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Publication Date: 2024-05-31
Practice Area: Labor Law
Industry: Health Care | Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 560 C.D. 2020
Fee review applications were properly denied as prescriptions issued by physicians and filled by a pharmacy that the physicians held an interest in constituted an improper self-referral. Order of the Bureau of Workers' Compensation affirmed.
Publication Date: 2024-05-24
Practice Area: Education Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 1203 C.D. 2021
Appellant appealed the order of the Chester County Court of Common Pleas holding that the school principal and superintendent of schools were high public officials entitled to absolute immunity from appellant's defamation claims.
Publication Date: 2024-05-24
Practice Area: Administrative Law
Industry: Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 484 C.D. 2022
DOT's unreasonable delay in imposing a license suspension prejudiced licensee who refrained from driving upon the belief that his withdrawal of his appeal meant the suspension automatically went into effect and due to licensee's increasing need to transport his family and drive for work. Order of the trial court reversed.
Publication Date: 2024-04-05
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 96 M.D. 2024
Objector petitioned to set aside the nomination petition of United States Representative candidate John Broadhurst. The court dismissed the objection petition where objector improperly utilized email to serve a copy of the petition on the Secretary of the Commonwealth.
Publication Date: 2024-03-29
Practice Area: Employment Litigation
Industry: Food and Beverage | Hospitality and Lodging
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 43 C.D. 2023
Board erred in finding employer's expert's testimony was not legally competent because independent medical examination doctor accepted the adjudicated work injuries and opined that claimant was fully recovered from those work injuries. Reversed.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2024-03-15
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 363 C.D. 2022
Governor's office adequately requested additional time to review requested documents for privilege or exemption from disclosure where the office's affirmation expressly identified potential exemptions based on the activities of the officials whose records were sought. Final determination of the Office of Open Records affirmed in part and vacated in part.
Publication Date: 2024-03-01
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 315 M.D. 2018
Petitioner and parole board argued discovery issues in petitioner's challenge to the denial of his 2017, 2018 and 2019 parole applications and court found the 2022 parole denial did not make the action moot, confidentiality regulation was not a per se bar to the production of documents in a parolee's file, board did not show the criminal history record information act applied and court dismissed board's objections to interrogatories as boilerplate. Motions granted in part and dismissed in part.
Publication Date: 2024-02-09
Practice Area: Criminal Appeals
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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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
Publication Date: 2024-02-09
Practice Area: Personal Injury
Industry: Construction | Transportation
Court: Commonwealth Court
Judge: Judge Jubelirer
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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.
Publication Date: 2024-02-09
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: 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.
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