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  • Taiani v. Zoning Hearing Bd. of Borough of Wilkinsburg

    Publication Date: 2021-12-13
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1436

    Appellant appealed zoning board order that he rebuild sidewalk and stair he removed in violation of his accessory structure permit and court found he deliberately violated the provisions of the permit and wrongfully infringed on the property right of his neighbor. Affirmed.

  • Propel Charter Sch. v. Sch. Dist. of Pittsburgh

    Publication Date: 2021-12-13
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1434

    Petitioner challenged the denial of its multiple charter school organization application and the consideration of recent school performance profile scores not available at the time the application was filed, and court found considering an applicant's most recent SPP scores furthered the intentions of the statute by permitting State Charter School Appeal Board, or CAB, to more accurately consider the potential merger's impact on affected students and petitioner failed to meet the threshold requirements to qualify for MCSO approval. Aff

  • Propel Charter Sch. v. Pennsylvania Dep't of Educ.

    Publication Date: 2021-12-06
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1421

    Petitioner appealed the denial of its appeal from a hearing officer's order and the denial of its multiple charter school organization application and court found department erred in finding petitioner had to first submit the MCSO application to the school districts before submitting it to the department, properly denied petitioner's appeal from hearing officer's decision granting the motion to supplement to include the most recent school performance profile scores and found petitioner did not qualify for MCSO approval due to its fail

  • Rodeheaver v. Bedford Pa. Court of Common Pleas

    Publication Date: 2021-12-06
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1419

    DOC filed preliminary objections to inmate's action asserting DOC illegally seized $2,500 paid to him from a retirement annuity plan pursuant to a qualified domestic relations order as a result of his mother's death and court found DOC did not err in seizing the funds from inmate's account pursuant to act 84 and inmate's constitutional claims also failed. Preliminary objections sustained.

  • Corman v. Pennsylvania Dep't of Health

    Publication Date: 2021-11-29
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1381

    Petitioner sought summary relief and an injunction to prevent acting secretary of the Pennsylvania Department of Health from enforcing a COVID-19 masking order and court found governor did not declare a new disaster emergency, acting secretary lacked authority to issue the order without complying with formal rulemaking requirements and the order was void ab initio. Summary relief granted to petitioner.

  • Law Journal Press | Digital Book

    California Legal Malpractice Law 2014

    Authors: J. Randolph Evans, Shari L. Klevens, Suzanne Y. Badawi

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  • Dep't of Corr. SCI Chester v. Faison

    Publication Date: 2021-11-29
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1389

    WCJ's finding that employee had been subjected to non-consensual sex at work merely constituted finding of abnormal working conditions for workers' compensation claim and did not constitute legal finding of criminal conduct in violation of the purported offender's due process rights. Order of the WCAB affirmed.

  • Fraternal Order of Police Lodge No. v. City of Philadelphia

    Publication Date: 2021-11-22
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1356

    Police officers were entitled to due process to challenge their placement on list for officers not to be called to testify in criminal trials due to prior allegations of misconduct, as placement on the list injured right of reputation. Order of the trial court affirmed in part and vacated and remanded in part.

  • Hibbler v. Pennsylvania Parole Bd.

    Publication Date: 2021-11-22
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1353

    Parole board did not err in declining to award any credit for time spent at liberty on parole where parolee had committed murder while on parole. Order of the parole board affirmed.

  • PublicSource v. Pennsylvania Dep't of Health

    Publication Date: 2021-11-22
    Practice Area: Public Records
    Industry: Non-Profit | State and Local Government | Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1360

    Requesters appealed Office of Open Records' upholding department of health's denial of part of requester's Right-to-Know Law request and court found the 2019 and 2020 information requesters sought was still in its raw form and not yet available for public access and the Vital Statistics Law's confidentiality provisions strictly prohibited department from disclosing raw data to requesters. Affirmed.

  • Davita, Inc. v. Rogers

    Publication Date: 2021-11-22
    Practice Area: Labor Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1354

    Workers' compensation judge properly granted employee's claim petition after crediting the employee's treating physician's testimony which opined that the injuries employee had complained of were causally related to her work accident. Order of the Workers' Compensation Appeal Board affirmed.