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  • Hinderliter v. Commonwealth

    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.

  • Hinderliter v. Commonwealth

    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.

  • Begovic v. Unemployment Comp. Bd. of Review

    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.

  • Beishline v. Pennsylvania Dep't of Envtl. Prot.

    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.

  • In re: E.H.

    Publication Date: 2020-06-15
    Practice Area: Administrative Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0609

    Trial court did not abuse discretion in denying application for restoration of firearm rights based on applicant's prior involuntary commitment, threats of harm to self and others with firearms, extensive psychiatric treatment, and use of drugs against medical advice. Order of the trial court affirmed.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Colagreco v. Workers' Comp. Appeal Bd.

    Publication Date: 2020-06-01
    Practice Area: Administrative Law
    Industry: Investments and Investment Advisory | State and Local Government
    Court: Supreme Court
    Judge: Justice Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0546

    The Workers' Compensation Appeal Board did not err in affirming the termination of claimant's benefits, even though employer did not file a termination petition, where claimant received adequate notice that her recovery from a work injury was at issue and she had a full and fair opportunity to defend. The commonwealth court affirmed.

  • Burgess v. Workers' Comp. Appeal Bd.

    Publication Date: 2020-05-18
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0499

    Employer's utilization review determination requests regarding the reasonableness and necessity of claimant's continued stay at a long-term acute care facility were not prohibited by §127.406(b) of the Department of Labor & Industry's regulations and should have been referred for a utilization review determination. The commonwealth court vacated and remanded with instructions.

  • New Jersey Coal. of Auto. Retailers, Inc. v. Mazda Motor of Am., Inc.

    Publication Date: 2020-05-11
    Practice Area: Administrative Law
    Industry: Automotive | Retail
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Greenberg
    Attorneys: For plaintiff: Daniel J. Kluska and Peter L. Schenke (Wilenz Goldman & Spitzer)
    for defendant: Jessica L. Ellsworth and Matthew J. Higgins (Hogan Lovells US)
    Case Number: 19-2961

    District Court Erred in Construing Theory of Harm Alleged in Complaint Challenging Auto Manufacturer's Dealer Incentive Program

  • Mahoney v. Herr Foods Inc.

    Publication Date: 2020-05-11
    Practice Area: Administrative Law
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0478

    ADA complaint against website dismissed where a website alone did not constitute a place of public accommodation subject to ADA requirements, where plaintiff failed to allege a nexus between the website and a physical location such that the inability to utilize the website prevented use of physical facilities. Defendant's motion to dismiss granted.

  • Davis v. Commonwealth

    Publication Date: 2020-05-04
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0453

    Trial court erred in precluding DOT from calling licensee on cross-examination in proceedings for suspension of operating privileges for failure to produce proof of insurance under §1786(d) of the Vehicle Code. Order of the trial court vacated, case remanded.