• J.B. v. Pennsylvania State Police

    Publication Date: 2022-04-11
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0388

    Petitioner alleged the registration and reporting requirements under SORNA II were punitive as applied to him in violation of the ex post facto clauses of the United States and Pennsylvania constitutions and court found the petition failed to state a claim upon which relief could be granted.

  • Turns v. Dauphin County

    Publication Date: 2022-04-04
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0359

    Trial court properly found appellant was entitled to the original purchase price and real estate taxes paid on a property sold at a tax sale in 1973 because the sale was void ab initio since the property did not actually exist and properly denied appellant's claims for compound interest or attorney fees. Affirmed.

  • Troiani Group v. City of Pittsburgh Bd. of Appeals

    Publication Date: 2022-04-04
    Practice Area: Administrative Law
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0360

    Trial court erred in reversing board's decision to deny a demolition plan for a six-story building because board's decision reflected that the board, informed by its members' expertise, weighed the record evidence and disagreed with plaintiff's experts regarding the need for preemptive demolition of adjacent structures as a safety measure. Reversed.

  • Bark v. Sooner Steel, LLC

    Publication Date: 2022-04-04
    Practice Area: Labor Law
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0364

    Workers' compensation claimant satisfied exception to "going and coming rule" where credited testimony showed that employer provided means of travel to and from work sites and compensated employees for their travel time. Order of the Workers' Compensation Appeal Board reversed, case remanded.

  • Medina v. Harrisburg Sch. Dist.

    Publication Date: 2022-04-04
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0355

    District properly removed plaintiff, despite his argument that §1089 of the school code applied, from his position as business administrator and reassigned him to a different position with a substantial salary reduction because plaintiff was not a professional employee as defined in the school code, his reassignment was not a removal but a demotion and was not subject to any hearing requirement. Affirmed.

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    New Jersey Uniform Commercial Code 2018

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  • Farrier v. Lee's Painting & Roof Coating

    Publication Date: 2022-04-04
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0368

    Second termination petition ruling did not contradict the findings of a first petition ruling where workers compensation judge cited to evidence in the record supporting a finding that claimant's physical condition had improved since the first petition. Order of the Workers' Compensation Appeal Board affirmed.

  • Stout v. Unemployment Comp. Bd. of Review

    Publication Date: 2022-04-04
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0361

    Board erred in denying unemployment benefits based on claimant's alleged conscious intent to quit and court found claimant made necessary and reasonable efforts to preserve his employment by remaining in contact with employer, attempting to obtain Family and Medical Leave Act paperwork in multiple formats and complete it and conditions outside claimant's control caused many of the difficulties in getting the FMLA paperwork to his physician. Reversed.

  • Circle of Seasons Charter Sch. v. Nw. Lehigh Sch. Dist.

    Publication Date: 2022-03-28
    Practice Area: Tax
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0337

    Trial court erred in dismissing appellant's complaint seeking a refund for real estate taxes paid after county improperly reclassified its school properties as taxable because trial court should have transferred appellant's complaint to the appeals board for a decision on whether county's assessment notices were valid, whether the properties were taxable and whether appellant was entitled to a refund. Reversed.

  • Murray v. Shaler Twp. Zoning Hearing Bd.

    Publication Date: 2022-03-28
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0333

    Appellants challenged zoning certificate that allowed an accommodation of up to six non-related individuals with traumatic brain injuries to live in area zoned for only up to three unrelated people living together and court found settlement agreement reached in federal court was not valid and enforceable because it bypassed the ordinance without court approval and company did not satisfy its initial burden of showing that the requested accommodation was necessary to afford handicapped persons an equal opportunity to use and enjoy a dw

  • Muth v. Pub. Sch. Employees' Ret. Bd.

    Publication Date: 2022-03-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0334

    Public School Employees' Retirement System filed preliminary objections to petitioner's action seeking a court order declaring she, as a board member, was entitled to review the documents she had requested and court overruled PSERS' objections because the records petitioner sought were related to a current PSERS asset, were "reasonably related" to her duties as a board member and she had a fiduciary obligation to exercise due diligence to manage and control PSERS funds. Objections overruled.