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  • In re: Chester Water Auth. Trust

    Publication Date: 2021-10-04
    Practice Area: Public Utilities
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1151

    The trial court erred in holding that any transfer of the City of Chester's Water Authority assets must be conducted solely by the governing body, i.e., the City, Delaware County and Chester County, since a 2012 amendment to the Municipality Authorities Act establishing these parties as the Authority's governing body did not alter the municipality's power to unilaterally obtain an authority and/or its assets. The appellate court reversed and remanded.

  • Johnson v. Pennsylvania Parole Bd.

    Publication Date: 2021-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1146

    Parole board erred in exercising discretion to only award partial credit for time spent at liberty on parole where it erroneously characterized offender's new instant offenses as violent in nature and otherwise failed to conduct an individualized assessment. Order of the parole board affirmed in part and vacated and remanded in part.

  • Greene St. Friends Sch. v. Bateman

    Publication Date: 2021-09-27
    Practice Area: Fee Disputes
    Industry: Education | Real Estate
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1114

    Defendants' due process challenge to an attorney fee award under Act 135 waived for defendants' failure to cite to legal authority in support of their arguments. Order of the trial court affirmed.

  • Alcatel-Lucent USA Inc. v. Commonwealth

    Publication Date: 2021-09-27
    Practice Area: Tax
    Industry: Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1116

    Taxpayer's constitutional challenge to disparate treatment between small and large corporations denied where taxpayer correctly paid tax in accordance with the upheld portion of a challenged tax statute. Order of the Board of Finance & Review affirmed.

  • Smith v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-09-27
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1108

    Unemployment compensation board of review properly found claimant voluntarily resigned from his position where claimant was suspended with a recommendation of termination, failed to avail himself of an offered hearing and resigned as part of a worker's compensation settlement before school board acted on his termination. Affirmed.

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  • Vellon v. Dep't of Transp.

    Publication Date: 2021-09-27
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1105

    Trial court properly denied licensee's statutory appeal of his operating privilege suspension because where licensee was sentenced on two DUIs on the same day, §3806(b)(3) caused the offenses to be prior offenses and trial court did not err in concluding licensee's second DUI was prior offense of his first DUI and §3804(e) clearly indicated department was empowered to establish whether an individual had a prior offense and to issue an operating privilege suspension on that basis. Affirmed.

  • Commonwealth v. RBC Capital Mkts. Corp.

    Publication Date: 2021-09-27
    Practice Area: Government
    Industry: Financial Services and Banking | Legal Services | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1120

    Commonwealth lacked parens patriae standing to assert professional negligence claims arising from relationship between firms and city and local authority. Parties' cross-preliminary objections sustained in part and overruled in part.

  • Brown v. City of Oil City

    Publication Date: 2021-09-20
    Practice Area: Personal Injury
    Industry: Construction | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1077

    Trial court erred in granting summary judgment in favor of contractor and subcontractor in executor's slip and fall action and failed to apply the proper standard of liability for contractors who, on behalf of the possessor of land, created a condition that caused harm after the work had been accepted by the possessor. Reversed.

  • Barsky v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-09-20
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1079

    Board erred in finding claimant's appeal was untimely because board capriciously disregarded the certified mail tracking number evidence which, while it was insufficient to show timeliness under §101.82 of the board regulations, was relevant in relation to nunc pro tunc relief under the extraordinary circumstances of this case. Vacated.

  • Mellott v. Dep't of Labor & Indus.

    Publication Date: 2021-09-13
    Practice Area: Administrative Law
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1054

    Secretary of Labor and Industry properly found that petitioner would have to retake his certification exams after failing to renew his certifications within the required time frame because department's interpretation of the uniform construction code was consistent with the language of the regulation. Affirmed.