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Publication Date: 2019-08-12
Practice Area: Energy and Natural Resources
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0919
Court granted commonwealth's application for summary relief and concluded §§1604-E and 1605-E of the fiscal code and §1912 of the supplemental general appropriations act of 2009 were not facially unconstitutional because one third of the bonus and rental payments were not part of the corpus trust established by art. I, §27 of the Pennsylvania constitution and could be appropriated for general fund purposes. Application granted.
Publication Date: 2019-08-05
Practice Area: Public Records
Industry: Food and Beverage
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 19-0909
Office of Open Records erred in concluding that public interest in oversight of PLCB outweighed license and permit applicants' constitutional privacy interest in their home address information. Final determination of the Office of Open Records affirmed in part and reversed in part.
Publication Date: 2019-07-29
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 19-0885
Trial court correctly dismissed licensee's license suspension because the only evidence submitted by DOT to establish its prima facie case supporting the suspension was a defective form DL-21C in which the "Date of Disposition" block was not completed as required by DOT's regulations. Affirmed.
Publication Date: 2019-07-15
Practice Area: Administrative Law | Legislation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0808
Petitioners' constitutional challenge to the state budgets at issue were moot given that the requested declaratory relief would be of no appreciable affect due to the expiration of the relevant fiscal years, subsequent enactment of remedial legislation and, inter alia, absence of any allegations that present or future general appropriations bills were affected. The court dismissed petitioners' amended petition.
Publication Date: 2019-06-10
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
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Case Number: 19-0640
OAG properly ordered the Pennsylvania state police to amend the PICS database to remove the disability imposed on petitioner, in petitioner's appeal of the denial of his application to carry a firearm, because petitioner's full pardon by the governor of Delaware of his Delaware conviction excluded petitioner's offense from the uniform firearms act's definition of "conviction." Affirmed.
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Publication Date: 2019-04-22
Practice Area: Personal Injury
Industry: Distribution and Wholesale
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0465
Trial court did not abuse its discretion and did not err in issuing Pa. SSJI (Civ) 18.00, Pa SSJI (Civ) 18.50 and Pa. SSJI (Civ) 18.80 in appellant's slip and fall action based on her fall on the public sidewalk abutting defendant's property. Affirmed.
Publication Date: 2019-04-01
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 19-0355
The trial court erred in granting the union's preliminary objections on the ground that it lacked subject matter jurisdiction since the statutory provision vesting the Labor Relations Board with exclusive original jurisdiction over unfair labor practices did not divest the court of jurisdiction to entertain this equity action to enjoin a strike. The appellate court reversed and remanded.
Publication Date: 2019-04-01
Practice Area: Civil Procedure | Labor Law
Industry: Education | Recruitment and Staffing
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
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Case Number: 19-0359
PLRB lacked jurisdiction over public employer's complaint that its full-time employees and their union had engaged in a partial strike following the union's instruction to its members to stop performing mandatory assessments, while still receiving full compensation, since jurisdiction over a claim for relief from a strike lay exclusively with the courts. Order of the PLRB affirmed.
Publication Date: 2019-03-18
Practice Area: Administrative Law | Energy and Natural Resources
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0291
State board of property correctly found that the Pennsylvania Turnpike Commission took a fee simple estate when petitioner conveyed part of her property to the commission by deed in lieu of condemnation in 1990 for highway construction because petitioner's contentions in her quiet title action, that she did not intend to transfer the mineral rights and that commission abused its discretion in taking a fee simple estate, failed since the deed was clear and unambiguous and the commission clearly had the authority and discretion to obtai
Publication Date: 2019-02-12
Practice Area: Civil Rights | Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0155
OOR erred in ordering disclosure of public employees' counties of residence without performing a test balancing the public interest in disclosure against employees' constitutional right to privacy in such information. Order of the Office of Open Records reversed in part and affirmed in all other parts.
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