• Pennsylvania Sch. Bd. Ass'n, Inc. v. Mumin

    Publication Date: 2024-05-31
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 409 M.D. 2023

    Department of Education improperly promulgated new age-out rules under the Individuals with Disabilities Education Act by failing to follow mandatory rulemaking procedures as the rules had the force of law and materially affected school districts' budgeting. Petitioners' application granted, respondents' cross-application denied.

  • C.M. v. Pennsylvania State Police

    Publication Date: 2024-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 47 M.D. 2021

    Respondent applied for summary relief denying petitioner's petition for removal from Pennsylvania's sex offender registry. The court granted respondent's application for summary relief, holding that petitioner, who was incarcerated and became subject to Megan's Law II upon its effective date in 2000, was required as a matter of law to register as a sex offender for his lifetime.

  • 700 Pharmacy v. Bureau of Workers' Comp. Fee Review Hearing Office (State Workers' Ins. Fund)

    Publication Date: 2024-05-31
    Practice Area: Labor Law
    Industry: Health Care | Retail | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 560 C.D. 2020

    Fee review applications were properly denied as prescriptions issued by physicians and filled by a pharmacy that the physicians held an interest in constituted an improper self-referral. Order of the Bureau of Workers' Compensation affirmed.

  • In re: Appeal of Heinz

    Publication Date: 2024-05-31
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1231 C.D. 2022

    Notice of violations of speeding statute pursuant to automated speeding enforcement systems was not unconstitutional where the speeding fine was a civil penalty and violators were afforded notice and opportunity to contest the alleged violation. Order of the trial court affirmed.

  • Summit Charter Sch. v. Pocono Mountain Sch. Dist.

    Publication Date: 2024-05-31
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 501 C.D. 2023

    Board correctly found petitioner's third charter school application failed to satisfy the requirements of §1717-A(e)(2) of the Charter School Law. Affirmed.

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    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Pettit v. Commonwealth Dep't of Transp.

    Publication Date: 2024-05-24
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 661 C.D. 2023

    Commonwealth appealed the trial court's sustaining of licensee's statutory appeal from a driver's license suspension imposed after licensee's refusal to submit to chemical testing for driving under the influence. The court reversed and remanded with directions for reinstatement of licensee's driver's license suspension where the trial court erroneously characterized Commonwealth's evidentiary proffer of implied consent Form DL-26A to be inadmissible hearsay not subject to a hearsay exception.

  • Ingram v. Pennsylvania House Republican Caucus

    Publication Date: 2024-05-24
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 546 M.D. 2022

    Employee adequately pled whistleblower retaliation where she alleged that she reported employer's failure to maintain sanitary working conditions by reporting the presence of mold in the office. Respondent's preliminary objections sustained in part and overruled in part.

  • Balgros v. Calloway

    Publication Date: 2024-05-24
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1203 C.D. 2021

    Appellant appealed the order of the Chester County Court of Common Pleas holding that the school principal and superintendent of schools were high public officials entitled to absolute immunity from appellant's defamation claims.

  • Turner v. Lower Merion Sch. Dist.

    Publication Date: 2024-05-24
    Practice Area: Personal Injury
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 657 C.D. 2023

    Appellants appealed the trial court's order granting appellee school district's motion for judgment on the pleadings and dismissing their negligence complaint with prejudice. The court affirmed, holding that appellants' suit did not fall within the real property exception to governmental immunity where their claim stemmed from an injury caused by personalty rather than realty, namely a temporary kickball base not affixed to the ground that slid out from under a high school student during a physical education class.

  • Pennsylvania Leadership Charter Sch. v. New Kensington-Arnold Sch. Dist.

    Publication Date: 2024-05-24
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 765 C.D. 2023

    Petitioner charter school sought review of respondent Department of Education's order requiring school district to pay petitioner tuition owed for students who attended petitioner in a previous school year. The court vacated respondent's order and remanded with instructions where respondent's decision lacked findings of fact and conclusions of law that would allow effective appellate review.