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Publication Date: 2019-01-01
Practice Area: Evidence | Expert Witnesses | Tax
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1580
The trial court did not err in allowing into evidence the testimony and reports of expert witnesses where the defendant county was in possession of the reports prepared by both experts and aware of data they relied upon but chose not to subpoena them. The commonwealth court affirmed the trial court's order.
Publication Date: 2018-10-23
Practice Area: Administrative Law | Criminal Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1274
Board's revocation of petitioner's barber licenses under §9124(c) of Criminal History Record Information Act was an abuse of discretion because the board's decision rested largely on speculative concerns, assumed no possibility of rehabilitation and did not consider the passage of time since petitioner's crime. Reversed.
Publication Date: 2018-10-16
Practice Area: Administrative Law | Regulation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1238
Board abused discretion in revoking professional licenses based on remote criminal conduct, separated by years of compliance with rehabilitative efforts and gainful employment, based on speculation licensee could pose a risk to members of the public. Order of the State Board of Barber Examiners reversed.
Publication Date: 2018-09-04
Practice Area: Environmental Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1046
The court found that the regulatory definitions of "other critical communities," "common areas of a schools' property" and "playground contained in 25 Pa. Code §78a.1 were void and unenforceable and §78a.15(g)'s requirement that the department consider comments submitted by municipalities was unconstitutional and unenforceable but denied petitioner's challenge to chapter 78 regulations in all other aspects. Granted in part and denied in part.
Publication Date: 2018-06-26
Practice Area: Employment Litigation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0761
Board properly held that bus driver committed willful misconduct and was not eligible for unemployment benefits when he violated a work rule by ceasing to use a detour on his route because his claim of permission to change the route was not supported by the evidence and he was aware of the work rule that prohibited deviations from assigned routes. Affirmed.
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Publication Date: 2018-06-19
Practice Area: Public Records
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0703
The proposal documents sought by petitioner, an unsuccessful bidder on a request for proposal, remained exempt from disclosure under §708(b)(26) of the Right-to-Know Law where there had been a selection of offerors but no award of contract. The appellate court affirmed.
Publication Date: 2018-05-29
Practice Area: Discovery
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0626
The trial court did not err in finding that a spreadsheet containing information about donors to a City of Harrisburg fund set up to defray legal expenses associated with defending local firearm ordinances was not a "financial record" under the Right-to-Know Law and, thus, the spreadsheet was exempt from disclosure under the law's donor exception. The appellate court affirmed the trial court's order.
Publication Date: 2018-05-15
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0577
Petitioner was entitled to summary relief on the count in his petition asserting that applying SORNA to him would violate the ex post facto clauses of the United States and Pennsylvanias constitutions because petitioner committed his crimes and entered his plea of nolo contendere long before SORNA went into effect and when the registration requirements for attempted rape and rape were much less onerous. Petition granted.
Publication Date: 2018-05-08
Practice Area: Administrative Law | Regulation
Industry: Pharmaceuticals
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0518
Petitioner failed to exhaust its administrative remedies in its challenge to the department of healths processing of dispensary permit ap-plications because petitioner did not present a facial constitutional challenge to the act or temporary regulations so the constitutional exception to the doctrine of exhaustion of remedies did not apply and petitioner did not show that the departments administrative remedy was inadequate. Petition dismissed.
Publication Date: 2018-04-24
Practice Area: Tax
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0481
Trial court erred in allocating the local services taxes, from an integrated facility that straddled two townships, based on where within the building the employees worked because that interpretation added language to the statute and the correct allocation was based on boundary lines and the percentage of the property within a particular township. Reversed.
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