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  • McCullough v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2021-03-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0336

    Parole board correctly dismissed inmate's challenges to recommitment order where the appeal was not filed within 30 days of the order. Order of the Board of Probation and Parole affirmed.

  • Beaver Valley Slag, Inc. v. Marchionda

    Publication Date: 2021-03-22
    Practice Area: Administrative Law
    Industry: Mining and Resources
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0299

    A workers' compensation judge properly applied Whitmoyer, which holding precludes employers from subrogating future medical benefits after the execution of a third-party settlement agreement, to this case as the subject settlement was not a final resolution of the injured employee's claims. The commonwealth court affirmed.

  • McGuire v. City of Pittsburgh

    Publication Date: 2021-03-22
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0312

    Trial court properly found in city's favor and concluded homeowner police officer had not acted within the scope of his duties when he struck appellant, who had been vandalizing his home, because city was not collaterally estopped from asserting homeowner acted beyond the scope of his employment and appellant's challenges to admission of trial testimony and to jury charges failed.

  • Mandler v. Commonwealth

    Publication Date: 2021-03-15
    Practice Area: Tax
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0278

    Taxpayers filed exceptions to court's order denying taxpayers' petitions for refund of taxes taxpayers paid to satisfy employer withholding liens and court overruled taxpayers' argument that bankruptcy court set aside funds for the taxes and that estoppel by laches or collateral estoppel applied. Overruled.

  • Laskaris v. Hice

    Publication Date: 2021-03-08
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0254

    Trial court properly dismissed appellant's §1983 action against correctional facility employees over an allegedly false misconduct charge on statute of limitations grounds because appellant knew he was harmed when the misconduct was filed and his grievance appeals did not toll the statute of limitations for his §1983 action. Affirmed.

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  • Naborn v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-03-01
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0223

    Unemployment compensation board of review properly upheld referee's decision refusing to backdate claimant's UC benefit claims pursuant to §401(c) of the UC law and §65.43a of the regulations because claimant's ignorance of the UC claim process and/or negligence was not a basis upon which court could reverse the board. Affirmed.

  • Sorrentino v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-02-22
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0197

    Board properly affirmed workers' compensation judge's grant of employer's petition to terminate, dismissing as moot employer's petition to suspend compensation benefits, denying claimant's petition to review benefits and challenge employer's notice of suspension, dismissing claimant's new claim petition and terminating claimant's benefits because WCJ issued a timely interlocutory order granting supersedeas in conjunction with the termination petition, timely ruled on claimant's challenge petition and properly credited employer's docto

  • York County Prison v. Teamsters Local Union No. 776

    Publication Date: 2021-01-25
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0069

    Essence test did not permit court to overturn arbitration award where arbitrator found that grievants' actions did not rise to the level of proven dishonesty that expressly called for immediate termination under the CBA. Order of the trial court affirmed.

  • Sexauer v. Commonwealth

    Publication Date: 2021-01-11
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0019

    The Department of Transportation, Bureau of Driver Licensing appealed trial court's sustaining of appellant's challenge to DOT's finding she did not meet DOT's medical standards and her driving privilege could not be restored and court found DOT appeared to have made a material misrepresentation to the trial court regarding her medical records and trial court based its decision solely on those representations and court vacated and remanded for a new hearing. Vacated.

  • Pennsylvania Virtual Charter Sch. v. Commonwealth

    Publication Date: 2021-01-04
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1427

    Department of education filed preliminary objections to petitioners' four cyber charter schools action for a declaratory judgment and injunction enjoining department from collecting redirection fees and court found §1 of the administrative code did not authorize the redirection fee and it was not clear that petitioners would be unable to establish sufficient facts to justify injunctive relief. Preliminary objection overruled.