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  • In re Petition for Agenda Initiative

    Publication Date: 2019-04-08
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Johnson v. Bd. of Probation & Parole

    Publication Date: 2019-04-08
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Reading Sch. Dist. v. I-Lead Charter Sch.

    Publication Date: 2019-04-01
    Practice Area: Education Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Van Leer v. Workers' Compensation Appeal Bd.

    Publication Date: 2019-03-18
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    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.

  • Borough of Pottstown v. Suber-Aponte

    Publication Date: 2019-01-29
    Practice Area: Administrative Law | Discovery
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    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.

  • Law Journal Press | Digital Book

    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Kerr v. Dept. of Transp., Bureau of Driver Licensing

    Publication Date: 2019-01-22
    Practice Area: Administrative Law
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0063

    Commercial driving privileges were statutorily required to be disqualified following a licensee's acceptance into the Accelerated Rehabilitative Disposition Program where the admission order only related to the lack of suspension of regular driving privileges and ARD admission constituted a conviction requiring CDL suspension. Order of the trial court affirmed.

  • O'Connor v. PA Dep't of Transp.

    Publication Date: 2018-12-25
    Practice Area: Administrative Law | Evidence
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1560

    Trial court properly reinstated licensee's license suspension because the DL-21 form containing the conviction information was electronically transmitted to the department by the clerk of court in accordance with the vehicle code and rule 771(A) and the trial court properly admitted it as prima facie evidence of licensee's DUI conviction. Affirmed.

  • Rogele, Inc. v. Workers' Comp. Appeal Bd.

    Publication Date: 2018-12-18
    Practice Area: Administrative Law | Employment Litigation
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1538

    Board properly held that employer was obligated to reimburse claimant for a replacement intrathecal pump that dispensed narcotic pain medication required as a result of claimant's work injury and that the pump and attendant medications were reasonable and necessary. Affirmed.

  • Aqua America, Inc. v. Workers' Comp. Appeal Bd.

    Publication Date: 2018-12-18
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1530

    While medical experts agreed that claimant's daughter had a medically diagnosed physical condition that was likely to progress until she was legally blind and that the condition affected her activities of daily living, claimant failed to produce substantial evidence that her daughter's condition made it impossible for her to earn an income. The appellate court vacated and remanded.

  • Talty v. Unemployment Compensation Bd. of Review

    Publication Date: 2018-11-27
    Practice Area: Civil Procedure | Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1416

    UCBR filed a motion to quash claimant's petition for review because it was filed 116 days after the UCBR's order was entered and the court held that since no fraud was alleged, claimant's failure to file a timely petition for review deprived the court of jurisdiction to consider the merits of his arguments about the timeliness of his petition and the finding that he was ineligible for UC benefits. Motion granted.