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Publication Date: 2023-10-23
Practice Area: Employment Litigation
Industry: Education
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 336 C.D. 2022
Claimant petitioned pro se from respondent Unemployment Compensation Board of Review's decision affirming as modified a referee's decision denying benefits for a four-week period in 2020. The court vacated and remanded for further proceedings where the Board's findings of fact were ambiguous as to claimant's status as a per diem or long-term substitute teacher, which in turn informed the question whether respondent's most recent employment offer represented a substantial reduction in wages and hours.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 408 C.D. 2021
Trial court properly dismissed plaintiff's amended complaint asserting malicious prosecution and abuse of process claims because plaintiff's first complaint did not effect a transfer from federal court pursuant to 42 Pa.C.S. §5103(b) and by the time she filed her amended complaint with the certified transcript, the statute of limitations had run. Affirmed.
Publication Date: 2023-08-28
Practice Area: Employment Litigation
Industry: Education
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 775 C.D. 2022
Court reversed board's determination that claimant was ineligible for benefits based on a pattern of tardiness and absenteeism because claimant's only absence after he was issued a written warning of termination for further incidents was an absence justified by illness. Reversed.
Publication Date: 2023-07-17
Practice Area: Civil Rights
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 169 C.D. 2022
Successor trial judge erred in granting defendants JNOV based on purported inconsistent jury verdict where judge did not observe the trial and usurped the jury's role as factfinder by making inferences against plaintiffs despite the jury's verdict in their favor. Order of the trial court reversed.
Publication Date: 2023-06-19
Practice Area: Tax
Industry: Entertainment and Leisure | Hospitality and Lodging
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 942 C.D. 2021
Convention authority lacked standing to join taxpayer's appeal challenging the imposition of hotel room taxes on complimentary rooms, as authority's right and interest to tax revenues was not essential to the merits of the case. County's motion to quash appeal denied, order of the trial court reversed, case remanded.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-04-10
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1426 C.D. 2021
Condemnees argued trial court erred in dismissing their objections to declarations of taking and court found its consideration of the appeal was impeded by the lack of specific findings of fact in the record and the matter had to be remanded to address issues as to how authority actually planned to use the properties and to whom the primary benefits would accrue. Vacated and remanded.
Publication Date: 2023-03-27
Practice Area: Administrative Law
Industry: Entertainment and Leisure | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 249 M.D. 2021
Respondents filed preliminary objections to petitioner's petition seeking declaratory and injunctive relief regarding an application for a category 4 slot machine license and court found a material factual dispute existed as to ownership of LLC applying for the license and petitioner was questioning whether the board had the authority to consider the application. Preliminary objections overruled.
Publication Date: 2023-03-20
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 218 M.D. 2022
Sovereign immunity barred mandamus relief requiring state agency to take affirmative, corrective action, regarding the agency's operation and such relief was unavailable where the underlying statute was not precise as to the nature of the alleged ministerial duty to be performed. Petitioners' preliminary objection overruled, respondent's preliminary objections granted in part, case dismissed.
Publication Date: 2023-02-27
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1221 C.D. 2020
Trial court erred in directing judgment in favor of authority for delinquent sewer and water fees because authority did not formally file its lien prior to the sheriff's sale and appellant, who bought the property at the sheriff's sale without notice of the delinquent fees, was a bona fide purchaser without notice of the lien and §3(a)(1) of the Municipal Claims and Tax Liens Act did not state or even suggest that a municipal lien would survive such a sale. Reversed.
Publication Date: 2023-02-20
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 902 C.D. 2021
City appealed trial court's finding that it effectuated a de facto taking after landslide on city property left landowners' property condemned as unsafe and court found city had the police power to determine whether landowners' structure was structurally sound and to require studies of the structural safety of the foundation as part of the permitting process, city did not exercise the power of eminent domain and landowners failed to establish a de facto taking. Reversed.
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