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Publication Date: 2018-08-07
Practice Area: Land Use and Planning
Industry: Construction | Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0923
Trial court erred in directing appellant to pay fines in a dispute over a privy and in finding that the privy ordinance applied retroactively but correctly found that trust that owned the property violated the uniform construction code by not obtaining building permits for two later-built residences and the matter was remanded for the trial court to consider the issue of religious freedom under the federal and state constitutions and the religious freedom act. Affirmed in part, reversed in part and vacated in part.
Publication Date: 2018-06-05
Practice Area: Employment Litigation
Industry: Construction
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0663
Board properly found that claimant had a fixed place of work at the time of the automobile accident that injured him, that his employment agreement with employer did not contain provisions for travel, there was no evidence that employer provide or controlled the means of claimant's commute and no exception to the "going and coming" rule applied. Affirmed.
Publication Date: 2018-05-01
Practice Area: Personal Injury
Industry: Federal Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0513
Trial court correctly found that appellee Cuthbert was entitled to sovereign immunity because she was acting within the scope of her duties when she made allegedly defamatory statements about appellant to other employees and the unemployment compensation representative but trial court erred in dismissing appellants claim that appellee made knowingly false statements to third parties because appellants allegations were sufficient to overcome appellees preliminary objections on that point. Affirmed in part, reversed in part.
Publication Date: 2018-04-24
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
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
Attorneys: For plaintiff:
for defendant:
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.
Law Journal Press | Digital Book
Authors: Daniel A. Cohen, Joshua Feinstein
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Publication Date: 2018-04-03
Practice Area: Real Estate
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
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
Attorneys: For plaintiff:
for defendant:
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
Attorneys: For plaintiff:
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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.
Publication Date: 2018-02-06
Practice Area: Energy and Natural Resources | Public Records
Industry: Energy
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
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
Attorneys: For plaintiff:
for defendant:
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.
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