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Publication Date: 2024-02-02
Practice Area: Damages
Industry: Automotive | Federal Government | Retail | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3162
Federal government had not waived sovereign immunity for alleged personal injury or loss arising from the government's detention or forfeiture of money. Order of the district court affirmed.
Publication Date: 2024-01-29
Practice Area: Tax
Industry: Entertainment and Leisure | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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for defendant:
Case Number: 1150 C.D. 2022
Sports facility tax was facially unconstitutional as city failed to justify distinction between residents and nonresidents, and the offending language could not be severed from the statute as the enabling legislation only authorized imposition of the tax on nonresidents. Order of the trial court affirmed.
Publication Date: 2024-01-29
Practice Area: Education Law
Industry: Education | Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
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for defendant:
Case Number: 563 C.D. 2023
Department of Human Services had authority to regulate religious school's pre- and after-school care program where the law expressly conferred oversight authority of such programs at nonpublic schools. Petition for review denied.
Publication Date: 2024-01-29
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 636 C.D. 2021
Trial court properly affirmed the grant of landowner's dimensional variance application and record evidence did not support appellant's allegations of due process violations or that the lot in question was actually one lot with a contiguous lot. Affirmed.
Publication Date: 2024-01-29
Practice Area: Public Records
Industry: Legal Services | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Patti-Worthington
Attorneys: For plaintiff:
for defendant:
Case Number: 407 CR 2023
Appellant appealed the court's order granting appellee's petition for review and request for civil penalties pursuant to the Right-to-Know Law. The court concluded that its order should be affirmed where appellant had waived all of the issues that it raised on appeal due to its overly lengthy and redundant concise statement of issues complained of on appeal.
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Publication Date: 2024-01-29
Practice Area: Civil Rights
Industry: Legal Services | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Montgomery-Reeves
Attorneys: For plaintiff:
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Case Number: 22-2340
District court properly denied Assistant District Attorney's motion to dismiss §1983 charges against him, for fabricating evidence, on absolute immunity grounds because ADA's alleged conduct served an investigatory function and ADA was not entitled to absolute immunity. Affirmed.
Publication Date: 2024-01-29
Practice Area: Personal Injury
Industry: Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 519 C.D. 2022
Trial court erred in administratively dismissing an action for failure to prosecute because one of the defendants in the case had filed a voluntary bankruptcy proceeding and the bankruptcy stay had to be construed to apply to dismissals. Vacated.
Publication Date: 2024-01-29
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 49 C.D. 2022
Common pleas erred in finding the real estate exception did not apply and sovereign immunity barred appellant inmate's action for his slip and fall because, in alleging defendants failed to maintain the slip-resistant surface on which he slipped, inmate adequately alleged injury caused by a dangerous condition of Commonwealth real estate but his negligence claims unconnected to negligent maintenance were barred. Reversed in part and affirmed in part.
Publication Date: 2024-01-29
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 144 C.D. 2023
Board properly denied petitioner's application for a license to practice dentistry because she did not have the required D.M.D. or D.D.S. degree and she was not entitled to a license by endorsement because Florida's requirements, where she was licensed, were not "equal in their essential respects." Affirmed.
Publication Date: 2024-01-22
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wallace
Attorneys: For plaintiff:
for defendant:
Case Number: 1258 C.D. 2022
Employer appealed the grant of workers' compensation benefits to claimant and the amount of credit employer was given for payments made to claimant and court found board erred in finding employer was not entitled to a credit for severance benefits made pursuant to a separation agreement but that WCJ erred in awarding credit for the gross amount rather than the net amount. Affirmed in part and reversed in part.
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