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Publication Date: 2020-10-23
Practice Area: Administrative Law | Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: 19-2968
Plaintiff and intervenor appealed from the district court's grant of defendant's motion for judgment on the pleadings.
Publication Date: 2020-10-19
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1135
Preliminary injunction issued to prevent implementation of service changes by the Postal Service where such changes would have meaningful, nationwide impact on postal services and the Postal Service failed to obtain an advisory opinion and hold public hearings as required by law. Plaintiffs' motion for preliminary injunction granted.
Publication Date: 2020-10-12
Practice Area: Administrative Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1109
Government sought approval of parties' stipulated protective order and to seal parts of the administrative record in plaintiff store's action challenging its permanent disqualification from the SNAP program and court granted the stipulated protective order and sealed the parts of the administrative record that provided financial and identifying information about stores and SNAP members but declined to seal the names of third parties and the percentage to which plaintiff had higher SNAP transactions. Motion granted and denied in part.
Publication Date: 2020-09-07
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0975
Petitioners challenged the requirement for good moral character for cosmetologists and estheticians in 63 P.S. §511(a) as unconstitutional and a violation of the due process and equal protection clauses of the Pennsylvania constitution and court found the requirement, on its face, violated the equal protection mandates of the Pennsylvania constitution. Motion granted.
Publication Date: 2020-08-17
Practice Area: Administrative Law
Industry: Cargo and Shipping | Insurance
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0879
While the Workers' Compensation Appeal Board erred in holding that claimant was entitled to benefits under two statutes providing exclusive remedies, the plaintiff insurer was not entitled to subrogation under §319 of the Workers' Compensation Act against its own insured. The commonwealth court affirmed.
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Publication Date: 2020-08-10
Practice Area: Administrative Law
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0745
Where police found the licensee, who smelled of alcohol and slurred his speech, and another individual sleeping inside his vehicle as it was stopped in the middle lane of traffic, with the engine running and the vehicle in gear, they had reasonable grounds to suspect licensee had been driving under the influence to request a blood test. The court denied licensee's appeal.
Publication Date: 2020-07-20
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0774
Appellant appealed trial court's finding that his failure to complete a breathalyzer breath test was a refusal and court found his failure to successfully complete the breath test constituted a per se refusal, record evidence showed the required observation period, and since DOT established a refusal without relying on the results from the breathalyzer machine, the operability of the machine was not at issue. Affirmed.
Publication Date: 2020-07-20
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0774
Appellant appealed trial court's finding that his failure to complete a breathalyzer breath test was a refusal and court found his failure to successfully complete the breath test constituted a per se refusal, record evidence showed the required observation period, and since DOT established a refusal without relying on the results from the breathalyzer machine, the operability of the machine was not at issue. Affirmed.
Publication Date: 2020-07-06
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0697
The Unemployment Compensation Board of Review erred in reversing a finding of claimant's financial eligibility for unemployment compensation as the evidence regarding plaintiff's stints as a canvasser and interpreter was insufficient to demonstrate her purported independent contractor status under the Unemployment Compensation Law. The commonwealth court reversed.
Publication Date: 2020-06-29
Practice Area: Administrative Law
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0674
The Pennsylvania Department of Community and Economic Development, Board of Property, had exclusive jurisdiction in this matter involving the navigability of a commonwealth body of water and the resulting rights of owners of adjacent properties and erred in concluding otherwise. The commonwealth court reversed and remanded.
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