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Publication Date: 2021-11-01
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1277
The Department of Agriculture erred in imposing ongoing penalties upon petitioner, a class IV animal kennel license holder, for two discrete unauthorized transfers of dogs in excess of the number allowed since his conduct involved two separate and discrete violations of the Dog Law, warranting separate penalties. The commonwealth court reversed in part.
Publication Date: 2021-10-25
Practice Area: Real Estate
Industry: Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
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for defendant:
Case Number: 21-1230
Jury erred in awarding verdict in line with public agency's expert's valuation opinion where the expert erred in concluding what data could not be used for a fair market valuation and assumed facts directly opposed to the uncontroverted evidence offered by condemnee. Order of the trial court reversed, case remanded for new trial.
Publication Date: 2021-10-25
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 21-1246
Department filed preliminary objections to inmate's petition asking court to order a new investigation, issue a declaratory judgment that DOC mishandled his sexual assault allegations and issue an injunction requiring DOC to comply with the Prison Rape Elimination Act and court found inmate did not raise a viable constitutional challenge and PREA created no private cause of action. Objections sustained and petition dismissed.
Publication Date: 2021-10-18
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 21-1207
Board filed preliminary objections to inmate's mandamus action over board's repeated denial of parole and court found inmate stated viable claims in mandamus for violation of the ex post fact prohibitions and for a violation of substantive due process based on board's alleged failure to consider the statutory standards for denying parole. Preliminary objections overruled.
Publication Date: 2021-10-11
Practice Area: Employment Litigation
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
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for defendant:
Case Number: 21-1168
Claimant appealed the finding he was not entitled to unemployment benefits because he quit without a necessitous and compelling reason where he quit after a coworker threatened to beat him up and court found board's decision did not allow effective appellate review and remanded for factual findings and the application of the appropriate legal standard. Vacated.
Law Journal Press | Digital Book
Authors: Barry S. Goodman
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Publication Date: 2021-10-11
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1169
Trial court erred in holding that public advocate could not appeal from a rate determination because city ordinance expressly authorized an appeal from a rate determination to the trial court, erred in approving city treasurer's non-recusal and erred in finding hearing officer report was sufficient but properly found the ratemaking procedure generally provided public advocate adequate participation. Affirmed in part, reversed in part, vacated in part and remanded.
Publication Date: 2021-10-04
Practice Area: Labor Law
Industry:
Court: Commonwealth Court
Judge: Judge Crompton
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Case Number: 21-1142
Act 111 was not an unconstitutional delegation of legislative authority as the legislature merely adopted an existing set of standards as its own, nor did adoption of the statute affect an employee's workers' compensation benefits but merely changed the procedure by which an employer could seek modification of benefits. Order of the Workers' Compensation Appeal Aboard affirmed.
Publication Date: 2021-10-04
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Crompton
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for defendant:
Case Number: 21-1135
Inmate argued respondents unconstitutionally deducted funds from his inmate account to collect court costs and court found respondents did not violate inmate's federal or constitutional rights by deducting the funds under 42 Pa.C.S.§9728(b.2). Petition dismissed.
Publication Date: 2021-10-04
Practice Area: Tax
Industry: Entertainment and Leisure
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1137
Trial court properly held township could levy an amusement tax of seven percent because the language of 53 Pa. C.S. §8402(c)(2) clearly provided that the existence of a prior Amusement Tax Ordinance allowed townships to impose a tax rate above 5 percent and whether former ATO was repealed or amended was immaterial. Affirmed.
Publication Date: 2021-10-04
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
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for defendant:
Case Number: 21-1134
Trial court properly set aside the tax sale of owner's property where tax claim bureau admitted it could not prove owner received statutory notice of the sale and purchasers' argument that they were indispensable parties failed because there was no language in the tax sale law to support the claim they were indispensable parties to the proceeding to set aside the tax sale of a property for which they were the successful bidders. Affirmed.
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