• S.E.N. v. Dep't of Educ. (Prof'l Standards & Practices Comm'n)

    Publication Date: 2024-09-13
    Practice Area: Administrative Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 651 C.D. 2023

    No error in suspending license of a teacher who knowingly allowed a paramour who had been designated a sexually violent predator into her home with her minor daughter, which led to her charges of endangering the welfare of a child. Order of the Professional Standards and Practices Commission affirmed.

  • Straile v. Pennsylvania Dept. of Transp., Bureau of Driver Licensing

    Publication Date: 2024-09-06
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 262 C.D. 2023

    The court reversed the decision of the trial court that sustained the statutory appeal of licensee from a one-year suspension of her operating privileges for refusing to submit to chemical testing under the implied consent law.

  • El Mariachi Mexican Rest., LLC v. Pennsylvania Liquor Control Bd.

    Publication Date: 2024-08-30
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 837 C.D. 2023

    Applicant demonstrated reasonable efforts to acquire liquor license under county quota scheme by contacting license holders and making purchase offer within its financial means to the sole party who responded with interest, as Pennsylvania Liquor Control Board regulations did not require a fair market offer if applicant's financial means could not support it. Order of the trial court affirmed.

  • Gainer v. Unemployment Comp. Bd. of Review

    Publication Date: 2024-08-30
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1577 C.D. 2022

    Claimant who mistakenly applied for wrong unemployment compensation program in good faith nonetheless remained obligated to repay improperly received benefits. Order of the Unemployment Compensation Board of Review affirmed.

  • England v. Merion Constr.

    Publication Date: 2024-08-23
    Practice Area: Labor Law
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 304 C.D. 2021

    Claimant petitioned for review of an order of the Workers' Compensation Appeal Board that affirmed two decisions of a Workers' Compensation Judge regarding claimant's post-injury claim. The court affirmed, holding that the WCJ correctly identified claimant's employer as the subcontractor that he worked for on a construction project, which had purchased WC insurance through the general contractor-controlled insurance program, rather than the general contractor itself. The court concluded further that the WCJ correctly calculated the su

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  • Follman v. Sch. Dist. of Philadelphia

    Publication Date: 2024-08-02
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1323 C.D. 2023

    Petitioner sought review of an order of Pennsylvania's Secretary of Education which affirmed a decision of respondent School District of Philadelphia's Board of Education that dismissed petitioner from his employment as a tenured teacher. The court reversed, reinstated petitioner, and remanded for a determination of damages. The court held that Board violated petitioner's rights to a hearing under the School Code's procedures for the termination of tenured professional employees when Board's hearing officer conducted petitioner's term

  • Brown-Boyd v. Se. Pennsylvania Transp. Auth.

    Publication Date: 2024-07-26
    Practice Area: Personal Injury
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1167 C.D. 2022

    Defendants appealed the trial court's denial of their motion for summary judgment in plaintiff's action for personal injuries suffered while disembarking from a public transit bus. The court affirmed, holding that defendant bus driver was "operating" the bus for purposes of the vehicle exception to sovereign immunity when she stopped to allow plaintiff to exit and allegedly refused to lower the bus's handicap ramp, causing plaintiff's injuries.

  • Appeal of: Clarke

    Publication Date: 2024-06-07
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 249 C.D. 2023

    Appellant appealed the trial court's order concluding that he lacked standing to appeal a zoning board of adjustment's variance approval and quashing his appeal. The court affirmed, holding that appellant, as an individual member of the city council, lacked standing to appeal a decision of the ZBA.

  • Turner v. Lower Merion Sch. Dist.

    Publication Date: 2024-05-24
    Practice Area: Personal Injury
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 657 C.D. 2023

    Appellants appealed the trial court's order granting appellee school district's motion for judgment on the pleadings and dismissing their negligence complaint with prejudice. The court affirmed, holding that appellants' suit did not fall within the real property exception to governmental immunity where their claim stemmed from an injury caused by personalty rather than realty, namely a temporary kickball base not affixed to the ground that slid out from under a high school student during a physical education class.

  • Moreno v. Schuylkill County Tax Claim Bureau

    Publication Date: 2024-05-17
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 168 C.D. 2023

    Tax bureau failed to comply with notice requirements of the Real Estate Tax Sale Law by not undertaking reasonable efforts to locate the property's owner after the upset sale notice was returned undelivered. Order of the trial court reversed.