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Publication Date: 2024-03-29
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 505 C.D. 2021
Court vacated trial court's order granting appellees' preliminary objections to appellant's tortious interference counts on the basis of sovereign immunity because courts and all parties agreed the order was an error. Vacated.
Publication Date: 2024-02-02
Practice Area: Labor Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 457 C.D. 2021
Department properly assessed UC contributions and properly concluded that 27 of employer's cleaners were not independent contractors, the Construction Workplace Misclassification Act applied to employer and 10 construction workers were also not independent contractors. Affirmed.
Publication Date: 2024-02-02
Practice Area: Land Use and Planning
Industry: Construction | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 487 C.D. 2022
Court affirmed the upholding of the zoning hearing board's decision where there was substantial evidence to show that the applicant suffered hardship warranting zoning relief, the requested relief would not injure the public interest, and the requested variances represented the minimum possible modification. Order of the trial court affirmed.
Publication Date: 2024-02-02
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1369 C.D. 2022
Union representative had same rights as employee to request private caucus when scope of employer's interview expanded to include additional potential discipline, as denying representative's right to speak during interview would effectively deny the employee's labor rights to representation. Order of the Pennsylvania Labor Relations Board affirmed.
Publication Date: 2024-02-02
Practice Area: Employment Litigation
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 116 C.D. 2023
Unemployment compensation board of review properly found claimant was not ineligible for unemployment benefits based on willful misconduct because employer did not present competent and substantial evidence to establish that claimant knowingly violated employer's policy in confrontation with parking patron. Affirmed.
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Publication Date: 2024-01-29
Practice Area: Administrative Law
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 479 C.D. 2022
Although a dissolving volunteer fire company's proposed beneficiaries were inappropriate recipients of the company's assets, as their purposes were insufficiently similar, the trial court erred in adopting the Office of Attorney General's proposed beneficiaries where the company's members remained willing and able to identify alternative beneficiaries. Order of the trial court affirmed in part and reversed and remanded in part.
Publication Date: 2024-01-15
Practice Area: Labor Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1273 C.D. 2022
Petitioner sought review of the Workers' Compensation Appeals Board's order affirming a workers' compensation judge's order denying and dismissing her petitions as barred by principles of res judicata. The court affirmed, holding that the WCJ and Board did not err in concluding petitioner's petitions effectively sought to relitigate her claims. The court held further that petitioner failed to satisfy the high burden required to obtain post-termination reinstatement of workers' compensation benefits.
Publication Date: 2024-01-08
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1372 C.D. 2022
Trial court erred as a matter of law in determining licensee's refusal of chemical testing was not knowing and conscious and in sustaining licensees' statutory appeal of his license suspension. Reversed.
Publication Date: 2024-01-08
Practice Area: Employment Litigation
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 554 C.D. 2022
Board erred in reversing Worker's Compensation Judge's denial of that part of claimant's workers' compensation petition related to aggravation of her preexisting anxiety and depression because the causal connection between claimant's shoulder injury and the alleged aggravation of her preexisting anxiety and depression were not well pleaded and employer did not lose its ability to contest that issue by filing a late answer to the claim petition. Reversed.
Publication Date: 2023-12-25
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 145 M.D. 2023
Claimant filed a complaint sounding in contract, quasi-contract, and mandamus to enforce an alleged compromise and release agreement in workers' compensation case and court held there was no valid and enforceable C&R agreement as a matter of law. Complaint dismissed.
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