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Publication Date: 2024-11-01
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 877 C.D. 2023
Licensee appealed the trial court's denial of his statutory appeal and reinstatement of Commonwealth's suspension of his driver's license for refusal to submit to chemical testing. The court affirmed, holding that licensee's conduct after initially consenting to chemical testing rose to the level of a refusal where licensee merely stalled for time by claiming a need to review the DL-26B form at length before signing the document.
Publication Date: 2024-10-18
Practice Area: Tax
Industry: Non-Profit | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1151 C.D. 2023
The court affirmed the order of the trial court denying appellant's petition to file an assessment appeal nunc pro tunc because the church failed to present any evidence of fraud, a breakdown of court operations, or other extraordinary circumstances that would warrant relief nunc pro tunc.
Publication Date: 2024-09-13
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 379 M.D. 2024
Objectors petitioned to set aside nomination papers of the Socialism and Liberation candidates for President and Vice President of the United States in the November 2024 general election. The court granted the petition, holding that Socialism and Liberation's nomination papers and slate of candidates had to be struck where seven of the body's presidential electors were registered Democrats and thus were disqualified under the Pennsylvania Election Code's disaffiliation provision.
Publication Date: 2024-08-09
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 961 C.D. 2022
University could terminate police officer for discriminatory social media posts under long-standing public policy prohibiting discrimination and department policy requiring officers to exercise their duties with respect for others' rights. Petition for review granted.
Publication Date: 2024-08-09
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1312 C.D. 2022
Worker's Compensation Appeal Board decision granting employer's modification petitions and denying claimant's request for litigation cost reimbursement affirmed. Board's order denying the employer's request to set aside the stipulation of facts reversed.
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Publication Date: 2024-07-19
Practice Area: Consumer Protection
Industry: Construction
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 861 C.D. 2023
Appellant home improvement contractors appealed the trial court's order granting partial summary judgment in favor of appellee Commonwealth. The court held that the Home Improvement Consumer Protection Act requires a home improvement contractor to honor a timely cancellation request from a customer without regard to whether the request is made in writing or via some other medium that provides actual notice of cancellation.
Publication Date: 2024-07-12
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 394 C.D. 2022
Trial court erred in upholding denial of conditional use application for B&B estate where applicant was entitled to variance from requirement that guest rooms utilize owner-occupied structures. Order of the trial court reversed, case remanded.
Publication Date: 2024-03-29
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 109 M.D. 2024
Court had jurisdiction to extend the deadline to file a petition to set aside a nomination petition after granting a candidate mandamus relief giving the candidate more time to file an amended petition to cure defects. Objectors' petition to set aside granted, candidate's motion to dismiss denied.
Publication Date: 2024-03-08
Practice Area: Real Estate
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 941 C.D. 2022
Trial court erred in finding a private road because there was no allegation in the complaint or any evidence in the record demonstrating that the road was ever laid out and opened as a private road pursuant to the Private Road Act and use alone did not establish a private road or create an easement. Reversed.
Publication Date: 2024-03-08
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 69 C.D. 2023
Appellant appealed the trial court's denial of his appeal from the suspension of his vehicle operating privilege for 18 months, and from the lifetime disqualification of his commercial driving privilege. The court affirmed in part and reversed in part, concluding that appellant was not subject to lifetime disqualification of his commercial driving privilege where the officer who arrested him for driving a private vehicle under the influence failed to advise him that his refusal to submit to a blood test could result in lifetime loss o
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