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Publication Date: 2018-06-26
Practice Area: Employment Litigation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Wojcik
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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.
Publication Date: 2018-06-19
Practice Area: Public Records
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Wojcik
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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
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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
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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:
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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.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2018-04-24
Practice Area: Tax
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
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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.
Publication Date: 2018-03-06
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 18-0222
Parole board correctly added remainder of original sentence, restarting from date of offenders return to the boards custody, following the offenders violation of parole. Order of the Board of Probation and Parole affirmed; counsels application to withdraw granted.
Publication Date: 2018-02-06
Practice Area: Administrative Law | Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
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Case Number: 18-0076
PLRB erred in failing to remove zoning officer from unit certification for collective bargaining purposes due to municipalitys failure to present evidence of actual duties, where legislatures statutory imposition of managerial duties upon zoning officers obviated need to present evidence of actual duties. Order of the Pennsylvania Labor Relations Board reversed.
Publication Date: 2017-12-05
Practice Area: Administrative Law | Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
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Case Number: 17-1717
Board properly found that employee was not disqualified from receiving unemployment benefits for willful misconduct because employer did not show disqualifying conduct in employees personal tweet about politics where employee did not violate employers social media or communication policies since the tweet was on her personal account and did not identify employer or link to employers website or twitter account. Affirmed.
Publication Date: 2017-12-05
Practice Area: Government
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
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Case Number: 17-1768
Order for appointment to office of constable not subject to exclusive appellate jurisdiction of Pennsylvania Supreme Court, where constable did not exercise policy-making authority characteristic of public offices subject to the supreme courts exclusive jurisdiction. Order of the trial court affirmed.
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