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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.
Publication Date: 2022-08-22
Practice Area: Criminal Appeals
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Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 22-0934
Pursuant to the rulings in Commonwealth v. Lacombe and T.S. v. Pennsylvania State Police, subchapter I of the second version of the state's Sex Offender Registration and Notification Act, which applied retroactively to defendant, was nonpunitive and did not violate the constitutional prohibition against ex post facto laws. The appellate court affirmed.
Publication Date: 2022-07-25
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 22-0834
Trial court erred in stripping appellant of her pension benefits under the Public Employee Pension Forfeiture Act after she was convicted of conspiracy to tamper with or fabricate physical evidence for telling her son to lie and take photo off the department-issued phone she let him use because she acted in her private capacity as a mother and did not conspire as part of her responsibilities as a public employee. Reversed.
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Authors: Joseph S. Britton
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Publication Date: 2022-07-25
Practice Area: Civil Rights
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Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 22-0829
Where inmate had pled sufficient facts to give rise to a prima facie claim that corrections officers engaged in retaliatory behavior for inmate's decision to lodge legal claims and grievances against the officers, the trial court erred in dismissing inmate's retaliation claim as frivolous. Order of the trial court vacated in part and reversed in part.
Publication Date: 2022-07-18
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 22-0806
Petitioners moved for summary relief in regard to public-private transportation partnership board's approval of the Major Bridge P3 initiative and court found the initiative was void ab initio since it was approved in violation of act 88's provisions and guidelines. Summary relief granted.
Publication Date: 2022-06-20
Practice Area: Criminal Appeals
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Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 22-0687
Parole board filed preliminary objections and a demurrer to petitioner's violation motion regarding board's failure to hold a parole revocation hearing and court found it had original jurisdiction, it sustained board's demurrer to petitioner's claim that board's failure to hold a hearing violated his right to have that hearing in a timely fashion but found that since board elected not to challenge petitioner's argument related to the interstate agreement on detainers, that portion of his claim had to proceed. Overruled in part, sustai
Publication Date: 2022-05-23
Practice Area: Administrative Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 22-0578
Claimant failed to establish a valid justification for refusing to comply with employer's reasonable directive to get a flu vaccine; therefore, the lower jurisdictions did not err in finding her ineligible for benefits under §402(e) of the Unemployment Compensation Law. The commonwealth court affirmed.
Publication Date: 2022-04-04
Practice Area: Labor Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 22-0364
Workers' compensation claimant satisfied exception to "going and coming rule" where credited testimony showed that employer provided means of travel to and from work sites and compensated employees for their travel time. Order of the Workers' Compensation Appeal Board reversed, case remanded.
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