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  • Stout v. Unemployment Comp. Bd. of Review

    Publication Date: 2022-04-04
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0361

    Board erred in denying unemployment benefits based on claimant's alleged conscious intent to quit and court found claimant made necessary and reasonable efforts to preserve his employment by remaining in contact with employer, attempting to obtain Family and Medical Leave Act paperwork in multiple formats and complete it and conditions outside claimant's control caused many of the difficulties in getting the FMLA paperwork to his physician. Reversed.

  • Gallagher v. Abstract Overhead Door Corp.

    Publication Date: 2022-03-07
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0254

    Review petition to allege additional injuries properly denied where Workers' Compensation Judge did not credit claimant's testimony but credited medical testimony opining that any aggravation of claimant's injury had resolved. Order of the Workers' Compensation Appeal Board affirmed.

  • Sherwood v. Dep't of Corr.

    Publication Date: 2021-12-20
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1475

    Petitioner moved for summary relief in his challenge to the deduction of fees and costs from his inmate account after he received a $15,000 settlement payment and court found all the deductions were proper except for one $500 restitution order which required remand. Motion denied.

  • Campbell v. Pennsylvania Interscholastic Athletic Ass'n

    Publication Date: 2021-12-20
    Practice Area: Public Records
    Industry: Education | Non-Profit | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1464

    Pennsylvania Interscholastic Athletic Association was a public entity subject to the Right-to-Know Law where its board included public education officials and the association received its funding through membership dues paid by taxpayer-funded public schools and school districts. Order of the Office of Open Records affirmed as modified.

  • Dep't of Corr. SCI Chester v. Faison

    Publication Date: 2021-11-29
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1389

    WCJ's finding that employee had been subjected to non-consensual sex at work merely constituted finding of abnormal working conditions for workers' compensation claim and did not constitute legal finding of criminal conduct in violation of the purported offender's due process rights. Order of the WCAB affirmed.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • PublicSource v. Pennsylvania Dep't of Health

    Publication Date: 2021-11-22
    Practice Area: Public Records
    Industry: Non-Profit | State and Local Government | Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1360

    Requesters appealed Office of Open Records' upholding department of health's denial of part of requester's Right-to-Know Law request and court found the 2019 and 2020 information requesters sought was still in its raw form and not yet available for public access and the Vital Statistics Law's confidentiality provisions strictly prohibited department from disclosing raw data to requesters. Affirmed.

  • Kuharchik Constr., Inc. v. Commonwealth

    Publication Date: 2021-11-01
    Practice Area: Tax
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1269

    Court correctly determined that materials used to support a traffic signal device constituted "building machinery and equipment" exempt from use tax based on commonly accepted methods of statutory construction to define the terms "traffic signal" and "signal." Commonwealth's exceptions overruled.

  • Toland v. Bd. of Probation & Parole

    Publication Date: 2021-10-18
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1207

    Board filed preliminary objections to inmate's mandamus action over board's repeated denial of parole and court found inmate stated viable claims in mandamus for violation of the ex post fact prohibitions and for a violation of substantive due process based on board's alleged failure to consider the statutory standards for denying parole. Preliminary objections overruled.

  • In Re: $300,000 in U.S. Currency

    Publication Date: 2021-08-09
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0910

    Suppression motion could be filed in action for return of seized property to enable property owners to preclude the commonwealth's use of inadmissible evidence to obtain forfeiture. Order of the trial court vacated, case remanded.

  • N.T. v. Dep't of Educ.

    Publication Date: 2021-07-19
    Practice Area: Education Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0812

    Commission properly found petitioner committed a crime of moral turpitude and directed department to revoke his teaching certificate and eligibility to be employed as an educator and commission did not err by considering the specific charge in the indictment to which petitioner pled guilty, substantial evidence existed for commission to find petitioner pled guilty to the defraud clause of 18 U.S.C. §371 and commission did not err in determining conspiracy to defraud the United States was a crime of moral turpitude. Affirmed.