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  • Anderson v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2020-08-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0906

    Appointed counsel was not entitled to withdraw his representation where he failed to address in his Turner letter all issues raised by defendant, even though defendant raised such issues at the administrative level but omitted them from his petition for review. The appellate court denied counsel's petition to withdraw.

  • Joos v. Bd. of Supervisors of Charlestown Twp.

    Publication Date: 2020-08-17
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0884

    Although municipal board could impose conditions on lot line plan approval over landowners' objection with their remedy being a land use appeal the board erred in imposing the condition without making findings as to how it satisfied the requirements of the local Subdivision and Land Development Ordinance. Order of the trial court reversed in part, affirmed in part.

  • Arlet v. Workers' Comp. Appeal Bd.

    Publication Date: 2020-08-17
    Practice Area: Administrative Law
    Industry: Cargo and Shipping | Insurance
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0879

    While the Workers' Compensation Appeal Board erred in holding that claimant was entitled to benefits under two statutes providing exclusive remedies, the plaintiff insurer was not entitled to subrogation under §319 of the Workers' Compensation Act against its own insured. The commonwealth court affirmed.

  • Zimmerman v. Unemployment Comp. Bd. of Review

    Publication Date: 2020-08-17
    Practice Area: Employment Litigation
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0890

    Board erred in finding claimant ineligible for unemployment benefits because it failed to make credibility determinations and factual findings with respect to whether claimant had refused work and committed an "extreme offense" under employer's progressive disciplinary policy. Vacated and remanded.

  • Podejko v. DOT

    Publication Date: 2020-08-10
    Practice Area: Damages
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0860

    Trial court erred in finding that the vehicle liability exception to governmental immunity did not apply to fire department's pumping of water from a flooded road because fire department controlled the parts of the pumper truck that removed and redirected water from the roadway, fire department thus "operated" the vehicle and the vehicle liability exception applied. Reversed.

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    New Jersey Business Litigation 2024

    Authors: Paul A. Rowe, Andrea J. Sullivan

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  • P.L. v. Dep't of Human Serv.

    Publication Date: 2020-08-10
    Practice Area: Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0857

    Mother appealed an indicated report of child abuse based on her accidently hitting child's head with broom when she was aiming for his shoulder and court found Children and Youth Services did not demonstrate mother used unreasonable force or disregarded a substantial or unjustifiable risk or grossly deviated from the standard of care a reasonable parent would observe in her situation. Reversed.

  • Synthes USA HQ, Inc. v. Commonwealth of Pennsylvania

    Publication Date: 2020-08-10
    Practice Area: Tax
    Industry: Manufacturing | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0864

    Board erred in denying a refund to petitioner and court found department of revenue's interpretation of subparagraph 17 of the tax code, which called for the benefits-received method of calculating the sales factor, was correct rather than the commonwealth's interpretation. Reversed and remanded.

  • Metal Green Inc. v. City of Philadelphia

    Publication Date: 2020-08-10
    Practice Area: Land Use and Planning
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0851

    Zoning board correctly denied use variance where property owner failed to present evidence demonstrating that lower-density residential development proposal was not possible or feasible, to support finding that the requested variance was the minimum variance necessary for relief. Order of the trial court reversed.

  • In re: The Ellwood City Cmty. Health Found.

    Publication Date: 2020-08-03
    Practice Area: Corporate Entities
    Industry: Health Care | Non-Profit
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0818

    Orphans' court erred in denying petition of charitable foundation to separate from parent organization based on concerns about parent organization's pension liabilities where the organization would have no such liabilities under ERISA. Order of the orphans' court reversed.

  • Wells v. Unemployment Comp. Review Bd.

    Publication Date: 2020-07-27
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0794

    Claimant appealed referee's finding she was ineligible for benefits because she chose to resign, board chairman recused himself due to a conflict of interest which left board without a quorum and board issued an order stating referee's decision would stand as final and court found the law of necessity required board to determine the merits of claimant's appeal. Vacated and remanded.