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Publication Date: 2023-12-04
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 637 C.D. 2022
Court found appellant failed to invoke the court's authority under the Declaratory Judgment Act and trial court should have dismissed appellant's complaint relating to a real estate tax assessment for lack of jurisdiction. Vacated and remanded.
Publication Date: 2023-11-27
Practice Area: Labor Law
Industry: Manufacturing
Court: Commonwealth Court
Judge: Judge Dumas
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for defendant:
Case Number: 373 C.D. 2022
Trial court properly denied defendant's motion to dismiss for lack of subject matter jurisdiction because, where a former employee's occupational disease was not compensable since it did not result in total disability and trigger the occupational disease savings clause and former employee was not subject to the exclusive remedies defined in the Pennsylvania Occupational Disease Act. Affirmed.
Publication Date: 2023-08-28
Practice Area: Motor Vehicle Torts
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
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Case Number: 40 C.D. 2022
Trial court erred in refusing to allow another state's agency to invoke sovereign immunity where constitutional principles permitted states to refuse to be sued in another state's court and there was no express statutory authority by the court waiving its immunity from suit in another state. Order of the trial court reversed, case remanded.
Publication Date: 2023-07-24
Practice Area: Administrative Law
Industry: Entertainment and Leisure | Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
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Case Number: 609 - 612 C.D. 2022
Trial court properly returned plaintiff's machines that had been seized by the bureau as gambling devices because expert testimony supported trial court's finding that the games had elements of both skill and chance and did not constitute gambling devices per se. Affirmed.
Publication Date: 2023-05-08
Practice Area: Public Records
Industry: Education
Court: Commonwealth Court
Judge: Judge Dumas
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Case Number: 1463 C.D. 2021
Trial court erred in disregarding distinction between official and personal social media accounts and holding that public officials automatically created public records by posting about official business, as courts had to undertake fact-based analysis of social media posts to determine whether public officials were acting in an "official capacity" when posting on their personal social media accounts. Order of the trial court vacated, case remanded.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2023-05-01
Practice Area: Employment Litigation
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
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Case Number: 1425 C.D. 2021
Board erred in reversing WCJ's decision because board should have remanded for clarification of WCJ's conflicting witness credibility findings and failure to detail which testimony WCJ found more credible. Vacated and remanded.
Publication Date: 2023-04-10
Practice Area: Damages
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
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for defendant:
Case Number: 1422 C.D. 2021
Trial court erred in denying city's motion for JNOV and its challenge to the derivative damage award in plaintiffs' action for trespass, private nuisance, negligence and violations of the Stormwater Management Act because derivative damages for "past, present and future loss of enjoyment of their property" as well as "annoyance and inconvenience" were not permitted. Vacated and remanded.
Publication Date: 2023-03-13
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
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Case Number: 1034 C.D. 2020
PennDOT erred in suspending driver's operating privileges after guilty plea following revocation of Accelerated Rehabilitative Disposition as suspension statute contemplated two separate, distinct offenses and driver had only one underlying DUI offense. Order of the trial court reversed.
Publication Date: 2023-03-06
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 998 C.D. 2021
University appealed the denial of summary judgment to it in employee's common law claims for his workplace exposure to asbestos and development of mesothelioma and court found an exception to exclusive jurisdiction under the Occupational Disease Act for claims asserted by an employee diagnosed with an occupational disease more than four years after the employee's last workplace exposure and employee could bring civil proceedings in an appropriate court of original jurisdiction. Affirmed.
Publication Date: 2023-02-27
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 1208 C.D. 2021
Request for police body camera footage dismissed as moot where requestor sought the footage to use in his defense against criminal charges but requestor was ultimately acquitted of those charges, and inadequate records retention policies had been amended to prevent future inadvertent deletion of footage. Order of the trial court affirmed.
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