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Publication Date: 2024-06-07
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
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for defendant:
Case Number: 249 C.D. 2023
Appellant appealed the trial court's order concluding that he lacked standing to appeal a zoning board of adjustment's variance approval and quashing his appeal. The court affirmed, holding that appellant, as an individual member of the city council, lacked standing to appeal a decision of the ZBA.
Publication Date: 2024-06-07
Practice Area: Civil Rights
Industry: Education | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
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for defendant:
Case Number: 5:24-cv-0073
Constitutional claims arising from no-trespassing ban implemented following alleged violation of facemask policy failed where there was reasonable suspicion and/or probable cause to support plaintiff's detention, arrest, and prosecution. Defendants' motions to dismiss granted.
Publication Date: 2024-06-07
Practice Area: Public Records
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Dumas
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Case Number: 833 C.D. 2022
Court reversed order requiring production of railroad operating agreements where such agreements might not have been responsive to the Right-to-Know Law request and where trial court's apparent failure to review the agreements meant its decision was not supported by sufficient record evidence. Order of the trial court vacated and remanded.
Publication Date: 2024-06-07
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 33 C.D. 2022
Half a minute of silence after being read implied consent warnings, in the context of a prior refusal of chemical testing and other belligerent conduct, was sufficient to constitute a refusal to submit to a chemical test. Order of the trial court reversed.
Publication Date: 2024-05-31
Practice Area: Education Law
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 409 M.D. 2023
Department of Education improperly promulgated new age-out rules under the Individuals with Disabilities Education Act by failing to follow mandatory rulemaking procedures as the rules had the force of law and materially affected school districts' budgeting. Petitioners' application granted, respondents' cross-application denied.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2024-05-31
Practice Area: Class Actions
Industry: Education | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
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Case Number: 19-1541
Plaintiffs sought certification of a damages class and multiple issue classes in their putative class action alleging abuse and related claims arising during their residence at a private residential rehabilitative institution. The court in pertinent part denied certification of a damages class where plaintiffs failed to demonstrate requisite commonality and typicality among putative class members, who were over one thousand former residents of the institution who allegedly suffered individual forms of abuse during their time at the fa
Publication Date: 2024-05-31
Practice Area: Evidence
Industry: E-Commerce | State and Local Government | Technology Media and Telecom
Court: Superior Court
Judge: Judge Dubow
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Case Number: 2886 EDA 2022
Appellant appealed the trial court's judgment of sentence of life imprisonment after his jury conviction for his role in a scheme to commit murder-for-hire. The court held that the trial court did not err in admitting Commonwealth's Google GPS location data evidence where the data did not constitute hearsay and was properly admissible as self-authenticating business records.
Publication Date: 2024-05-31
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
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Case Number: 7069 CV 2023
Appellant challenged township's decision granting a conditional use in favor of a real property developer. The court held in pertinent part that township board did not err in granting the conditional use approval where it concluded the developer's proposed resort and shopping center, although physically separated, were sufficiently integrated with the use and character of township's overall resort overlay district development area.
Publication Date: 2024-05-31
Practice Area: Labor Law
Industry: Health Care | Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 560 C.D. 2020
Fee review applications were properly denied as prescriptions issued by physicians and filled by a pharmacy that the physicians held an interest in constituted an improper self-referral. Order of the Bureau of Workers' Compensation affirmed.
Publication Date: 2024-05-31
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1231 C.D. 2022
Notice of violations of speeding statute pursuant to automated speeding enforcement systems was not unconstitutional where the speeding fine was a civil penalty and violators were afforded notice and opportunity to contest the alleged violation. Order of the trial court affirmed.
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