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Publication Date: 2024-08-23
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wolf
Attorneys: For plaintiff:
for defendant:
Case Number: 929 C.D. 2023
Trial court erred in upholding license suspension under implied consent law where a separate, explicit request to submit to chemical testing was required after reading implied consent warnings and there was inadequate evidence to find that a separate request was made. Order of the trial court reversed.
Publication Date: 2024-08-16
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 875 C.D. 2021
Trial court erred in rescinding license suspension where Vehicle Code expressly defined Accelerated Rehabilitative Disposition as a "prior offense" and case law declaring the relevant provisions of the Vehicle Code unconstitutional had been expressly overruled. Order of the trial court reversed.
Publication Date: 2024-08-16
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 827 C.D. 2020
Pennsylvania Public Utility commission correctly denied customer's request for accommodation from smart meter requirement due to insufficient evidence of adverse health effects from exposure to meters' RF emissions. Order of the PUC affirmed.
Publication Date: 2024-08-16
Practice Area: Public Records
Industry:
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 814 C.D. 2023
Election Code expressly designated digital images of completed absentee/mail-in ballots as public records, subjecting them to disclosure - with appropriate redaction of identifying information - under the Right-to-Know Law. Order of the trial court reversed in part.
Publication Date: 2024-08-16
Practice Area: Labor Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 396 C.D. 2021
Workers' Compensation Appeal Board erred in affirming the denial of a penalty petition seeking reimbursement of medical marijuana costs where neither the Medical Marijuana Act nor federal law prohibited a workers' compensation insurer or employer from reimbursing for reasonable and necessary medical marijuana treatment costs. Order of the Workers' Compensation Appeal Board reversed.
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Publication Date: 2024-08-09
Practice Area: Public Records
Industry:
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 1445 C.D. 2022
The Philadelphia District Attorney's Office appealed from the trial court's order granting a requester's statutory appeal and ordering the production of records pursuant to the Right-to-Know Law. The court vacated and remanded for the trial court to issue a decision containing findings of fact, conclusions of law, and an articulated and reasoned basis for its disposition.
Publication Date: 2024-08-09
Practice Area: Criminal Law
Industry: Entertainment and Leisure
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 413 C.D. 2021
Trial court erred in convicting hunting guide for unlawful taking of game/wildlife and use of unlawful devices/methods where the record demonstrated that defendant happened to encounter game while lawfully traveling along a public road and passed on the location of that game to hunters he had a chance encounter with. Order of the trial court reversed.
Publication Date: 2024-08-09
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 961 C.D. 2022
University could terminate police officer for discriminatory social media posts under long-standing public policy prohibiting discrimination and department policy requiring officers to exercise their duties with respect for others' rights. Petition for review granted.
Publication Date: 2024-08-09
Practice Area: Labor Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 503 C.D. 2021
Workers' compensation judge erred in reinstating total disability benefits as of the date of court decision striking down impairment rating evaluation provisions rather than the date of claimant's reinstatement petition where the court decision was not given full retroactivity. Order of the Workers' Compensation Appeal Board vacated and remanded in part and reversed in part.
Publication Date: 2024-08-09
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1312 C.D. 2022
Worker's Compensation Appeal Board decision granting employer's modification petitions and denying claimant's request for litigation cost reimbursement affirmed. Board's order denying the employer's request to set aside the stipulation of facts reversed.
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