• Ruffled Grouse Ridge Owners' Ass'n v. Hura

    Publication Date: 2024-06-14
    Practice Area: Real Estate
    Industry: E-Commerce | Hospitality and Lodging | Real Estate
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 968 C.D. 2023

    The court affirmed the ruling of the trial court granting homeowner's motion for summary judgment, denying the owners' association cross motion for summary judgment, and declaring owners' association 2021 amendment to its bylaws void ab initio.

  • Erie Ins. Prop. & Cas. Co. v. Heater (Workers' Comp. Appeal Bd.)

    Publication Date: 2024-06-14
    Practice Area: Labor Law
    Industry: Construction | Insurance
    Court: Commonwealth Court
    Judge: Judge Jubelier
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 148 C.D. 2023

    Workers' Compensation Act notice requirements extended to an insurer where a claimant worked as a sole proprietor since the protections of the notice requirements were more relevant to the insurer due to the unity between the claimant and employer. Order of the Workers' Compensation Appeal Board reversed.

  • DeSantis v. Lenox Place Condo. Ass'n, Inc.

    Publication Date: 2024-06-14
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 570 C.D. 2023

    Appellant appealed the trial court's order dismissing her complaint with prejudice. The court vacated and remanded with directions, holding that the trial court's order was a legal nullity where the trial court acted before its original jurisdiction had revested after an earlier remand from the court.

  • Med. Marijuana Access & Patient Safety, Inc. v. Johnson

    Publication Date: 2024-06-14
    Practice Area: Health Care Law
    Industry: Chemicals and Materials | Consumer Products
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 58 M.D. 2022

    Department of Health's terpene recall mandate constituted an unlawful regulation. Preliminary injunction on terpene recall made permanent.

  • Alsyrawan v. Dep't of Human Servs.

    Publication Date: 2024-06-07
    Practice Area: Health Care Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 111 C.D. 2023

    Petitioner sought review of a final order affirming respondent's decision adopting an administrative law judge's adjudication that denied petitioner's request for an exception to the cap on in-home care hours he could receive from his family. The court affirmed, holding that petitioner failed to demonstrate a burden on his free exercise of religion where he could continue to receive available home care and companion services despite the fact that his mother and sister would no longer be paid for providing more than 60 hours of care pe

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  • In re New Cent. Baptist Church

    Publication Date: 2024-06-07
    Practice Area: Corporate Governance
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1079 C.D. 2022

    Orphans' court erred in denying church's request for a decree validating the August 2018 and 2019 elections and votes for church trustees and the February 2019 votes removing the pastor because some of orphans' court's findings regarding bylaw and vote requirements were unsupported by competent and adequate evidence of record, its reasoning was internally inconsistent and contradictory, and its interpretation of the bylaws notice provision was ordinarily barred by the rules of construction. Vacated and remanded.

  • Appeal of: Clarke

    Publication Date: 2024-06-07
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 249 C.D. 2023

    Appellant appealed the trial court's order concluding that he lacked standing to appeal a zoning board of adjustment's variance approval and quashing his appeal. The court affirmed, holding that appellant, as an individual member of the city council, lacked standing to appeal a decision of the ZBA.

  • Dooley v. McGeever

    Publication Date: 2024-06-07
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 46 M.D. 2023

    Mandamus relief seeking entry of default judgment in underlying action denied where petitioner failed to demonstrate that he correctly effected service upon the defendant in the underlying action. Respondents' preliminary objections sustained, case dismissed without prejudice.

  • Luzerne & Susquehanna Ry. Co. v. Luzerne County. Redevelopment Auth.

    Publication Date: 2024-06-07
    Practice Area: Public Records
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 833 C.D. 2022

    Court reversed order requiring production of railroad operating agreements where such agreements might not have been responsive to the Right-to-Know Law request and where trial court's apparent failure to review the agreements meant its decision was not supported by sufficient record evidence. Order of the trial court vacated and remanded.

  • Meyers v. Dep't of Transp.

    Publication Date: 2024-06-07
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 33 C.D. 2022

    Half a minute of silence after being read implied consent warnings, in the context of a prior refusal of chemical testing and other belligerent conduct, was sufficient to constitute a refusal to submit to a chemical test. Order of the trial court reversed.