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Publication Date: 2023-07-03
Practice Area: Government
Industry: Advertising | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 1305 C.D. 2021
Common pleas court erred in part in affirming board's denial of appellant's application to modernize the method of changing the copy on its advertising sign because certain provisions of the ordinance were substantively invalid and board erred in determining the modified sign would flash when in operation and thus was prohibited by the ordinance. Reversed in part and affirmed in part.
Publication Date: 2023-07-03
Practice Area: Health Care Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 1118 C.D. 2022
Trial court abused its discretion in granting preliminary injunction where plaintiffs failed to present any concrete evidence of irreparable harm but merely offered hypothetical or speculative concerns about the effects of defendants' continued course of action. Order of the trial court reversed.
Publication Date: 2023-06-19
Practice Area: Government
Industry: State and Local Government | Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 1090 C.D. 2022
Petitioner appealed the denial of its bid protest, where it did not complete its electronic bid in response to defendant Pennsylvania Department of General Service's invitation for bid due to technical issues with the portal, and court found DGS could not waive a mandatory requirement specified in the invitation for bid and petitioner's protest was untimely since it was a prospective bidder, not a bidder. Affirmed.
Publication Date: 2023-06-12
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 101 M.D. 2022
Court found petitioner's claims as to the calculation of his presentence credit were correct but sustained respondent Director of Classification Movement and Registration's preliminary objections as to respondent's duty to provide petitioner with the relief he sought. Preliminary objections sustained in part and denied in part.
Publication Date: 2023-06-12
Practice Area: Employment Litigation
Industry: Food and Beverage
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 971 C.D. 2021
Board erred in finding claimant's petition against fund was barred by retroactive application of amended §1603(b) because claimant's receipt of payments in lieu of compensation constituted compensation "paid or awarded" under §4(2) of the Workers' Compensation Act and fund was secondarily liable for claimant's claim. Reversed in part and affirmed in part.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2023-05-29
Practice Area: Environmental Law
Industry: Chemicals and Materials | Manufacturing | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 1338 C.D. 2021
Lead Certification Act did not implicitly declare lead paint a public nuisance and municipality's declaratory judgment action against manufacturers failed due to the municipality's inability to sufficiently plead proximate causation. Order of the trial court reversed, case remanded.
Publication Date: 2023-05-22
Practice Area: Civil Rights
Industry:
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 62 M.D. 2022
Preliminary objections to inmate's challenge to mailroom policies overruled where inmate had sufficiently alleged an injury in fact by claiming that he had requested items mailed to him and those items were rejected by mailroom staff without notice or opportunity to challenge the rejection. Defendant's preliminary objections overruled.
Publication Date: 2023-05-22
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 1232 C.D. 2021
Trial court properly dismissed appellant's claims against county, sheriff and sheriff's office that were based on the disposition of real property owned by appellant's wife which was sold at a sheriff's sale because defendants were entitled to immunity under the Political Subdivision Tort Claims Act and common law high public official immunity. Affirmed.
Publication Date: 2023-05-01
Practice Area: Administrative Law
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 319 C.D. 2022
Township appealed Public Utility Commission's decision finding energy company's plans for a gas reliability station were exempt from township's zoning ordinances and court found PUC's "deference" to other agencies was illusory, its environmental review was substantively nonexistent and the decision was constitutionally deficient. Vacated and remanded.
Publication Date: 2023-02-20
Practice Area: Labor Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 70 C.D. 2022
Workers' Compensation Judge erred in shifting burden of proof onto workers' compensation claimant to prove that his disability was ongoing, and erred in terminating benefits when employer's medical expert could not give reliable opinion regarding claimant's recovery after refusing to accept the full extent of the work injury that was deemed admitted by employer's failure to answer the claim petition. Order of the WCAB reversed.
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