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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
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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.
Publication Date: 2023-07-31
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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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
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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.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-05-08
Practice Area: Public Records
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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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
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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.
Publication Date: 2023-02-13
Practice Area: Civil Rights
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 699 C.D. 2021
Trial court erroneously dismissed prison inmate's complaint for failure to exhaust administrative remedies where inmate sufficiently alleged that prison officials destroyed his grievance and administrative appeal forms and warned or threatened him against filing future grievances. Order of the trial court reversed, case remanded.
Publication Date: 2023-01-30
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 1178 C.D. 2018
Finding an intoxicated driver unconscious in the driver's seat of a running vehicle provided a sufficient basis for police's reasonable belief that the driver was in physical control of their vehicle while intoxicated to support a DUI arrest. Order of the trial court reversed.
Publication Date: 2023-01-16
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 1228 C.D. 2021
Common pleas did not err in its application of the Pennsylvania State Education Association balancing test and correctly found objectors' privacy interest in their names and home addresses outweighed the public interest in disclosure in appellant's Right-to-Know law action seeking the names and home addresses of donors to a city legal defense fund. Affirmed.
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