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Publication Date: 2023-12-04
Practice Area: Education Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 745 C.D. 2023
Trial court's order regarding signatures on a petition to appeal a district decision denying an application to operate a charter school was a final and appealable order and trial court properly ruled on the signatures. Affirmed.
Publication Date: 2023-11-13
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 302 C.D. 2022
Board properly upheld Workers' Compensation Judge's decision reinstating claimant's benefits as of the date of the reinstatement petition, rather than the date of the original impairment rating evaluation, court's statements in Dana Holding Corp. v. Workers' Compensation Appeal Bd., 232 A.3d 629, regarding the availability of an equitable balancing test and retroactive application of Protz v. Workers' Compensation Appeal Bd., 161 A.3d 827 in extraordinary cases did not require reversal of board's decision and board properly applied pr
Publication Date: 2023-09-18
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 301 C.D. 2022
Board erred in holding petitioner's natural hair braiding salon was the unlicensed practice of cosmetology and court found petitioner presented sufficient evidence to show the limited license requirements in §5(b)(3)(i) of the Beauty Culture Law relating to natural hair braiding were unconstitutional as applied to her and violative of her constitutional right under the Pennsylvania constitution to pursue her chosen occupation. Reversed.
Publication Date: 2023-08-28
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 1450 C.D. 2021
Public Utility Commission erred in concluding machine shop had the right to obtain electric distribution service from Metropolitan Edison Company based on MetEd having the authority to provide such services under its current or preexisting certificates of public convenience or by virtue of MetEd's acquisition of grandfathered legacy rights when it acquired the electric distribution facilities of the former Olmstead AFB. Reversed.
Publication Date: 2023-08-21
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 910 C.D. 2022
Petitioner challenged Pennsylvania Public Utility Commission's order approving applicant's acquisition of township's wastewater system. The court reversed where Commission erred and/or abused its discretion in concluding applicant established substantial affirmative public benefits that outweighed the acknowledged harms of the acquisition.
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Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 1367 C.D. 2019
Employees appealed the trial court's order sustaining labor union's and county's preliminary objections that alleged the trial court lacked subject matter jurisdiction over employees' complaint. The court reversed and remanded for further proceedings.
Publication Date: 2023-07-10
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 364 M.D. 2022
Petitioners applied for summary relief and respondents and intervenor respondents cross-applied for summary relief in an action to determine the legal viability of 2019 amendments to the Pennsylvania Election Code. Concluding the amendments were not invalidated, the court denied petitioners' application and granted respondents' cross-application.
Publication Date: 2023-06-12
Practice Area: Constitutional Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 978 C.D. 2021
Common pleas court erred in dismissing in forma pauperis appellant's complaint as frivolous under Pa.R.Civ.P. 240(j)(1) because it had already granted appellant IFP status and dismissal under that rule could only occur before common pleas granted IFP status. Vacated and remanded.
Publication Date: 2023-05-08
Practice Area: Public Records
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 1560 C.D. 2019
Petitioners Public Utility Commission and energy company challenged Office of Open Record's determination that responsive records containing confidential security information were disclosable and court found any challenge to transmittal letters that contained CSI was outside OOR's authority but OOR correctly found the public safety and public utility infrastructure security exemptions, the trade/secrets and privileged information exception and the noncriminal investigative exception did not apply to the non-CSI records. Reversed in pa
Publication Date: 2023-05-01
Practice Area: Education Law
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 587 M.D. 2014
Petitioners raised a constitutional challenge to the system of school funding and court interpreted the education clause of the Pennsylvania constitution, applied the constitutional standard and found the current system violated the equal protection clause. Petition for review granted.
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