• Serota v. Mager

    Publication Date: 2023-11-27
    Practice Area: Real Estate
    Industry: Non-Profit | Real Estate
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 820 C.D. 2021

    Trial court did not err in authorizing receiver, rather than a special litigation committee, to investigate appellant Serota's demand and determine whether a derivative action was in the association's best interest and in deferring to receiver's recommendation. Affirmed.

  • McHenry v. The Goodyear Tire & Rubber Co.

    Publication Date: 2023-11-27
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 373 C.D. 2022

    Trial court properly denied defendant's motion to dismiss for lack of subject matter jurisdiction because, where a former employee's occupational disease was not compensable since it did not result in total disability and trigger the occupational disease savings clause and former employee was not subject to the exclusive remedies defined in the Pennsylvania Occupational Disease Act. Affirmed.

  • City of Pittsburgh v. Fraternal Order of Police

    Publication Date: 2023-11-27
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1076 C.D. 2022

    Arbitrator properly found for Fraternal Order of Police in its grievance over termination of health insurance for surviving spouses of retired police officers because arbitrator's award was based on arbitrator's interpretation of disputed terms and conditions in the CBA and was entitled to deference. Affirmed.

  • Myers v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2023-11-20
    Practice Area: Public Utilities
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1337 C.D. 2019

    PUC properly denied petitioner's petition seeking to prohibit the installation of a smart electric meter at his home because the supreme court's holding in Povacz v. PUC, 280 A.3d 975, resolved the issues in this case. Affirmed.

  • Sutton v. Pennsylvania State Police

    Publication Date: 2023-11-20
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 886 C.D. 2021

    Trial court properly granted relief under 18 Pa. C.S. §6105(d)(3) in petitioner's action seeking restoration of his right to possess a firearm because the expunction of his convictions under Maryland law removed the existence of any "conviction" for purposes of a federal firearms restriction and any error in granting relief under 18 Pa.C.S. §6105.1(a) was harmless. Affirmed.

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  • Thomas v. Pennsylvania Parole Bd.

    Publication Date: 2023-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1173 C.D. 2022

    Board did not err in rescinding petitioner's automatic reparole after he was found guilty of a contraband misconduct while serving his recommitment because DOC expressly found his misconduct involved a controlled substance and 61 Pa.C.S. §6138(d)(5)(i) authorized board to rescind his automatic reparole. Affirmed.

  • Pennsylvania State Police v. Drake

    Publication Date: 2023-11-20
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 235 C.D. 2022

    Administrative Law Judge erred in overturning denial of concealed carry license application where the setting aside of a nolo contendere plea in California did not fully expunge the conviction and thus applicant was subject to prohibitions on firearm ownership. Order of the Office of the Attorney General reversed in part and vacated in part and remanded.

  • In re Upset Sale, Tax Claim Bureau of Tioga County

    Publication Date: 2023-11-20
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1285 C.D. 2022

    Trial court properly found the challenged tax sale of appellant's property was properly noticed, the property was posted, appellant received personal service of the notice and there was no legal basis to award equitable relief based on the sale price. Affirmed.

  • E. Penn Twp. v. Swartz

    Publication Date: 2023-11-13
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 769 C.D. 2022

    Trial court properly denied appellant's motion to enforce a settlement agreement of a dispute concerning zoning violations because evidence showed the parties never came to a meeting of the minds. Affirmed.

  • Dunetz v. Charles H. Sacks D.M.D., P.C.

    Publication Date: 2023-11-13
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 302 C.D. 2022

    Board properly upheld Workers' Compensation Judge's decision reinstating claimant's benefits as of the date of the reinstatement petition, rather than the date of the original impairment rating evaluation, court's statements in Dana Holding Corp. v. Workers' Compensation Appeal Bd., 232 A.3d 629, regarding the availability of an equitable balancing test and retroactive application of Protz v. Workers' Compensation Appeal Bd., 161 A.3d 827 in extraordinary cases did not require reversal of board's decision and board properly applied pr