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Publication Date: 2024-03-01
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 1069 C.D. 2022
City ordinance regulating firearms parts or machinery used to fabricate firearms was not preempted by the Uniform Firearms Act as parts and machinery did not constitute "firearms" under the statute. Order of the trial court affirmed.
Publication Date: 2024-03-01
Practice Area: Constitutional Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 65 MAP 2022
Court vacated commonwealth court's order dismissing appellant's petition and its motion for summary relief in its action seeking to have its elders covered by the clergyman privilege as to mandatory reporting of child sex abuse, because commonwealth court's determinations that appellant did not have standing and that a grant of declaratory relief would not terminate the controversy violated the coordinate jurisdiction rule. Reversed.
Publication Date: 2024-03-01
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 398 C.D. 2022
Law enforcement incident report which contained investigating officers' observations, findings, and conclusions fell within the criminal investigative exemption to disclosure under the Right-to-Know Law. Final determination of the Office of Open Records affirmed.
Publication Date: 2024-03-01
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 447 C.D. 2021
Trial court erred in granting summary judgment in favor of township in appellant's action over storm water discharge from a pipe onto appellant's property because court found township did not refute appellant's evidence the new pipe increased the volume of water flowing onto the property, the Political Subdivision Tort Claims Act did not immunize township and there was a material question of fact as to plaintiff's common law negligence claim. Reversed.
Publication Date: 2024-03-01
Practice Area: Insurance Law
Industry: Insurance | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1 BIC 2023
Court overruled defendant's preliminary objections to insurance liquidator's action seeking to void money transferred by defendant under a supersedeas bond because court found that contrary to defendant's argument, insurer's liability for the judgment underlying the action was not contingent upon the order affirming the case but insurer's liability attached as soon as the district court entered its Nov. 30, 2020 court order. Preliminary objections overruled.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2024-03-01
Practice Area: Administrative Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Cohen
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-C-2838
The court addressed appellant's petition for appeal from appellee's notice disqualifying his commercial driver's license for one year by finding that PennDOT was effectively punishing appellant twice for the same DUI conviction which was not permitted under 75 Pa. C.S.A §1611(a). Appeal sustained and disqualification rescinded.
Publication Date: 2024-02-23
Practice Area: Administrative Law
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Wright
Attorneys: For plaintiff:
for defendant:
Case Number: 1157 CD 2023
In this §1925(a) opinion, the court asked the Commonwealth Court to affirm its Sept. 20, 2023, order sustaining appellee's appeal of the suspension of his driver's license where there was no evidence that the state trooper, who arrived on the scene of a crash on I-95 and arrested appellee, ever saw appellee driving while under the influence of alcohol.
Publication Date: 2024-02-23
Practice Area: Real Estate
Industry: Consulting | State and Local Government
Court: Courts of Common Pleas, Bucks County
Judge: Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-06214
The court justified its order overruling condemnee Virtus Capital Advisor's preliminary objections to condemnor PennDOT's declaration of taking under the Eminent Domain Code, 26 Pa.C.S. §101, et seq.
Publication Date: 2024-02-23
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2788
Appellants appealed the district court's order granting summary judgment in favor of police officers on the basis of qualified immunity where the officers inflicted gratuitous injuries on family members, none of whom were suspected of any criminal activity, during a pre-dawn, no-knock raid on a residence. The court reversed, holding that the district court erred by predominantly crediting the officers' version of events for purposes of summary judgment, rather than construing the evidence in favor of plaintiffs, as non-movants.
Publication Date: 2024-02-23
Practice Area: Labor Law
Industry: Health Care | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 21-5280
Family and Medical Leave Act interference claim was plausible where there were genuine issues of material fact as to whether proposed reassignment following return from leave was substantially equivalent to prior role. Defendants' motion for summary judgment granted in part and denied in part, plaintiff's motion for partial summary judgment denied.
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