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Publication Date: 2024-10-25
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 1063 C.D. 2023
The court affirmed the order of the Luzerne County Court of Common Pleas that concluded that it lacked subject matter jurisdiction over appellant's petition for review of the determination of his retirement benefits when the police union's collective bargaining agreement with the City was the exclusive method of challenging his retirement benefit. It found appellant had standing to grieve his pension benefits under the CBA, and erroneously petitioned the trial court for an appeal rather than engage in the CBA's grievance and arbitrat
Publication Date: 2024-10-25
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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for defendant:
Case Number: 1527 C.D. 2022
Where petition for review only challenged the denial of reconsideration but not the underlying order, appellant's focus on the underlying merits of the order and not the abuse of discretion in denying reconsideration was fatal to the appeal. Petition for review denied.
Publication Date: 2024-10-25
Practice Area: Administrative Law
Industry: Automotive | Insurance
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 993 C.D. 2022
Department of Transportation erred in refusing to allow inspection station to resume vehicle inspections after it submitted proof of new insurance coverage that the department ultimately deemed acceptable. Order of the trial court affirmed.
Publication Date: 2024-10-04
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 382 M.D. 2024
Failure of several candidates to file affidavits did not affect the validity of the candidacy of individuals seeking election to other offices who had submitted their candidate affidavits. Petition to strike denied in part and dismissed as moot in part.
Publication Date: 2024-09-27
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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for defendant:
Case Number: 358 C.D. 2023
Trial court had to dispose of party's application for permission for interlocutory appeal to have "acted" on the application; failing to so meant the application was deemed denied, triggering the period for the party to petition for permission to appeal. Defendant's petition for permission to appeal quashed.
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Publication Date: 2024-08-30
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 926 C.D. 2022
Petitioners appealed a decision of the Workers' Compensation Appeals Board holding that an employer was not entitled to a pension offset credit where a previously retired employee received workers' compensation wage loss benefits for a work-related injury that occurred after his return to part-time employment with the same employer. The court affirmed, holding that the Workers' Compensation Act's pension offset is not available where a compensable injury occurs within the context of a retiree's subsequent, part-time employment with a
Publication Date: 2024-08-30
Practice Area: Tax
Industry: Education | Real Estate
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 1313 C.D. 2022
Taxpayer appealed the trial court's order upholding a school district's reliance on a monetary threshold for deciding which property tax assessments to appeal on a cost-effective basis. The court affirmed, holding that the school district's policy did not result in a per se violation of the Pennsylvania Constitution's Uniformity Clause, nor was the policy in violation of the clause as applied by the district.
Publication Date: 2024-07-12
Practice Area: Civil Rights
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 928 C.D. 2022
Appellant prisoner appealed the trial court's order dismissing as frivolous his complaint asserting constitutional and pandemic safety protocol violations by Department of Corrections personnel. The court vacated and remanded for further proceedings where plaintiff plausibly alleged that prison officials violated the Eighth Amendment by placing him at risk of contracting COVID-19 when they failed to adhere to the Department's COVID-19 safety protocols and retaliated against him for filing associated grievances.
Publication Date: 2024-06-28
Practice Area: Administrative Law
Industry: Insurance
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 805 C.D. 2023
Petitioners sought review of a letter in which respondent Pennsylvania Insurance Department's declined to vacate consent orders entered into by petitioners. The court quashed the appellate petition for review because respondent's letter was not an appealable adjudication.
Publication Date: 2024-06-07
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 33 C.D. 2022
Half a minute of silence after being read implied consent warnings, in the context of a prior refusal of chemical testing and other belligerent conduct, was sufficient to constitute a refusal to submit to a chemical test. Order of the trial court reversed.
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