• Jackson v. Pennsylvania Human Rights Comm'n

    Publication Date: 2024-01-22
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 46 C.D. 2023

    Pennsylvania Human Rights Commission properly found petitioner landlord discriminated and retaliated against tenant when landlord refused to allow tenant suffering from PTSD to replace her deceased dog with a puppy. Affirmed.

  • Four Seasons Logging, LLC v. Dep't of Labor & Indus.

    Publication Date: 2024-01-22
    Practice Area: Tax
    Industry: Mining and Resources
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 347 C.D. 2022

    Department of Labor and Industry had sufficient evidence to determine a de facto merger occurred between defunct company that owed unemployment compensation taxes and new entity that purchased the defunct company's assets, including the similarity in the entities' names and the continuity of their ownership/management. Order of the Department of Labor and Industry affirmed.

  • Hacker v. Zoning Hearing Bd. of the Borough of N. Catasauqua

    Publication Date: 2024-01-15
    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: 1473 C.D. 2022

    Trial court erred in affirming zoning board's grant of a special exception and dimensional variances because landowners did not carry their burden of establishing that they met the requirements for the board to issue numerous dimensional variances and a special exception for former church property in a R-2 residential zone. Reversed.

  • Boulin v. Brandywine Senior Care, Inc.

    Publication Date: 2024-01-15
    Practice Area: Labor Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1273 C.D. 2022

    Petitioner sought review of the Workers' Compensation Appeals Board's order affirming a workers' compensation judge's order denying and dismissing her petitions as barred by principles of res judicata. The court affirmed, holding that the WCJ and Board did not err in concluding petitioner's petitions effectively sought to relitigate her claims. The court held further that petitioner failed to satisfy the high burden required to obtain post-termination reinstatement of workers' compensation benefits.

  • Housing Auth. of the City of Pittsburgh v. Nash

    Publication Date: 2024-01-15
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1200 C.D. 2022

    Appellant tenant appealed her eviction after a shooter shot someone who attended her birthday party at her unit and court found the trial court erred in determining that the open nature of her party was sufficient to establish that shooter constituted an "Other Person under the Tenant's Control" in the absence of evidence that tenant invited shooter to the premises. Reversed.

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  • Gibson v. Mason

    Publication Date: 2024-01-08
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1275 C.D. 2022

    Trial court erred in denying inmate's in forma pauperis petition and holding his claims were frivolous because inmate's complaint was timely, he did not have to comply with the statutory notice provision in 42 Pa. C.S. §5522(a)(1) and factual development was needed to determine if correction officers' alleged actions were within the scope of their employment so as to entitle them to sovereign immunity. Reversed.

  • Rodas v. Commonwealth Dep't of Transp.

    Publication Date: 2024-01-08
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1372 C.D. 2022

    Trial court erred as a matter of law in determining licensee's refusal of chemical testing was not knowing and conscious and in sustaining licensees' statutory appeal of his license suspension. Reversed.

  • Mercy Catholic Med. Ctr. v. Ryan

    Publication Date: 2024-01-08
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 554 C.D. 2022

    Board erred in reversing Worker's Compensation Judge's denial of that part of claimant's workers' compensation petition related to aggravation of her preexisting anxiety and depression because the causal connection between claimant's shoulder injury and the alleged aggravation of her preexisting anxiety and depression were not well pleaded and employer did not lose its ability to contest that issue by filing a late answer to the claim petition. Reversed.

  • Chappell v. Commonwealth Dep't of Transp.

    Publication Date: 2024-01-08
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Fizzano
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 431 C.D. 2022

    Trial court erred in denying appeal from lifetime suspension of CDL for second DUI conviction where licensee pled sufficient facts to enable the trial court to evaluate the harshness of a lifetime suspension under the Eighth Amendment. Order of the trial court remanded.

  • Harrisburg Area YMCA v. Dep't of Human Serv.

    Publication Date: 2024-01-08
    Practice Area: Administrative Law
    Industry: Non-Profit | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 799 C.D. 2022

    Department of Human Services erred in revoking petitioner YMCA's childcare center license without considering it for a provisional license since YMCA was in substantial compliance. Reversed.