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Publication Date: 2018-04-24
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 18-0475
Use of confidential child abuse expungement proceeding testimony in subsequent licensure disciplinary proceeding warranted under due process grounds preliminary objections of the Bureau of Hearings and Appeals overruled.
Publication Date: 2018-04-17
Practice Area: Civil Procedure | Landlord Tenant Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 18-0444
The trial court erred in concluding that plaintiffs motion for reconsideration of a decision in favor of defendant was not a post-trial motion for purposes of Pa.R.Civ.P. 227.1 and that he failed to preserve any issues for appellate review. The appellate court vacated and remanded.
Publication Date: 2018-04-03
Practice Area: Real Estate
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 18-0398
Trial court properly found that landowner did not waive its right to raise the issue of a de facto taking, despite its failure to file preliminary objections to DOTs declaration of taking, because the 0.142 acre area that was allegedly a right-of-way was not properly identified and included in the declaration but the trial court did err in determining that an inverse condemnation had occurred because the board of property had exclusive jurisdiction to determine title to property to which the commonwealth held an interest. Affirmed in
Publication Date: 2018-03-13
Practice Area: Administrative Law | Labor Law
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 18-0255
Employees failure to explain noncompliance with employers requirements, though allegedly based on employers mistaken interpretation of its statutory obligations, supported finding of willful misconduct disqualifying employee from unemployment compensation benefits.
Publication Date: 2018-03-06
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 18-0232
Trial court erred as a matter of law in sustaining drivers appeal of the three month suspension of his operating privileges for violating §1786(f), operating a vehicle without the required financial responsibility, because driver pled guilty to violating §1786(f) and admitted that he did not obtain insurance until 17 minutes after the traffic stop was initiated. Reversed.
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Authors: Daniel A. Cohen, Joshua Feinstein
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Publication Date: 2018-02-06
Practice Area: Energy and Natural Resources | Public Records
Industry: Energy
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 18-0113
OOR erred in deciding that PUC had to turn over emails in response to a RTKL request because OOR failed to determine on an individual basis whether the emails constituted attorney work product of either the PUC or energy company whose counsel received and sent some of the emails and energy company had to be invited to participate and be given the opportunity to protect its interests. Vacated and remanded.
Publication Date: 2018-02-06
Practice Area: Energy and Natural Resources | Public Records
Industry: Energy
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 18-0114
OOR erred in deciding that PUC had to turn over emails in response to a RTKL request because OOR failed to determine on an individual basis whether the emails constituted attorney work product of either the PUC or energy company whose counsel received and sent some of the emails and energy company had to be invited to participate and be given the opportunity to protect its interests. Vacated and remanded.
Publication Date: 2018-01-30
Practice Area: Dispute Resolution | Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 18-0080
The trial court erred in granting Coaldale Boroughs petition to quash a police chiefs request for arbitration since the dispute over the injured officers service-related disability pension was arbitrable under the high courts recent ruling in City of Arnold v. Wage Policy Committee of Arnold Police Dept. The appellate court reversed an order granting the Boroughs petition to quash an arbitration request.
Publication Date: 2018-01-02
Practice Area: Administrative Law | Employment Litigation
Industry: Health Care | Insurance
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 17-1893
WCJ properly granted employers modification petition seeking to reduce claimants benefits based on an earning capacity because the labor market survey and earning power assessment listed six jobs, employers and claimants treating physician both testified that she was capable of performing some type of work, WCJ found employers witnesses more credible and claimants evidence of unsuccessful applications to the jobs listed in the LMS/EPA was relevant but not dispositive with regard to earning power. Affirmed.
Publication Date: 2017-12-26
Practice Area: Administrative Law | Regulation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 17-1846
Drivers license suspension properly set aside due to delay between conviction and suspension attributable to court clerks office, where inquiry on whether to set aside suspension was focused on the prejudice suffered by the licensee due to the delay, rather than the length of the delay itself. Order of the trial court affirmed.
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