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Publication Date: 2019-05-27
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0614
Board correctly held that §604 of PERA did not prohibit a union from representing township public works employees and full-time and regular part-time act 111 police officers because board's interpretation properly respected police officers act 111 rights to bargain collectively without PERA's intrusion therein. Affirmed.
Publication Date: 2019-04-22
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0454
Secretary erred in concluding wrongfully terminated employee had not made reasonable efforts to mitigate damages where employee obtained other work and sought continued education and training during relevant period, and where employer's evidence of alternative work was unsuited to the employee's circumstances. Order of the secretary of education vacated and remanded.
Publication Date: 2019-04-22
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0463
The secretary erred in awarding damages for petitioner's lost compensation after he was improperly terminated as a teacher because petitioner did not fail to mitigate damages as secretary erroneously found, where petitioner sought other teaching jobs until his unemployment ran out, was unsuccessful due to his termination from a tenured position and he then took a security guard position. Order vacated.
Publication Date: 2019-04-15
Practice Area: Family Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0421
Bureau of Hearings and Appeals erred in concluding that petitioner acted recklessly and committed child abuse in denying petitioner's request to expunge his indicated report of child abuse because petitioner tried to use a Safe Crisis Management approved upper torso restraint on minor but the restraint did not go as planned and there was no evidence that petitioner grossly deviated from what a reasonable person would have found acceptable under the same circumstances. Reversed.
Publication Date: 2019-04-15
Practice Area: Real Estate
Industry: Financial Services and Banking
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0422
Appellants appealed the order granting their motion to redeem property sold at a sheriffs' sale for delinquent real estate taxes and the court found the trial court did not abuse its discretion because, since appellants did not act until after the sheriff's sale, they were obligated to pay the purchaser the amounts specified in §32(a) of the act to redeem the property. Affirmed.
Law Journal Press | Digital Book
Authors: Rosemary Alito
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Publication Date: 2019-04-08
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0395
Trial court properly found that organization's appeal of county council's holding, that proposed ordinance was not legally proper for its consideration, was meritless because the proposed ordinance was an invalid usurpation of the general assembly's power over the conduct of elections and undermined the elections board's responsibilities. Affirmed.
Publication Date: 2019-04-08
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0396
Board of probation and parole complied with Pittman v. Pennsylvania Bd. of Probations & Parole, 159 A.3d 466, and properly denied inmate credit for street time because the board's contemporaneous explanation for its decision was sufficient. Affirmed.
Publication Date: 2019-04-01
Practice Area: Education Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 19-0365
District appealed the CAB's order granting charter school's appeal of the district's revocation of its charter and the court found the CAB erred in disregarding the evidence of student performance for the 2015-2016 school year. Vacated and remanded.
Publication Date: 2019-03-18
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Covey
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for defendant:
Case Number: 19-0288
Worker's compensation appeal board correctly found that claimant's duties as a caretaker for a woman suffering from mild dementia fell within the domestic service exception where claimant testified her job was to make sure that employer did not fall, get hurt or leave the house and she provided no medical care other than making sure employer took her medicine. Affirmed.
Publication Date: 2019-01-29
Practice Area: Administrative Law | Discovery
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
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Case Number: 19-0075
The trial court erred in holding that a request for police video footage from the specific day requester was brought into the police department and all activity at the department that day was not specifically sufficient under §703 of the Right-to-Know Law. The appellate court reversed in part, vacated and remanded for further proceedings.
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