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  • McElwee v. Bureau of Prof'l & Occupational Affairs

    Publication Date: 2022-02-07
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0128

    Petitioner appealed state board of veterinary medicine's holding that her practice as an animal chiropractic constituted the unlicensed practice of veterinary medicine and court found the substance of her treatment for subluxations, as defined by petitioner in her testimony, was included in the definition of "veterinary medicine." Affirmed.

  • Vazquez-Santiago v. Commonwealth

    Publication Date: 2022-01-31
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0103

    Bureau of driver licensing appealed trial court's finding that licensee did not knowingly and consciously refuse to submit to a chemical test due to his inability to understand English and court found trial court's findings of fact were supported by substantial evidence and licensee's inability to understand form DL-26B prevented him from understanding the consequences of refusing to submit to testing. Affirmed.

  • Ferguson v. Commonwealth

    Publication Date: 2022-01-24
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0076

    Because use of Accelerated Rehabilitative Disposition as a prior offense was only unconstitutional in criminal sentencing, the DOT could civilly suspend a driver's license for a licensee who had previously accepted ARD for DUI. Order of the trial court affirmed.

  • Baviera v. Commonwealth

    Publication Date: 2021-12-27
    Practice Area: Administrative Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1392

    The court held that the licensee made a knowing and conscious refusal of a blood test after having implied consent warnings read to her and her signing the associated form, even if she did not remember the warning or signing. Licensee's appeal of license suspension affirmed.

  • Quigley v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-12-13
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1430

    Claimant appealed board's reversal of her eligibility for unemployment compensation and court found board erred in sua sponte deciding the issue and in not giving claimant a hearing on the issue. Reversed.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Corman v. Pennsylvania Dep't of Health

    Publication Date: 2021-11-29
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1381

    Petitioner sought summary relief and an injunction to prevent acting secretary of the Pennsylvania Department of Health from enforcing a COVID-19 masking order and court found governor did not declare a new disaster emergency, acting secretary lacked authority to issue the order without complying with formal rulemaking requirements and the order was void ab initio. Summary relief granted to petitioner.

  • Rodriguez v. Hanna

    Publication Date: 2021-11-15
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1225

    Defendant, the Lehigh County sheriff, had authority under the Pennsylvania Firearms Act to investigate plaintiff's record of criminal conviction and to revoke his firearm permit after finding that his character and reputation were such that plaintiff would be likely to act in a manner dangerous to public safety. The court denied plaintiff's appeal.

  • Jones v. Dep't of Transp.

    Publication Date: 2021-11-15
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1321

    Trial court erred in sustaining driver's appeal of his license suspension for refusing to submit to a blood test and holding officer lacked reasonable grounds to believe driver was operating his vehicle while under the influence of a controlled substance because officer acted within his discretion in requesting driver to submit to a blood test after driver passed a breathalyzer test. Reversed.

  • Sidelines Tree Serv., LLC v. Dep't of Transp.

    Publication Date: 2021-11-15
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1322

    Secretary properly rejected petitioner's protest of rejection of its bid submission because substantial evidence supported secretary's determination that petitioner's history of poor performance precluded status as a responsible bidder. Affirmed.

  • Burkholder v. Dep't of Agriculture

    Publication Date: 2021-11-01
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1277

    The Department of Agriculture erred in imposing ongoing penalties upon petitioner, a class IV animal kennel license holder, for two discrete unauthorized transfers of dogs in excess of the number allowed since his conduct involved two separate and discrete violations of the Dog Law, warranting separate penalties. The commonwealth court reversed in part.