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  • Neshaminy Sch. Dist. v. Pennsylvania Human Relations Comm's

    Publication Date: 2021-06-21
    Practice Area: Civil Rights
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0712

    Commission erred in finding school district's use of Native American imagery and logos was harmful to non-Native American students by creating impermissible stereotypes because since commission dismissed the claims alleging harm to Native American students, there was no predicate under §5(i)(l) to sustain the claims for harm to non-Native American students. Reversed.

  • Jack Lehr Elec. v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-06-21
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0708

    Board properly found claimant was not ineligible for benefits under §402(e.1) where claimant tested positive for marijuana in a random drug test after telling employer he had a medical marijuana card and a prescription for medical marijuana from his doctor because employer's drug policy explicitly stated the proper use of prescription medications was exempt from the restrictions in the drug policy. Affirmed.

  • Gates v. City of Pittsburgh Historic Review Comm'n

    Publication Date: 2021-06-21
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0707

    Trial court properly found appellants lacked standing to challenge historic district commission's approval of certificate of appropriateness to homeowners to replace windows because appellants failed to establish they were aggrieved since they lacked direct proximity and visibility and suffered no purported harm. Affirmed.

  • Massie v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-06-14
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0668

    Referee erred in sua sponte reopening UC hearing where absent employer had not filed a written request to open, and employer's own documentation established that it had discharged claimant for abandoning work even though claimant had obtained leave from his supervisor. Order of the Unemployment Compensation Board of Review reversed, case remanded.

  • DuBoise v. Rumcik

    Publication Date: 2021-06-14
    Practice Area: Health Care Law
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0682

    The Pennsylvania Department of Corrections filed preliminary objections to inmate's petition seeking to compel DOC to provide him with his mental health treatment records under the Medical Records Act and the Mental Health Procedures Act and court granted DOC's preliminary objections to inmate's claim under the MHPA but found it could not declare with certainty that the law would not permit inmate to succeed in his mandamus challenge under the MRA. Preliminary objections overruled and sustained.

  • Law Journal Press | Digital Book

    COVID-19 as a Trigger for Force Majeure: A Global Survey

    Authors: Lisa Richman, Shawn Helms, Jason Krieser, Matthew Cin, Amy Mahan

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  • Gosselin v. Supervisors of N. Manheim Twp.

    Publication Date: 2021-06-14
    Practice Area: Trusts and Estates
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0664

    The trial court erred in finding that a 35-year old restrictive covenant prohibited the sale of certain lots held by a living trust until the installation of proposed roadways and storm water management improvements, as the most reasonable interpretation of the covenant was that the trust could transfer the lots as part of the entire parcel without first building new roads. The commonwealth court reversed.

  • Barris v. Stroud Twp.

    Publication Date: 2021-06-14
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0665

    The trial court erred in finding that Stroud Township's firearm ordinance, which restricted the right to use personal property as a private shooting range to just two zoning districts, was facially constitutional as the ordinance burdened more conduct than necessary to meet the important governmental interests at issue. The commonwealth court reversed.

  • Sincavage v. Unemployment Comp. Review Bd.

    Publication Date: 2021-06-07
    Practice Area: Employment Litigation
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0632

    Unemployment compensation review board properly found claimant was not entitled to benefits because she voluntarily quit her job when she retired and properly found a non-fault overpayment because her disqualification for part of a week resulted in loss of benefits for the entire calendar week. Affirmed.

  • SEPTA v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-06-07
    Practice Area: Employment Litigation
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0631

    Board properly granted claimant's fatal claim petition after decedent's suicide following his work-related back injury because there was substantial evidence in the record that decedent's mental health declined as a result of a physical work injury to his back and claimant satisfied the chain-of-causation test. Affirmed.

  • Lancaster County Agricultural. Preserve Bd. v. Fryberger

    Publication Date: 2021-06-07
    Practice Area: Land Use and Planning
    Industry: Agriculture | Hospitality and Lodging | Real Estate
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0629

    Landowner and resort appealed orders finding a violation of the conservation easement on landowner's farm and court found the irrigation easement for disposal of resort's treated wastewater was not a violation of conservation easement but trial court did not err in barring use of farm for RV parking or the erection of temporary structures. Affirmed in part and reversed in part.