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  • William Penn Sch. Dist. v. Pennsylvania Dep't of Educ.

    Publication Date: 2020-12-07
    Practice Area: Evidence
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cohn Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1336

    Speaker of the house of representatives and chairman of the house of representatives appropriations committee sought protective orders to prevent petitioners from taking their depositions and court found they could not be required to appear for oral deposition but petitioners could serve written discovery requests. Motion granted in part.

  • Pysher v. Clinton Twp. Volunteer Fire Co.

    Publication Date: 2019-06-03
    Practice Area: Public Records
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge Cohn Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0656

    Trial court erred in finding that volunteer fire company was a local agency for purposes of the RTKL and ordering it to respond to an RTKL request because whether a volunteer fire company was a local agency was a matter of first impression and the trial court took no evidence. Order vacated and case remanded.

  • Robinson v. Fye

    Publication Date: 2018-09-04
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cohn Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1045

    Trial court properly found that res judicata and collateral estoppel barred appellant's constitutional claims based on alleged retaliation by correctional institution employees and defendants did not waive those affirmative defenses by raising them late because §6602(e) permitted a court to dismiss the litigation at any time if the court found that an affirmative defense could be validly raised. Affirmed.

  • Neshaminy Sch. Dist. v. Neshaminy Fedn of Teachers

    Publication Date: 2017-10-10
    Practice Area: Dispute Resolution | Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cohn Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1441

    Trial court properly found that arbitration award reinstating teacher terminated for sexually harassing a co-teacher violated the public policy against sexual harassment because teachers sexually explicit comments were a continuous and ongoing problem, he did not accept responsibility for his behavior when confronted about it and made the comments in front of students. Affirmed