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Publication Date: 2019-07-22
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0855
Trial court properly denied appellant's petition for expungement of his mental health records and restoration of his right to possess firearms because appellant was afforded, and fully availed himself of, all due process required in connection with his §303 commitment proceeding and subsequent certification. Affirmed.
Publication Date: 2019-07-15
Practice Area: Administrative Law | Legislation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0808
Petitioners' constitutional challenge to the state budgets at issue were moot given that the requested declaratory relief would be of no appreciable affect due to the expiration of the relevant fiscal years, subsequent enactment of remedial legislation and, inter alia, absence of any allegations that present or future general appropriations bills were affected. The court dismissed petitioners' amended petition.
Publication Date: 2019-07-15
Practice Area: Administrative Law
Industry: Insurance
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0807
The Unemployment Compensation Board of Review erred in affirming a decision to dismiss employer's appeal as untimely where the record established that an administrative breakdown by the postal service caused the appeal to be untimely. The commonwealth court reversed and remanded.
Publication Date: 2019-06-24
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0714
The commonwealth court rejected claimant's assertion that the Workers' Compensation Act should be interpreted as imposing a mandatory duty upon employers or insurers to unilaterally amend an injury description after issuing a notice of compensation payable based on later opinions of their own medical experts if those opinions are favorable to claimant. The commonwealth court affirmed.
Publication Date: 2019-06-17
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0689
The trial court erred in dismissing defendant's appeal as Robinson Township did not comply with the mandatory enforcement notification requirements of Pennsylvania's Municipalities Planning Code §616.1 before issuing defendant a citation based on alleged violations of its zoning ordinance and seeking penalties under §617.2. The appellate court reversed.
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Publication Date: 2019-06-10
Practice Area: Administrative Law | Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0682
Trial court properly dismissed property owner's complaint seeking relief from property reassessments and asserting a class action but court affirmed, on another ground, that property owners failed to exhaust the remedies available to them pursuant to the second class county assessment law. Affirmed.
Publication Date: 2019-06-10
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0640
OAG properly ordered the Pennsylvania state police to amend the PICS database to remove the disability imposed on petitioner, in petitioner's appeal of the denial of his application to carry a firearm, because petitioner's full pardon by the governor of Delaware of his Delaware conviction excluded petitioner's offense from the uniform firearms act's definition of "conviction." Affirmed.
Publication Date: 2019-06-03
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0645
Trial court could sustain an appeal of a license suspension for drug act conviction where a delay in transmission of the record of conviction to the bureau of driver licensing was nearly five times as long as the length of suspension. Order of the trial court affirmed.
Publication Date: 2019-06-03
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0659
Trial court did not err in concluding that officer had police authority to stop appellant and invoke the implied consent law in another township, in appellant's challenge to his license suspension, because officer had reasonable grounds to believe appellant was driving under the influence of alcohol when he measured appellant's speed as 15 miles above the limit, followed him to another township and smelled alcohol and observed appellant had red and glassy eyes. Affirmed.
Publication Date: 2019-05-20
Practice Area: Administrative Law | Labor Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0573
Inmate serving only weekend incarceration was not ineligible for unemployment compensation where the eligibility statute required incarceration for the full week to disqualify from benefits. Order of the commonwealth court reversed.
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