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  • DiLaqua v. Workers' Comp. Appeal Bd.

    Publication Date: 2022-01-10
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0001

    Board erred in applying an incorrect burden of proof to the rebuttable presumption in §301(e) of the Workers' Compensation Act and erred in ruling claimant failed to meet his burden of proving a work-related injury and court found claimant only had to prove he suffered from an occupational disease listed in §108 of the act for the presumption to apply and it was not clear whether the general assembly intended the "[d]iseases of thelungs" referred to in §108 to include Reactive Airways Dysfunction Syndrome, asthma or a pulmonary condi

  • Altoona First Sav. Bank v. Twp. of Logan

    Publication Date: 2022-01-10
    Practice Area: Real Estate
    Industry: Financial Services and Banking | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0011

    Trial court erred in granting partial summary judgment where there were outstanding factual disputes regarding whether a foreclosing lender assumed the mortgagor's proprietary development interests or willfully took on development activities. Partial summary judgment reversed, case remanded.

  • Fultze v. Pennsylvania Parole Bd.

    Publication Date: 2022-01-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1506

    Petitioner appealed board's decision rescinding his parole to the court via a pro se petition for review even though board had not ruled on his administrative remedies form and court found it lacked jurisdiction to consider the appeal since it was filed prematurely. Petition quashed.

  • Cent. Pennsylvania Radiation Oncology, P.C. v. The Good Samaritan Hosp. of Lebanon

    Publication Date: 2022-01-03
    Practice Area: Corporate Entities
    Industry: Health Care | Non-Profit
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1522

    The trial court did not err in finding that there was neither a joint venture nor a partnership created between the parties where the evidence failed to demonstrate that there was any fiduciary duty between the parties or that plaintiff had any right of mutual control. The commonwealth court affirmed.

  • Wright v. Town of McCandless Zoning Hearing Bd.

    Publication Date: 2021-12-27
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1489

    Trial court erred in finding plaintiff lacked standing to appeal zoning board's grant of a variance and court found trial court applied the wrong legal analysis and did not consider whether plaintiff had standing to appeal based on party status before the board. Vacated and remanded.

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    Georgia Business Litigation 2024

    Authors: Robert C. Port

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  • Kolenich v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-12-27
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1488

    Board erred in finding claimant adjunct professor ineligible for unemployment benefits where he worked for three colleges and only one gave him reasonable assurance of employment for the next term because claimant's loss of employment at two of the colleges where he worked did not trigger the exception in §402.1(1) since neither of those educational institutions gave him reasonable assurance of employment. Reversed.

  • Sherwood v. Dep't of Corr.

    Publication Date: 2021-12-20
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1475

    Petitioner moved for summary relief in his challenge to the deduction of fees and costs from his inmate account after he received a $15,000 settlement payment and court found all the deductions were proper except for one $500 restitution order which required remand. Motion denied.

  • Pearlstein v. Commonwealth

    Publication Date: 2021-12-20
    Practice Area: Tax
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1469

    Petitioner taxpayers sought review of board's assessment of personal income tax for taxpayers' net gains owed on the like-kind of exchanges of real property during the 2013 and 2014 tax years and court affirmed the assessment based on an analysis of the Tax Reform Code and PIT regulations. Affirmed.

  • Campbell v. Pennsylvania Interscholastic Athletic Ass'n

    Publication Date: 2021-12-20
    Practice Area: Public Records
    Industry: Education | Non-Profit | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1464

    Pennsylvania Interscholastic Athletic Association was a public entity subject to the Right-to-Know Law where its board included public education officials and the association received its funding through membership dues paid by taxpayer-funded public schools and school districts. Order of the Office of Open Records affirmed as modified.

  • R.S. v. Hempfield Area Sch. Dist.

    Publication Date: 2021-12-20
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1473

    School district appealed trial court's preliminary injunction ordering school district to provide student with in-person learning and court found trial court lacked reasonable ground to conclude student had a likelihood of success on the merits because settlement agreement between student and his prior school district could not nullify the adjudication issued by prior school board finding student was in possession of a weapon on school property. Reversed.