinting. Order of the Unemployment Compensation Board of Review reversed.

  • Paluch v. Dept of Corrections

    Publication Date: 2017-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1853

    The court granted respondents preliminary objections to inmates complaint asserting common law torts, constitutional and mandamus claims over spending decisions made with funds in the inmate general welfare fund and the destruction of some of his personal property because the DOCs fiscal administration policy did not provide prisoner IGWF representatives with the authority to approve, veto or vote on how the monies were spent, inmates claims were barred by sovereign immunity and the inmate grievance system was an adequate post-dep

  • Appeal by Grande Land, L.P.

    Publication Date: 2017-12-12
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1802

    Pursuant to In re Drumore Crossings, L.P, the minimum requirement established by §504.2 of the North Manheim Townships zoning ordinance only required a special exception applicant to represent that it would employ a sewage disposal system regularly approved by Department of Environmental Protection, not that the department had approved of a specific system. The court affirmed the trial courts order.

  • Dept. of Corr. v. Pennsylvania State Corr. Officers Assn

    Publication Date: 2017-12-12
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1812

    Arbitration award reducing corrections officers discipline from termination to suspension violated essence test where award stated officer should not perform core function of inmate supervision, thereby infringing on departments managerial rights to have officers without limitations on duties. Arbitration award vacated.