• Byers v. Pennsylvania Dep't of Banking & Secs.

    Publication Date: 2021-07-12
    Practice Area: Securities Litigation
    Industry: Food and Beverage | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0792

    Minority shareholder who held director and officer positions and directed company finances properly found to have "control" and therefore qualified as an affiliate personally liable for company's securities violations. Order of the Pennsylvania Banking and Securities Commission affirmed in part and reversed in part.

  • Henry v. Wolf

    Publication Date: 2021-07-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0766

    Court sustained governor's preliminary objection asserting lack of jurisdiction in petitioner's action asserting 18 Pa.C.S. §1102(a) was unconstitutionally vague because petitioner's claim was cognizable under the Post Conviction Relief Act and court transferred the matter. Preliminary objection sustained.

  • Walsh v. Isabella

    Publication Date: 2021-07-05
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0765

    Trial court did not err in denying appellant's third and fourth motions to terminate coalition's conservatorship of a blighted property under the Abandoned and Blighted Property Conservatorship Act because trial court's alleged failure to comply with time restraints in §5(a) did not deprive court of jurisdiction and appellant failed to cite any provision of the act requiring a trial court to hold a hearing on a motion to terminate. Affirmed.

  • Allegheny County Dist. Attorney's Office v. Wereschagin

    Publication Date: 2021-07-05
    Practice Area: Discovery
    Industry: State and Local Government | Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0755

    The trial court properly reversed two determinations of the Office of Open Records where the Allegheny County District Attorney's Office demonstrated that the release of certain law enforcement surveillance camera network system information would pose a security risk and, thus, should be excluded under the public safety and infrastructure security exceptions to the Right-to-Know Law. The commonwealth court affirmed.

  • Cole v. Pa. Dep't of Envtl. Prot.

    Publication Date: 2021-06-28
    Practice Area: Administrative Law
    Industry: Energy | Federal Government | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0744

    The Environmental Hearing Board erred when it dismissed petitioners' administrative appeal of a Department of Environmental Protection approval of an interstate natural gas transmission infrastructure plan, as the appeal did not fall within the exclusive jurisdiction of the third circuit under §717r(d)(1) of the federal Natural Gas Act because it was not a "civil action." The appellate court reversed.

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  • Adams v. Pennsylvania State Police

    Publication Date: 2021-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0745

    The appellate court found no merit in petitioner's argument that the lifetime registration requirement of the Sex Offender Registration and Notification Act, or SORNA I, was an improper ex post facto law as applied to him. The commonwealth court granted respondent's motion for summary relief.

  • Keita v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-06-28
    Practice Area: Employment Litigation
    Industry: Health Care | Non-Profit
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0733

    Trial court properly found claimant had fully recovered from the diagnoses related to her orthopedic and neurologic conditions from her work injury because employer's expert's credited testimony established a change in her condition from a 2012 adjudication and claimant's argument that her work injury was expanded to include a diagnosis of dementia had no support in the record. Affirmed.

  • Fremont v. Bureau of Prof'l & Occupational Affairs

    Publication Date: 2021-06-28
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0727

    Board of psychology properly found petitioner failed to comply with the standards of acceptable and prevailing psychological practice when he provided a report in response to court's ordering an evaluation of a family for custody and visitation because judge's order required a proper evaluation. Affirmed.

  • Ivy Hill Congregation of Jehovah's Witnesses v. Dep't of Human Serv.

    Publication Date: 2021-06-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0732

    DHS filed preliminary objections and petitioner filed for summary relief in its action asking for a declaration that its elders were entitled to the protections in §6311.1(b)(1) of the Child Protective Services Law and §5943 of the judicial code and court found petitioner had standing and law enforcement officials were not necessary parties but there was no evidentiary record on which to provide summary relief. Preliminary objections overruled, summary relief denied.

  • FREMCO Assoc. v. Dep't of Revenue of PA Unemployment Comp. Audit Div.

    Publication Date: 2021-06-21
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0710

    Petitioner company sought writs of mandamus and prohibition with respect to tax assessment and sought to set aside a settlement agreement as void ab initio, department filed preliminary objections asserting court lacked subject matter jurisdiction and court agreed and transferred the matter to the department for further proceedings. Preliminary objections sustained.