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Publication Date: 2022-11-21
Practice Area: Land Use and Planning
Industry: Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1129 C.D. 2021
Trial court erred in affirming zoning board's grant of dimensional variances to create nonconforming lots and the special exception to construct single-family residences because board failed to address each requirement of the zoning ordinance, §922.09E, failed to determine if any of the proposed nonconforming lots were located within the preexisting nonconforming lots or were in common ownership or met the definitions in the code and failed to adequately address the requested special exception. Vacated and remanded.
Publication Date: 2022-11-07
Practice Area: Employment Litigation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 514 C.D. 2021
Board properly found truck driver was an employee despite his having signed an independent contractor agreement, he was not offered a sufficiently specific light duty job and he did not unreasonably refuse medical treatment. Affirmed.
Publication Date: 2022-10-17
Practice Area: Civil Rights
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 709 C.D. 2020
Trial court's summary dismissal of pro se appellant's complaint asserting 21 claims across 79 counts against 19 defendants failed to adequately explain the legal basis for its conclusion that all of appellant's claims were barred by immunity or failed to show the violation of constitutional rights and was insufficient to facilitate effective appellate review. Remanded.
Publication Date: 2022-09-05
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1000
Board did not err in concluding claimant failed to establish a mutual mistake occurred in calculating his lump sum payment in the compromise and release agreement resolving his claim of hearing loss. Affirmed.
Publication Date: 2022-08-22
Practice Area: Employment Litigation
Industry: Food and Beverage | Insurance | Legal Services
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 22-0936
WCJ retained jurisdiction over employer's subrogation right in workers' compensation claim resolved through compromise and release and therefore could issue subpoenas for information related to enforcement of the employer's lien. Order of the trial court affirmed.
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Publication Date: 2022-08-08
Practice Area: Personal Injury
Industry: Legal Services
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0887
Quasi-declaratory judgment action arising from claims of defamation was properly dismissed on preliminary objection where it was clear from the face of the complaint that the case arose from a judicial opinion issued by a court acting within its subject matter jurisdiction, thereby entitling the judges to judicial immunity. Order of the trial court affirmed.
Publication Date: 2022-08-01
Practice Area: Public Records
Industry: Health Care | Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
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Case Number: 22-0866
Office of Open Records properly found the rate information in the program development and advancement agreements did not relate directly to the performance of a governmental function, that the service provider monthly invoices did and were disclosable under Right-to-Know Law §506(d)(1). Affirmed.
Publication Date: 2022-06-27
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0708
State board of property erred in dismissing petition to establish ownership of property where petitioners presented documentation creating a genuine factual dispute regarding the validity of a patent issued by the commonwealth to petitioners' predecessor-in-interest. Order of the state board of property reversed, case remanded.
Publication Date: 2022-06-27
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0712
Workers' compensation appeal board properly granted employer's modification petition because claimant did not establish a vested right in her post-Protz-per-Act 111 temporary total disability status, did not meet the requirement for relief under either due process or due course of law principles and in reenacting the impairment rating evaluation process, act 111 did not violate the "reasonable compensation" aspect of Art. III, §18. Affirmed.
Publication Date: 2022-06-20
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0684
Trial court erred in denying appellants' petition for mandamus after appellee refused to accept their private criminal complaints asserting official oppression based on city's enacting certain firearms ordinances and court found appellee failed to comply with Pa.R.Crim.P. 506 and review and either accept or deny the private criminal complaints with written reasons. Reversed.
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