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  • In re Estate of Pancari

    Publication Date: 2018-01-09
    Practice Area: Administrative Law | Employment Litigation | Trusts and Estates
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1910

    Trial court properly refused to compel police pension fund to pay survivors benefits to appellant after Orphans Court ruled that she was deceaseds common-law wife because the fund plan mandated exhaustion of contractual remedies, appellant did not appeal the funds prior adjudication that she did not prove the marriage and the plan decision was final and binding.

  • Burda v. Pennsylvania Judicial Conduct Bd.

    Publication Date: 2018-01-02
    Practice Area: Administrative Law | Discovery | Public Records
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1880

    The Office of Open Records does not have jurisdiction to hear an appeal from the denial of a record request by a judicial agency; thus, it properly denied petitioners appeal from the denial of a Right-to-Know Law request for documents from the Judicial Conduct Board. The court affirmed the trial courts order.

  • Valenta v. Workers Compensation Appeal Bd.

    Publication Date: 2018-01-02
    Practice Area: Administrative Law | Employment Litigation
    Industry: Health Care | Insurance
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1893

    WCJ properly granted employers modification petition seeking to reduce claimants benefits based on an earning capacity because the labor market survey and earning power assessment listed six jobs, employers and claimants treating physician both testified that she was capable of performing some type of work, WCJ found employers witnesses more credible and claimants evidence of unsuccessful applications to the jobs listed in the LMS/EPA was relevant but not dispositive with regard to earning power. Affirmed.

  • DeGrossi v. Pennsylvania Dept. of Transp., Bureau of Driver Licensing

    Publication Date: 2017-12-26
    Practice Area: Administrative Law | Regulation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1846

    Drivers license suspension properly set aside due to delay between conviction and suspension attributable to court clerks office, where inquiry on whether to set aside suspension was focused on the prejudice suffered by the licensee due to the delay, rather than the length of the delay itself. Order of the trial court affirmed.

  • Kaite v. Unemployment Compensation Bd. of Review

    Publication Date: 2017-12-26
    Practice Area: Administrative Law | Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1850

    Unemployment Compensation Board of Review erred in denying benefits to employee who was terminated for refusing to undergo fingerprinting for employer-mandated background checks, where the employee held a sincere religious belief commanding against fingerprinting. Order of the Unemployment Compensation Board of Review reversed.

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  • McGrath v. Bureau of Profl and Occupational Affairs

    Publication Date: 2017-12-19
    Practice Area: Administrative Law | Regulation
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1792

    State Board of Nursing retained discretion, upon consideration of regulatory factors, to reinstate a license automatically suspended pursuant to a felony drug conviction, where the 10-year waiting period for felony conviction was intended only to apply to initial issuances or issuances following revocation. Order of the commonwealth court affirmed.

  • Reese v. Pennsylvanians for Union Reform

    Publication Date: 2017-12-19
    Practice Area: Administrative Law | Public Records
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1836

    Commonwealth Court erred in dismissing treasurers claim for injunctive relief in appellees demand for production of a list of employees pursuant to §614 because regulation 7.201 lacked any statutory authority, §614 was silent with respect to the mechanism for public access and thus, the RTKL guided and controlled public access to the list but the constitutional protections for informational privacy required the application of the PSEA balancing test. Order vacated.

  • Waverly Heights, Ltd. v. Unemployment Compensation Bd. of Review

    Publication Date: 2017-12-05
    Practice Area: Administrative Law | Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1717

    Board properly found that employee was not disqualified from receiving unemployment benefits for willful misconduct because employer did not show disqualifying conduct in employees personal tweet about politics where employee did not violate employers social media or communication policies since the tweet was on her personal account and did not identify employer or link to employers website or twitter account. Affirmed.

  • Simpson v. Dept of Transportation

    Publication Date: 2017-12-05
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1776

    Trial court properly upheld the suspension of appellants operating privileges after he was convicted in New Jersey of driving after underage drinking because even if the suspension notice incorrectly referenced the section of the law, there was no evidence that appellant was misled, the notice comported with the directive in 75 Pa.C.S. §3804(e)(2)(iv)(B) and §1586 eliminated the comparison of differing degrees of impairment between Pennsylvanias and other states DUI offenses. Affirmed.

  • London v. Zoning Bd. of Phila.

    Publication Date: 2017-12-05
    Practice Area: Administrative Law | Constitutional Law | Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Oler
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1771

    Zoning ordinance regulating adult cabarets was neither unconstitutionally overbroad nor void for vagueness where a reasonable person would understand the language of the ordinance was restricted solely to sexually-oriented businesses rather than restricting other forms of performance entitled to greater First Amendment protections. Order of the trial court affirmed.