• E.G.G. v. Pennsylvania State Police

    Publication Date: 2019-09-30
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1139

    Trial court did not abuse discretion to deny petition for restoration of firearm rights where there was sufficient evidence to support trial court's lingering concerns about petitioner's mental health. Order of the trial court affirmed.

  • A.G. v. Commonwealth Dep't of Transp.

    Publication Date: 2019-09-30
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1137

    Licensee was properly subject to two six-month suspensions of her driver's license where her single act of careless driving which killed more than one person constituted more than one offense to which a conviction and resulting suspension attached. The appellate court affirmed the suspensions imposed.

  • Tineo v. Attorney General of the U. S.

    Publication Date: 2019-09-16
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1081

    Court vacated the order of removal and held petitioner was a United States citizen because the interplay of §§1101(c)(1), 1432(a)(2) and (a)(3) could not be squared with the equal-protection mandate of the due process clause of the fifth amendment. Petition granted

  • In re Petition for Enforcement of Subpoenas

    Publication Date: 2019-09-09
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1062

    Commonwealth court erred in enforcing psychiatrist's petition to enforce subpoenas for former patient's testimony and for patient's medical records from previous and subsequent treatment providers because commonwealth court had neither original nor appellate jurisdiction over private party's efforts to enforce a subpoena against other private parties and commonwealth was not a party to the action. Vacated.

  • M.W. v. Dep't of Human Serv.

    Publication Date: 2019-09-09
    Practice Area: Administrative Law | Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1064

    Bureau misapplied the law and entered a manifestly unreasonable order in denying mother's continuance request, in her appeal of an indicated report of child abuse, for the sole reason that she did not file a waiver of timeliness because 23 Pa.C.S. §6341(c.2) did not mandate the filing of a waiver of timeliness. Reversed.

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  • Perrotta v. Commonwealth

    Publication Date: 2019-08-26
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1004

    Trial court did not err in granting licensee's appeal of the denial of his application for an ignition interlock and non-commercial learner's permit because department did not meet its burden to permanently deny licensee's operating privileges under § 1503(a)(8) but trial court erred in ordering department to grant the license because that exceeded its authority. Affirmed in part and vacated in part.

  • Yannaccone v. Lewis Twp. Bd. of Supervisors

    Publication Date: 2019-08-26
    Practice Area: Administrative Law
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1007

    Appellant appealed trial court's ruling that board substantially complied with §607(b) of the Municipalities Planning Code in enacting a zoning ordinance and court found that while it agreed with trial court's conclusion that Zoning Ordinance Committee was a valid planning committee, ZOC failed to hold at least one public meeting pursuant to public notice as required by §607(b), and trial court erred in finding that board substantially complied with §607(b) in enacting the ordinance. Reversed.

  • In the Interest of: D.R., a minor

    Publication Date: 2019-08-12
    Practice Area: Administrative Law | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0942

    Trial court violated right against unreasonable search and seizure by ordering parents to submit to home inspection by CYS when agency lacked probable cause for its request to compel the inspection, and lacked statutory authority to compel a parent to take a drug test absent a dependency adjudication. Order of the trial court vacated.

  • Thorpe v. Dep't of Transp.

    Publication Date: 2019-07-29
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0885

    Trial court correctly dismissed licensee's license suspension because the only evidence submitted by DOT to establish its prima facie case supporting the suspension was a defective form DL-21C in which the "Date of Disposition" block was not completed as required by DOT's regulations. Affirmed.

  • Burkholder v. Dep't of Agriculture

    Publication Date: 2019-07-29
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0872

    The Secretary of Agriculture erred in holding that petitioner's violation of the Dog Law, wherein he exceeded the limits in his license for the number of dog transfers, automatically converted his kennel to a commercial kennel subject to a different set of regulatory standards. The appellate court reversed and remanded.