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  • Kuharchik Constr., Inc. v. Commonwealth

    Publication Date: 2020-07-27
    Practice Area: Tax
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0795

    Taxpayer construction company appealed the assessment of use tax on signal poles, light poles, camera poles and pedestal bases used on its contracts with commonwealth and court found the traffic signal related purchases were "building machinery and equipment" and exempt from the use tax. Affirmed in part and denied in part.

  • Spivey v. Unemployment Comp. Bd. of Review

    Publication Date: 2020-07-27
    Practice Area: Employment Litigation
    Industry: Distribution and Wholesale
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0792

    Claimant challenged the denial of unemployment benefits on the basis he voluntarily left his employment when he entered an in-patient substance abuse treatment program and court agreed with board that claimant's decision to consume alcohol and drugs while on parole, despite being aware of the potential consequences, was sufficient for the board to conclude he was voluntarily unemployed without a necessitous and compelling reason. Affirmed.

  • Baribault v. Zoning Hearing Bd. of Haverford Twp.

    Publication Date: 2020-07-27
    Practice Area: Contracts
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0781

    A board of commissioners' failure to comply with Sunshine Actrequirements regarding official actions did not warrant the automatic nullification of a settlement of several land use appeals since invalidation of an official action taken in violation of the Act is discretionary and would result in an injustice in this case. The commonwealth court affirmed.

  • Hinderliter v. Commonwealth

    Publication Date: 2020-07-20
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0774

    Appellant appealed trial court's finding that his failure to complete a breathalyzer breath test was a refusal and court found his failure to successfully complete the breath test constituted a per se refusal, record evidence showed the required observation period, and since DOT established a refusal without relying on the results from the breathalyzer machine, the operability of the machine was not at issue. Affirmed.

  • Reading Blue Mountain & N. R.R. v. Seda-Cog Joint Rail Auth.

    Publication Date: 2020-07-20
    Practice Area: Government
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0764

    The trial court did not err when it granted the Seda-Cog Joint Rail Authority's demurrer to plaintiff's claim that it improperly competed with private enterprise in violation of §5607(b)(2) of the Municipality Authorities Act. The commonwealth court affirmed.

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    Connecticut Medical Malpractice: A Manual of Practice and Procedure, 7th Edition

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  • Hinderliter v. Commonwealth

    Publication Date: 2020-07-20
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0774

    Appellant appealed trial court's finding that his failure to complete a breathalyzer breath test was a refusal and court found his failure to successfully complete the breath test constituted a per se refusal, record evidence showed the required observation period, and since DOT established a refusal without relying on the results from the breathalyzer machine, the operability of the machine was not at issue. Affirmed.

  • Commonwealth v. Clementi

    Publication Date: 2020-07-20
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0767

    Trial court erred in concluding it lacked jurisdiction to entertain a motion for reconsideration on a summary appeal or a motion for reconsideration nunc pro tunc where the trial court scheduled hearing on the original motion outside the 30-day period for the trial court's ability to modify its order. Orders of the trial court vacated, case remanded.

  • Rusecky v. Unemployment Comp. Review Bd.

    Publication Date: 2020-07-20
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0779

    Claimant preschool worker appealed the denial of unemployment benefits after she was fired for not noticing a child sleeping in a buggy and court found evidence did not prove that claimant acted with deliberate and intentional disregard of employer's policy or interests. Reversed.

  • Pennsylvania State Corr. Officers Ass'n v. Commonwealth

    Publication Date: 2020-07-13
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0737

    Association challenged arbitrator's denial of correction officer's heart and lung act benefits claim for injury that occurred on steps leading to entrance of correctional facility and court found arbitrator's award properly derived its essence from the CBA because whether claimant's injury occurred in the performance of his duties was within the terms of the CBA and arbitrator's award could be rationally derived from the CBA. Affirmed.

  • Gosner v. Unemployment Comp. Bd. of Review

    Publication Date: 2020-07-13
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0730

    Employee was eligible for UC benefits when he was arrested on charges that were ultimately nolle prossed where employee did not intend to leave employment. Order of the Unemployment Compensation Board of Review reversed.