• Hill v. Governor of Pennsylvania

    Publication Date: 2024-02-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 311 M.D. 2022

    Petitioner, sentenced to life imprisonment without parole, argued 61 Pa.C.S. §6137(a)(1) was unconstitutional and that he qualified as a "child" under the Pennsylvania Juvenile Act due to his age of 20 years old at the time of his arrest and low IQ. Court interpreted the petition as one "in the nature of [an] application forpost-conviction relief" and found that given the action was not ancillary to any proceedings within the appellate jurisdiction of the court and court lacked jurisdiction over the petition. Preliminary objections s

  • Austin v. Lehigh & Northampton Transp. Auth.

    Publication Date: 2024-02-09
    Practice Area: Personal Injury
    Industry: Construction | Transportation
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 355 C.D. 2022

    Personal injury plaintiff appealed the trial court's entry of judgment against him. The court affirmed, holding that the trial court did not err in refusing plaintiff's motion to sever his personal injury suit from his employer's consolidated property damage case where evidence of the underlying accident was largely the same, although the parties' rights and liabilities differed.

  • In re: Appeal of Sesso

    Publication Date: 2024-02-09
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1006 C.D. 2021

    Trial court erred in reversing board's grant of a zoning variance because board did not err or abuse its discretion in finding that res judicata did not bar Total Custom Homes Inc. from filing the variance application and that TCH met its burden of proving its entitlement to the requested dimensional variance under the Hertzberg v. Zoning Hearing Bd., 721 A. 2d 43, standards. Reversed.

  • Pritchard v. Meintel

    Publication Date: 2024-01-29
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 49 C.D. 2022

    Common pleas erred in finding the real estate exception did not apply and sovereign immunity barred appellant inmate's action for his slip and fall because, in alleging defendants failed to maintain the slip-resistant surface on which he slipped, inmate adequately alleged injury caused by a dangerous condition of Commonwealth real estate but his negligence claims unconnected to negligent maintenance were barred. Reversed in part and affirmed in part.

  • GEICO Advantage Ins. Co. v. Modern Auto Crafters

    Publication Date: 2024-01-22
    Practice Area: Regulation
    Industry: Automotive | Insurance
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 907 C.D. 2020

    Body shop qualified as a tow company under Philadelphia Towing Ordinance where it distributed tow agreements to tow truck operators in the hope they would transport vehicles to the body shop, and it violated the ordinance with excessive fees because its agreement did not comply with the ordinance and thus a vehicle owner could not validly consent to the tow. Judgment of the trial court affirmed.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Federated Ins. Co. v. Summit Pharmacy (Bureau of Workers' Comp. Fee Review Hearing Office)

    Publication Date: 2024-01-22
    Practice Area: Labor Law
    Industry: Insurance | Pharmaceuticals | Retail
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 115 C.D. 2023

    Workers' compensation bureau erred in relying on Red Book to establish average wholesale prices for pharmaceuticals where Red Book values were based on manufacturer suggested prices rather than representing an average of actual wholesale transactions. Order of the Bureau of Workers' Compensation reversed and remanded.

  • Harrisburg Area YMCA v. Dep't of Human Serv.

    Publication Date: 2024-01-08
    Practice Area: Administrative Law
    Industry: Non-Profit | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 799 C.D. 2022

    Department of Human Services erred in revoking petitioner YMCA's childcare center license without considering it for a provisional license since YMCA was in substantial compliance. Reversed.

  • Resources for Human Dev., Inc. v. Dixon

    Publication Date: 2024-01-08
    Practice Area: Labor Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 494 C.D. 2022

    Board properly upheld Workers' Compensation Judge's decision granting claimant's review petition, arguing her average weekly wage ought to include wages from her concurrent employment, because substantial evidence supported WCJ's conclusions and employer's argument that claimant had to have worked at her concurrent employment on the date of her work injury failed. Affirmed.

  • Pennsylvania State Sys. of Higher Educ. v. Ass'n of Pennsylvania State Coll. & Univ. Faculties

    Publication Date: 2024-01-01
    Practice Area: Dispute Resolution
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 154 C.D. 2023

    Petitioner challenged the portion of the arbitrator's award ordering reinstatement of retrenched faculty and court found that while arbitrator had the authority to order additional meet and discuss, she lacked the authority to award reinstatement because that was not rationally derived from the CBA and the second prong of the essence test was not satisfied. Affirmed in part and reversed in part.

  • Precht v. Unemployment Comp. Bd. of Review

    Publication Date: 2024-01-01
    Practice Area: Employment Litigation
    Industry: Consulting | Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 710 C.D. 2021

    Unemployment benefits claimant appealed the denial of benefits on the grounds he was self-employed and court found no error in Unemployment Compensation Board of Review's reasoning that the positive steps analysis was applicable to a determination of whether an individual was self-employed in a stand-alone context under the law after he had been separated from his employment and, under that analysis, claimant was self-employed under the law. Affirmed.