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Publication Date: 2023-09-25
Practice Area: Public Records
Industry: Legal Services | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 514 C.D. 2022
Office of Open Records properly ordered Public Utility Commission to produce certain records that commission argued were exempt under the "predecisional deliberation" and "notes and working papers" exceptions and attorney-client privilege and court found commission did not meet its burden of proving the disputed records were exempt from disclosure. Affirmed.
Publication Date: 2023-09-18
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
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Case Number: 515 C.D. 2022
State medical board erred in retroactively applying new law barring licensing of persons convicted of sex crimes to practitioner seeking reinstatement of a suspended license, since practitioner had vested property interest in his license and there was no evidence of legislative intent for retroactive application of the statute. Order of the State Board of Osteopathic Medicine vacated and remanded.
Publication Date: 2023-09-11
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 1863 C.D. 2019
Trial court erred in ruling on petition to strike sheriff's sale decree when petitioner had failed to join the third-party purchaser of the property to the action. Order of the trial court vacated and remanded, city's application to strike granted.
Publication Date: 2023-09-04
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
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Case Number: 581 C.D. 2022
Trial court erred in holding that the Department of Transportation, Bureau of Driver Licensing was collaterally estopped from pursuing licensee's license suspension after licensee pled guilty to a criminal charge of conspiracy to flee or elude because licensee was convicted only of conspiracy, was a passenger in the car and the operating privilege suspension in 75 Pa. C.S. §1532(b)(3) was not applicable. Affirmed.
Publication Date: 2023-06-12
Practice Area: Contracts
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 1194 C.D. 2021
Trial court applied the incorrect legal standard in finding appellant failed to establish a prima facie case for commonality, predominance and typicality in her class action for breach of contract in city's first rescheduling and then transitioning a road race to a virtual event. Reversed and remanded.
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Publication Date: 2023-05-29
Practice Area: Contractual Disputes
Industry: Construction | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 375 C.D. 2022
Trial court erred in denying appellants' motion in limine seeking to have the jury determination in two prior confession of judgment cases established as facts in this action over funding of building renovation and court found the request to prevent borough and borough council members from relitigating the earlier jury determinations met the elements of collateral estoppel. Reversed.
Publication Date: 2023-05-22
Practice Area: Election and Political Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
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Case Number: 237 C.D. 2023
Common pleas court properly denied petitioners' petitions to open ballot boxes and conduct a recount by hand because board of elections had standing to challenge the petitions and court agreed with common pleas' interpretation of the election code and found petitioners needed to file their petitions as to each election district in which ballots were cast for the offices in question and plead and offer prima facie evidence that a particular act of fraud or error occurred. Affirmed.
Publication Date: 2023-05-15
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 444 C.D. 2022
Court agreed with board that workers' compensation judge did not err in considering employer's expert's medical testimony in employer's termination petition asserting petitioner had fully recovered from her work related injury because WCJ found employer's expert's testimony more credible and that expert assumed the presence of petitioner's injury and found it had resolved. Affirmed.
Publication Date: 2023-05-08
Practice Area: Civil Appeals
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 34 C.D. 2022
Appellant was not an "aggrieved" party under Rule Of Appellate Procedure 501 because the statement in the common pleas opinion to which he objected was non-precedential dictum and he lacked standing to appeal. Appeal dismissed.
Publication Date: 2023-04-24
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 598 C.D. 2021
Appellants appealed from a trial court order overruling their objections and exceptions to an upset tax sale and refusing to set aside the tax sale of real property. The court reversed.
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