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Publication Date: 2022-05-30
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0592
Public employer's decision to remove employee from employment was supported under progressive discipline by employee's failure to achieve satisfactory job performance ratings over multiple rating periods during which employee was subject to performance improvement plans. Order of the State Civil Service Commission affirmed.
Publication Date: 2022-05-16
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 22-0544
Department of Labor and Industry filed preliminary objections to petitioner's petition seeking an order directing department to review his case and allow him to file the appropriate claim where petitioner alleged department granted pandemic unemployment assistance but never paid and told him to file for unemployment compensation benefits but department's website would not allow him to do so and court found department's arguments as to the unavailability of mandamus relief and the exhaustion of statutory remedies were not persuasive. P
Publication Date: 2022-04-18
Practice Area: Civil Procedure
Industry: Education
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 22-0401
Plaintiff's failure to promptly transfer her federal case following dismissal by the federal district court for lack of jurisdiction rendered her state court Whistleblower Law claim time barred. The commonwealth court granted defendant's motion for judgment on the pleadings.
Publication Date: 2022-04-18
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 22-0421
Trial court properly reversed board's denial of developer's substantive validity challenge to zoning ordinance because the ordinance was an impermissible delegation of zoning authority to a private party. Affirmed and remanded.
Publication Date: 2022-04-18
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0416
Trial court properly found property was not illegally converted to condominium ownership because the property was a lawful, nonconforming use and the conversion to condominium ownership did not constitute a subdivision subject to the Municipalities Planning Code, township's Subdivision and Land Development Ordinance or was affected by the Uniform Condominium Act. Affirmed.
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2022-04-18
Practice Area: Personal Injury
Industry: Education
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0427
Evidence of lack of previous injuries was probative in trip and fall case to show that property owned lacked notice of an alleged defective condition. Judgment of the trial court affirmed.
Publication Date: 2022-04-04
Practice Area: Real Estate
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 22-0359
Trial court properly found appellant was entitled to the original purchase price and real estate taxes paid on a property sold at a tax sale in 1973 because the sale was void ab initio since the property did not actually exist and properly denied appellant's claims for compound interest or attorney fees. Affirmed.
Publication Date: 2022-04-04
Practice Area: Education Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 22-0355
District properly removed plaintiff, despite his argument that §1089 of the school code applied, from his position as business administrator and reassigned him to a different position with a substantial salary reduction because plaintiff was not a professional employee as defined in the school code, his reassignment was not a removal but a demotion and was not subject to any hearing requirement. Affirmed.
Publication Date: 2022-02-07
Practice Area: Labor Law
Industry: Recruitment and Staffing
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0138
Employee who was injured while briefly stepping out of the workplace to smoke a cigarette and purchase food before immediately returning to the workplace was still within the course and scope of his employment under the personal comfort doctrine. Order of the WCAB reversed, order of the WCJ reinstated.
Publication Date: 2022-01-10
Practice Area: Real Estate
Industry: Financial Services and Banking | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0011
Trial court erred in granting partial summary judgment where there were outstanding factual disputes regarding whether a foreclosing lender assumed the mortgagor's proprietary development interests or willfully took on development activities. Partial summary judgment reversed, case remanded.
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