• Ungard v. Williamsport Bureau of Police Pension Bd.

    Publication Date: 2019-06-24
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0729

    Trial court properly reversed board and found police officer's pension was not forfeited because, while officer was convicted of tampering with public records and obstructing the administration of law, city presented no evidence to show a connection between officer's crimes and his public employment. Affirmed.

  • Estate of Guyaux v. Twp. of North Fayette

    Publication Date: 2019-05-27
    Practice Area: Government
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0617

    Trial court did not err in awarding costs to township and sheriff for the removal of a gun collection from a house that was a public nuisance and did not err in ordering the proceeds from the sale of the collection be used to pay such costs. Affirmed.

  • Shirey v. Berks Area Reading Transp. Auth.

    Publication Date: 2019-05-20
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0564

    Trial court properly granted summary judgment to association and transport authority in appellant's slip and fall action because appellant's evidence did not establish a prima facie case of negligence by association and failed to allege authority's actions fell under an enumerated exception to governmental immunity under the TCA. Affirmed.

  • Fullman v. Bureau of Admin. Adjudication

    Publication Date: 2019-05-20
    Practice Area: Administrative Law | Transportation
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0577

    Parking violation citation for "over time limit" upheld where driver failed to hang his handicap parking placard from his rearview mirror. Order of the trial court affirmed.

  • Iannetti v. Unemployment Compensation Bd. of Review

    Publication Date: 2019-05-20
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0578

    UC claimant ineligible for benefits when he was discharged for violating his employer's call-out policy, but penalties for fault overpayment were not imposed where evidence showed claimant did not select inaccurate reason for his separation on his application for the express purpose of improperly obtaining benefits. Order of the Unemployment Compensation Board of Review affirmed.

  • DeAngelo v. N. Strabane Twp. Zoning Hearing Bd.

    Publication Date: 2019-05-06
    Practice Area: Administrative Law | Land Use and Planning
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0518

    Restriction on medical clinic use in a residential district was not impermissibly exclusionary where standalone clinics were permitted in commercial districts or connected to assisted living facilities or nursing homes in residential district, but zoning board failed to provide landowners statutory right to present evidence on use variance request. Order of the trial court affirmed in part and reversed in part.

  • Cummins v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-04-29
    Practice Area: Labor Law | Social Media
    Industry: Manufacturing
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0477

    Claimant committed willful misconduct and was ineligible for unemployment compensation where she made a social media post indicating an intent to cause physical harm upon a co-worker as a result of a confrontation with that co-worker while on duty. Decision of the Unemployment Compensation Board of Review affirmed.

  • Armour Pharmacy v. Bureau of Workers' Comp. Fee Review Hearing Office

    Publication Date: 2019-04-22
    Practice Area: Employment Litigation
    Industry: Food and Beverage | Retail
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0459

    Hearing officer erred in holding that petitioner's status as a "provider" under the act was an issue beyond his jurisdiction because it offended due process to place the question of whether a putative provider was actually a "provider" beyond the reach of judicial review and hearing officer had to conduct a hearing on whether a person invoking the remedy set forth in §306(f.1)(5) was a "provider" within the meaning of the act. Reversed.

  • Elder v. Bd. of Prof. & Occupational Affairs

    Publication Date: 2019-04-15
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0432

    The Pennsylvania Bureau of Professional and Occupational Affairs, State Board of Medicine erred in denying petitioner's application for a license to practice medicine where it failed to balance his one-time episode of criminal conduct against his extensive evidence of present good character, remorse and rehabilitation. The appellate court vacated and remanded.

  • Bertram v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-04-08
    Practice Area: Administrative Law
    Industry: Automotive
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0384

    The Unemployment Compensation Board of Review erred in affirming a referee's decision to deny claimant unemployment compensation benefits based on his alleged willful misconduct where the board capriciously disregarded competent and relevant evidence. The appellate court affirmed vacated and remanded.