• Ambrogio v. Pocono Mountain Sch. Dist.

    Publication Date: 2022-07-11
    Practice Area: Administrative Law
    Industry: Education | Insurance
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0763

    Employer was not obligated to reimburse claimant for expenses related to medical marijuana and did not violate the Workers' Compensation Act for refusing to do so where his medical marijuana certification and related purchases did not arise from his accepted work-related injury. The appellate court affirmed.

  • Commonwealth v. Buchanan Auto., Inc.

    Publication Date: 2022-06-27
    Practice Area: Administrative Law
    Industry: Automotive | Retail | State and Local Government
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0710

    Administrative employee who merely signed sales paperwork was not a "salesperson" within the meaning of the Board of Vehicles Act where they had no interaction or communication with the customer and did not make any "representations" concerning the vehicle being sold. Judgment of sentence vacated.

  • Log Cabin Prop., LP v. Pennsylvania Liquor Control Bd.

    Publication Date: 2022-06-20
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0676

    Petitioner could seek damages from the Pennsylvania Liquor Control Board based on its violation of a statutory mandate to implement a procedure for processing special alcohol orders to permit properly licensed companies to sell and deliver such orders directly to customers without added handling fees. The court denied defendant's preliminary objections.

  • Ailac, Ltd. v. PennDOT

    Publication Date: 2022-06-13
    Practice Area: Administrative Law
    Industry: Automotive | State and Local Government
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Waite
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0558

    Where the Pennsylvania Department of Transportation pursued two companion cases involving a mechanic and his licensed business, the court found that both matters were controlled by 75 Pa.C.S. §4724 and were, therefore, subject to the original appellate jurisdiction of the courts of common pleas. The court granted in part and denied in part petitioner's appeal.

  • MFW Wine Co., LLC v. Liquor Control Bd.

    Publication Date: 2022-06-13
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0644

    Petitioners sought damages, costs, interest and attorney fees after trial court granted mandamus ordering liquor board to implement a special order processing procedure and court found board was a "person" under §8383 of the judicial code and was liable for petitioner's damages, interest costs and attorney fees. Application granted.

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  • Brian Temme Tree Serv. v. Ecott

    Publication Date: 2022-06-06
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0619

    A workers' compensation judge erred in denying employer's petition to modify claimant's total disability status where the judge rejected an expert's impairment rating based solely on her personal opinion of how an impairment rating evaluation addressing claimant's particular condition should be conducted. The appellate court reversed.

  • Brown v. Unemployment Comp. Review Bd.

    Publication Date: 2022-05-23
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0578

    Claimant failed to establish a valid justification for refusing to comply with employer's reasonable directive to get a flu vaccine; therefore, the lower jurisdictions did not err in finding her ineligible for benefits under §402(e) of the Unemployment Compensation Law. The commonwealth court affirmed.

  • In re: Appeal of 738 MOC, Inc.

    Publication Date: 2022-05-16
    Practice Area: Administrative Law
    Industry: Food and Beverage
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Patrick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0382

    Respondent was properly cited for violating 47 P.S. §4-415(a)(8) of the Liquor Code for improperly allowing the purchase of wine through its website and completing the sale of wine at a location arranged by the buyer given the Pennsylvania Liquor Control Board's interpretation of the statute that the purchase of wine must be completed at the licensed premises. The court recommended affirmance.

  • Troiani Group v. City of Pittsburgh Bd. of Appeals

    Publication Date: 2022-04-04
    Practice Area: Administrative Law
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0360

    Trial court erred in reversing board's decision to deny a demolition plan for a six-story building because board's decision reflected that the board, informed by its members' expertise, weighed the record evidence and disagreed with plaintiff's experts regarding the need for preemptive demolition of adjacent structures as a safety measure. Reversed.

  • Muth v. Pub. Sch. Employees' Ret. Bd.

    Publication Date: 2022-03-28
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0334

    Public School Employees' Retirement System filed preliminary objections to petitioner's action seeking a court order declaring she, as a board member, was entitled to review the documents she had requested and court overruled PSERS' objections because the records petitioner sought were related to a current PSERS asset, were "reasonably related" to her duties as a board member and she had a fiduciary obligation to exercise due diligence to manage and control PSERS funds. Objections overruled.