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Publication Date: 2024-09-13
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 379 M.D. 2024
Objectors petitioned to set aside nomination papers of the Socialism and Liberation candidates for President and Vice President of the United States in the November 2024 general election. The court granted the petition, holding that Socialism and Liberation's nomination papers and slate of candidates had to be struck where seven of the body's presidential electors were registered Democrats and thus were disqualified under the Pennsylvania Election Code's disaffiliation provision.
Publication Date: 2024-09-13
Practice Area: Administrative Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Wallace
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Case Number: 651 C.D. 2023
No error in suspending license of a teacher who knowingly allowed a paramour who had been designated a sexually violent predator into her home with her minor daughter, which led to her charges of endangering the welfare of a child. Order of the Professional Standards and Practices Commission affirmed.
Publication Date: 2024-09-13
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 390 C.D. 2023
Petitioner sought review of an administrative order adopting an administrative law judge's recommendation and dismissing as untimely its appeal from certain agency actions. The court affirmed, holding that by merely asserting lack of notice below, petitioner failed to overcome the presumption of service under the mailbox rule and demonstrated no basis for nunc pro tunc relief after its failure to timely appeal the disputed agency decisions. The court held further that petitioner waived its various arguments by failing to present them,
Publication Date: 2024-09-06
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 221 C.D. 2023
Trial court erred in finding tax claim bureau took reasonable efforts to locate property owner by relying on bureau's statutory publication requirement and where the bureau failed to follow all statutorily listed methods and instead focused on the property owner's failure to update her registered address. Order of the trial court reversed.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
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Case Number: 1498 C.D. 2022
Trial court erred in granting civil forfeiture of defendant's vehicle where Commonwealth presented no evidence that defendant regularly used the vehicle as part of his drug transactions to support finding that the vehicle was an instrumentality of defendant's criminal activity. Order of the trial court reversed.
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Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 1440 C.D. 2021
Where appellant did not admit to providing an insufficient breath sample and there was no evidence regarding the breath test from the administering officer, the trial court erred in concluding that appellant had refused breath testing. Order of the trial court vacated and remanded.
Publication Date: 2024-09-06
Practice Area: Labor Law
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 942 C.D. 2023
Employer petitioned for review of an order of the Workers' Compensation Appeal Board affirming in part and reversing in part the order of a Workers' Compensation Judge that granted employee's claim petition. The court affirmed in part, reversed in part, and remanded for further proceedings, holding that the WCJ's findings that a claimant suffered knee and lower back injuries were not adequately reasoned where the injury descriptions were too general and vague to permit effective review.
Publication Date: 2024-09-06
Practice Area: Administrative Law
Industry: Hospitality and Lodging | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
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Case Number: 529 C.D. 2022
Trial court abused its discretion in imposing a de minimis fine in response to a landlord's failure to remediate serious fire code violations for over two years. Order of the trial court reversed.
Publication Date: 2024-09-06
Practice Area: Land Use and Planning
Industry: Hospitality and Lodging | Real Estate
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 70 & 71 C.D. 2023
Plaintiff property owners appealed the trial court's order denying their request for injunctive and declaratory relief in their action challenging their homeowners' association's restrictions on short-term rentals. The court affirmed in part, reversed in part, and remanded with directions for entry of a declaratory judgment in favor of plaintiffs that the association's bylaw amendment restricting short-term rentals was void and unenforceable.
Publication Date: 2024-09-06
Practice Area: Criminal Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
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for defendant:
Case Number: 262 C.D. 2023
The court reversed the decision of the trial court that sustained the statutory appeal of licensee from a one-year suspension of her operating privileges for refusing to submit to chemical testing under the implied consent law.
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