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Publication Date: 2019-10-28
Practice Area: Tax
Industry: Financial Services and Banking | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1270
Board of Finance and Revenue correctly denied a sales tax refund where bank's purchase of computer hardware and security software was a "sale at retail" and where the Financial Institution Security Equipment regulation obligating a vendor to pay tax had been overruled by amendments to the tax code under which the regulations was promulgated. Plaintiff's exceptions overruled.
Publication Date: 2019-10-14
Practice Area: Government
Industry: Food and Beverage | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 19-1215
Trial court did not abuse its discretion or commit an error of law in affirming the board and ordering landowner to bear the cost of planting a new tree after he received a permit to remove an existing tree because the ordinance required a new tree be planted and the cost imposed on the abutting real estate owner and landowner failed to provide evidence that new tree would harm his business. Affirmed.
Publication Date: 2019-09-16
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 19-1089
Board erred in revoking 102 days of street time credit previously awarded to petitioner as a technical parole violator when recommitting him as a convicted parole violator because that was contrary to the holding in Penjuke v. Bd. of Probation and Parole, 203 A.3d 401. Reversed in part.
Publication Date: 2019-07-22
Practice Area: Labor Law
Industry: Education | Recruitment and Staffing
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 19-0838
The California Area Education Association, PSEA/NEA is the exclusive representative of a collective bargaining unit of professional employees of the California Area School District. Before the start of the 2016/17 school year, the district decided to eliminate two specialist positions, including a full-time high school librarian and a half-time elementary school art teacher. The union filed a grievance alleging that the elimination of the two specialist positions violated article IX of the applicable collective bargaining agreement, e
Publication Date: 2019-06-24
Practice Area: Banking and Finance Laws
Industry: E-Commerce | Non-Profit
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 19-0716
The Pennsylvania Department of Banking and Securities Commission erred in concluding that petitioner, an on-line mobile "giving app," engaged in the business of "transmitting money" without the proper license in violation of the Pennsylvania Money Transmitter Act, as petitioner was not "transmitting money." The commonwealth court reversed.
Law Journal Press | Digital Book
Authors: SHARI L. KLEVENS, ALANNA G. CLAIR
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Publication Date: 2019-06-24
Practice Area: Employment Litigation
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 19-0730
Board correctly held that claimant was not self-employed pursuant to §402(h) because the real estate act prohibited her from working for any real estate broker other than petitioner and she was eligible for benefits, but board erred to the extent it suggested she was an employee of petitioner because that issue was not before it. Affirmed.
Publication Date: 2019-06-24
Practice Area: Civil Procedure
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 19-0713
The trial court erred in not reinstating plaintiff's appeal as defendants were precluded from seeking relief under Rule 1006 of the Pennsylvania Magisterial District Judge Rules for failure to file a timely complaint after plaintiff had already filed her complaint. The appellate court reversed.
Publication Date: 2019-06-17
Practice Area: Labor Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 19-0703
The regular place of mailing for purposes of the mailbox rule was the place where a mailed item entered the U.S. Mail system, such that a referee's office's outbox did not qualify and the office could not testify that a notice of hearing was presumptively mailed to the employer in a UC case. Order of the trial court reversed, case remanded.
Publication Date: 2019-06-17
Practice Area: Government | Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 19-0705
Trial court properly concluded that township established the existence of a public road by prescriptive easement where township presented evidence that it had maintained, and the public had used, a connector road over private property for at least the prescriptive period of 21 years. Judgment affirmed.
Publication Date: 2019-05-06
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 19-0520
RTKL request properly denied when it sought demographic information from claimants under the Victims Compensation Program where the Crime Victims Act precluded disclosure of any victim information and the RTKL exempted any information prohibited from disclosure by state or federal law. Order of the Office of Open Records affirmed.
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