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Publication Date: 2022-10-17
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 1268 C.D. 2020
Trial court erred in reversing licensee's 12-month license suspension because DOT properly held that licensee's prior accelerated rehabilitative disposition program did constitute a prior offense as defined in 75 Pa.C.S. §3806 and DOT met its prima facie burden of proving that licensees was subject to a 12-month license suspension. Reversed.
Publication Date: 2022-10-17
Practice Area: Administrative Law
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 824 CIVIL 2022
The court affirmed the decision of the Pennsylvania Department of Transportation suspending petitioner automotive service company's license due to fraudulent record keeping. The court noted that the department presented sufficient requisite level of proof at the hearing to affirm the decision.
Publication Date: 2022-10-17
Practice Area: Administrative Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 14 C.D. 2021
The Unemployment Compensation Board of Review properly disregarded employer's hearsay evidence regarding claimant's alleged misconduct as the evidence was not corroborated by other competent evidence in the record. The commonwealth court affirmed an order granting claimant unemployment compensation benefits.
Publication Date: 2022-10-10
Practice Area: Administrative Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Robreno
Attorneys: For plaintiff:
for defendant:
Case Number: 20-2230
Both parties moved for summary judgment in plaintiff's action asserting her due process rights were violated when police department did not follow up on a returned certified letter stating her license to carry concealed firearm permit had been revoked and court agreed plaintiff had a protected property interest in the LCT but department's policy of sending certified and regular mail letters at the same time comported with due process. Plaintiff's motion denied, defendant's motion granted.
Publication Date: 2022-10-06
Practice Area: Administrative Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Chief Judge Roth
Attorneys: For plaintiff:
for defendant:
Case Number: 20-3569
Appellant appealed the dismissal of its action under the Carmack Amendment for losses allegedly resulting from the blending of gasoline.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2022-09-26
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 1109 C.D. 2021
Trial court abused its discretion in granting garage owner's request to file his statutory appeal of his inspection certificate suspension nunc pro tunc because owner did not establish non-negligent circumstances to justify such relief. Reversed.
Publication Date: 2022-09-12
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1029
Challenges to administration of unemployment compensation benefits system dismissed where claimant received all due benefits and failed to sufficiently allege any respondent's personal involvement in the delay of payment of benefits. Respondents' preliminary objections sustained, case dismissed.
Publication Date: 2022-09-05
Practice Area: Administrative Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0990
The Unemployment Compensation Board of Review did not err in reversing claimant's unemployment compensation benefits award since she failed to demonstrate, under the follow-the-spouse doctrine, that circumstances beyond her husband's control caused his need to relocate to another state. The appellate court affirmed.
Publication Date: 2022-08-29
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0979
Trial court properly affirmed licensee's license suspension, but erred in ordering a 60-day credit because there was no basis in the vehicle code to credit the mandatory license suspension imposed as part of the voluntary accelerated rehabilitative disposition program against the mandatory license suspension imposed as a consequence of a DUI conviction. Affirmed in part and reversed in part.
Publication Date: 2022-08-22
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0951
Petitioner challenged the finding he failed to conform to standards of acceptable veterinary practice pursuant to §21(11) of the Veterinary Medicine Practice Act and court found state's expert's testimony did not violate petitioner's right to due process by intermingling prosecutorial and adjudicatory functions and substantial competent evidence supported finding petitioner fell below the standard of practice by failing to recommend X-rays for ailing dog but board improperly found petitioner fell below the standard by failing to recom
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