• Chester Housing Auth. v. Pohala

    Publication Date: 2017-12-12
    Practice Area: Discovery | Privacy
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1805

    Defendants request for the home addresses of township tenants receiving Section 8 housing benefits represented an intrusion on the tenants constitutional right to privacy in their home addresses, and the township failed to demonstrate a significant government interest that outweighed the tenants right to privacy in that information. The court reversed a court order directing disclosure.

  • Songer v. Cameron County Bd. of Assessment Appeal

    Publication Date: 2017-12-12
    Practice Area: Tax
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1820

    Trial court erred in holding that school district failed to establish a prima facie case in taxpayers property assessment challenge because the boards assessment records were introduced into evidence without objection and taxpayers failed to overcome the validity of the assessment when they offered no evidence as to the actual market value of the parcels. Reversed and remanded.

  • Nigro v. City of Philadelphia

    Publication Date: 2017-12-12
    Practice Area: Constitutional Law | Government | Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1816

    Trial court properly held that the salary reduction ordinance was not void in its entirety ab initio and the salary restoration ordinance did not retroactively increase the salaries of the commissioners of the board of revision of taxes. Affirmed.

  • Northern Chester County Sportsmens Club v. Muller

    Publication Date: 2017-12-12
    Practice Area: Corporate Governance
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1817

    Trial court properly upheld nonprofit sportsmens clubs suspension of member, his removal from his board position and the refusal to renew his membership because his use of his position to act unilaterally for the club in violation of instructions from the board was cause to remove him from his board position and his refusal to return the clubs membership records was cause for his suspension. Affirmed.

  • Waverly Heights, Ltd. v. Unemployment Compensation Bd. of Review

    Publication Date: 2017-12-05
    Practice Area: Administrative Law | Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1717

    Board properly found that employee was not disqualified from receiving unemployment benefits for willful misconduct because employer did not show disqualifying conduct in employees personal tweet about politics where employee did not violate employers social media or communication policies since the tweet was on her personal account and did not identify employer or link to employers website or twitter account. Affirmed.

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    Antitrust Basics

    Authors: Thomas V. Vakerics

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  • Simpson v. Dept of Transportation

    Publication Date: 2017-12-05
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1776

    Trial court properly upheld the suspension of appellants operating privileges after he was convicted in New Jersey of driving after underage drinking because even if the suspension notice incorrectly referenced the section of the law, there was no evidence that appellant was misled, the notice comported with the directive in 75 Pa.C.S. §3804(e)(2)(iv)(B) and §1586 eliminated the comparison of differing degrees of impairment between Pennsylvanias and other states DUI offenses. Affirmed.

  • Justice v. Lombardo

    Publication Date: 2017-12-05
    Practice Area: Civil Rights | Government
    Industry:
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1770

    State trooper entitled to sovereign immunity against intentional tort claims arising from allegations of excessive force during handcuffing, where the use of force was authorized and expected during the performance of duties within the scope of employment. Order of the trial court reversed.

  • London v. Zoning Bd. of Phila.

    Publication Date: 2017-12-05
    Practice Area: Administrative Law | Constitutional Law | Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Oler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1771

    Zoning ordinance regulating adult cabarets was neither unconstitutionally overbroad nor void for vagueness where a reasonable person would understand the language of the ordinance was restricted solely to sexually-oriented businesses rather than restricting other forms of performance entitled to greater First Amendment protections. Order of the trial court affirmed.

  • In Re: Seminerio

    Publication Date: 2017-12-05
    Practice Area: Government
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1768

    Order for appointment to office of constable not subject to exclusive appellate jurisdiction of Pennsylvania Supreme Court, where constable did not exercise policy-making authority characteristic of public offices subject to the supreme courts exclusive jurisdiction. Order of the trial court affirmed.

  • Mt. Lebanon Sch. Dist. v. J.S.

    Publication Date: 2017-11-28
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1719

    Hearing officer erred in requiring school district to provide middle school student with transportation to the high school for his class as part of his gifted individualized education plan because 24 P.S. §13-1374, by its plain terms, did not require the district to provide transportation, district was a walking district and it applied the rule uniformly. Reversed.