• Jo Jo Pizza v. Larry Pitt & Assocs., P.C.

    Publication Date: 2022-08-22
    Practice Area: Employment Litigation
    Industry: Food and Beverage | Insurance | Legal Services
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0936

    WCJ retained jurisdiction over employer's subrogation right in workers' compensation claim resolved through compromise and release and therefore could issue subpoenas for information related to enforcement of the employer's lien. Order of the trial court affirmed.

  • Chasan v. Stevens

    Publication Date: 2022-08-08
    Practice Area: Personal Injury
    Industry: Legal Services
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0887

    Quasi-declaratory judgment action arising from claims of defamation was properly dismissed on preliminary objection where it was clear from the face of the complaint that the case arose from a judicial opinion issued by a court acting within its subject matter jurisdiction, thereby entitling the judges to judicial immunity. Order of the trial court affirmed.

  • Real Alternatives v. Dep't of Human Serv.

    Publication Date: 2022-08-01
    Practice Area: Public Records
    Industry: Health Care | Non-Profit | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0866

    Office of Open Records properly found the rate information in the program development and advancement agreements did not relate directly to the performance of a governmental function, that the service provider monthly invoices did and were disclosable under Right-to-Know Law §506(d)(1). Affirmed.

  • Bussard v. Pennsylvania Dep't of Conservation & Natural Res.

    Publication Date: 2022-06-27
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0708

    State board of property erred in dismissing petition to establish ownership of property where petitioners presented documentation creating a genuine factual dispute regarding the validity of a patent issued by the commonwealth to petitioners' predecessor-in-interest. Order of the state board of property reversed, case remanded.

  • DiPaolo v. UPMC Magee Women's Hosp.

    Publication Date: 2022-06-27
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0712

    Workers' compensation appeal board properly granted employer's modification petition because claimant did not establish a vested right in her post-Protz-per-Act 111 temporary total disability status, did not meet the requirement for relief under either due process or due course of law principles and in reenacting the impairment rating evaluation process, act 111 did not violate the "reasonable compensation" aspect of Art. III, §18. Affirmed.

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  • Konieczny v. Zappala

    Publication Date: 2022-06-20
    Practice Area: Government
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0684

    Trial court erred in denying appellants' petition for mandamus after appellee refused to accept their private criminal complaints asserting official oppression based on city's enacting certain firearms ordinances and court found appellee failed to comply with Pa.R.Crim.P. 506 and review and either accept or deny the private criminal complaints with written reasons. Reversed.

  • Walthour v. Unemployment Comp. Bd. of Review

    Publication Date: 2022-05-30
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0605

    Board abused its discretion in dismissing claimant's appeal because she failed to explain what efforts she took to ensure her phone did not block referee's call for a telephonic hearing. Vacated and remanded.

  • Burock v. Office of the Budget

    Publication Date: 2022-05-30
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0592

    Public employer's decision to remove employee from employment was supported under progressive discipline by employee's failure to achieve satisfactory job performance ratings over multiple rating periods during which employee was subject to performance improvement plans. Order of the State Civil Service Commission affirmed.

  • Kaba v. Berrier

    Publication Date: 2022-05-16
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0544

    Department of Labor and Industry filed preliminary objections to petitioner's petition seeking an order directing department to review his case and allow him to file the appropriate claim where petitioner alleged department granted pandemic unemployment assistance but never paid and told him to file for unemployment compensation benefits but department's website would not allow him to do so and court found department's arguments as to the unavailability of mandamus relief and the exhaustion of statutory remedies were not persuasive. P

  • Bradley v. W. Chester Univ.

    Publication Date: 2022-04-18
    Practice Area: Civil Procedure
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0401

    Plaintiff's failure to promptly transfer her federal case following dismissal by the federal district court for lack of jurisdiction rendered her state court Whistleblower Law claim time barred. The commonwealth court granted defendant's motion for judgment on the pleadings.