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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.
Publication Date: 2023-02-13
Practice Area: Election and Political Law
Industry: Legal Services | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 563 M.D. 2022
Impeachment articles failed to state viable claim against official as they did not allege any criminal misconduct in office or the failure to perform positive ministerial duties required by law. Preliminary objections overruled, application for summary relief granted in part and denied in part, cross-application granted in part and denied in part.
Publication Date: 2023-01-30
Practice Area: Criminal Law
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Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 346 C.D. 2022
Trial court erred in finding there was no refusal to submit to chemical testing, where licensee refused a blood test, agreed to a breath test, no breath test machine was available and licensee refused the second offer of a blood test, because trooper provided licensee with appropriate warnings, informed licensee he was unable to administer a breath test and licensee's willingness to submit to a breath test did not waive his initial refusal to submit to a blood test. Reversed.
Publication Date: 2023-01-30
Practice Area: Public Records
Industry: Legal Services | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 491 C.D. 2022
In camera review was necessary to determine if department records produced prior to the formal, public start of a non-criminal investigation sufficiently related to that investigation to bar disclosure of the documents under the Right-to-Know Law. Order of the Office of Open Records affirmed in part and vacated and remanded in part.
Publication Date: 2022-11-21
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 1883 C.D. 2019
Trial court erred in dismissing inmate's in forma pauperis petition as untimely and for violating the three strikes rule because trial court acknowledged its error as to the three strikes rule and court found that since inmate improperly sent his notice of appeal directly to the court, court could confirm it arrived in a timely fashion. Denial of appellant's IFP petition reversed.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2022-09-26
Practice Area: Land Use and Planning
Industry: Non-Profit | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 1301 C.D. 2020
Municipality erred in granting development application seeking modification of township's Subdivision and Land Development Ordinance regulations governing steep slopes where it failed to require applicant to show that requested modification was the minimum deviation necessary. Order of the trial court reversed.
Publication Date: 2022-09-26
Practice Area: Tax
Industry: E-Commerce | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 179 M.D. 2021
Parties cross-applied for summary relief in plaintiff trade association's challenge to department's effort to collect sales tax on non-Pennsylvania businesses selling merchandise through Amazon's Fulfillment by Amazon merchants program whose connections to the commonwealth were limited to Amazon's storage of their merchandise in a Pennsylvania warehouse and court found revenue department failed to show merchants showed sufficient contacts with the commonwealth to allow department to collect sales tax or PIT. Motion granted and motion
Publication Date: 2022-09-19
Practice Area: Election and Political Law
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Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 392 M.D. 2022
Under §976(e) of the state's Election Code, the respondent candidate who had previously filed nomination petitions for candidacy in a primary and did not seek an administrative withdrawal pursuant to §914, was precluded from filing nomination papers to appear on the general election ballot for the same position. The court granted objectors' petition to set aside respondent's nomination paper.
Publication Date: 2022-09-19
Practice Area: Election and Political Law
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Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 393 M.D. 2022
Objectors moved to set aside candidate's nomination papers to be certified as the Libertarian candidate after court earlier granted a petition to set aside her nomination petition to run as a candidate in the Republican primary for the general assembly and court granted objector's petition because candidate was barred under both In re Benkoski, 943 A.2d 212, and In re Cohen, 225 A.3d 1083. Petition granted.
Publication Date: 2022-09-05
Practice Area: Administrative Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 22-0990
The Unemployment Compensation Board of Review did not err in reversing claimant's unemployment compensation benefits award since she failed to demonstrate, under the follow-the-spouse doctrine, that circumstances beyond her husband's control caused his need to relocate to another state. The appellate court affirmed.
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