• Walthour v. Unemployment Comp. Bd. of Review

    Publication Date: 2022-05-30
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0605

    Board abused its discretion in dismissing claimant's appeal because she failed to explain what efforts she took to ensure her phone did not block referee's call for a telephonic hearing. Vacated and remanded.

  • Burock v. Office of the Budget

    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.

  • Kaba v. Berrier

    Publication Date: 2022-05-16
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    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

  • Bradley v. W. Chester Univ.

    Publication Date: 2022-04-18
    Practice Area: Civil Procedure
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    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.

  • In re Appeal of Towamencin Sumneytown Pike LLC

    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: 22-0421

    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.

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  • Charlestown Twp. v. CMI Hartman, LLC

    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.

  • Pennock v. Kennett Consol. Sch. Dist.

    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.

  • Turns v. Dauphin County

    Publication Date: 2022-04-04
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    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.

  • Medina v. Harrisburg Sch. Dist.

    Publication Date: 2022-04-04
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    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.

  • Henderson v. WP Ventures, Inc. (Workers' Comp. Appeal Bd.)

    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.