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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.
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.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-01-30
Practice Area: Criminal Law
Industry:
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
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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.
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
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