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Publication Date: 2022-02-28
Practice Area: Insurance Litigation
Industry: Health Care | Insurance | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 22-0213
Trial court properly granted a mandatory preliminary injunction requiring appellants to bind tail insurance coverage for a three-year term for medical malpractice claims arising from appellants' provision of health care services to inmates at county prison because trial court reasonably found the deadline for binding tail insurance was rapidly approaching and if the deadline passed, the parties would be exposed to potentially catastrophic liability. Affirmed.
Publication Date: 2022-02-07
Practice Area: Administrative Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 22-0128
Petitioner appealed state board of veterinary medicine's holding that her practice as an animal chiropractic constituted the unlicensed practice of veterinary medicine and court found the substance of her treatment for subluxations, as defined by petitioner in her testimony, was included in the definition of "veterinary medicine." Affirmed.
Publication Date: 2022-01-03
Practice Area: Corporate Entities
Industry: Health Care | Non-Profit
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 21-1522
The trial court did not err in finding that there was neither a joint venture nor a partnership created between the parties where the evidence failed to demonstrate that there was any fiduciary duty between the parties or that plaintiff had any right of mutual control. The commonwealth court affirmed.
Publication Date: 2021-07-19
Practice Area: Real Estate
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 21-0828
Condemnee mistakenly argued that a partial de jure condemnation of its property effected a de facto taking of the entirety of its property interest such that the remainder had no economic value since the de jure partial taking already contemplated damages to the remainder of the property. The commonwealth court reversed and remanded.
Publication Date: 2021-06-07
Practice Area: Employment Litigation
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 21-0632
Unemployment compensation review board properly found claimant was not entitled to benefits because she voluntarily quit her job when she retired and properly found a non-fault overpayment because her disqualification for part of a week resulted in loss of benefits for the entire calendar week. Affirmed.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri, Bret Weatherford
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Publication Date: 2021-05-31
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 21-0602
Trial court properly found boundary line between two townships and properly adopted recommendation of the appointed board of boundary commissioners because court could not set aside one set of assumptions supported by record evidence and commissioners' view of the land involved and alleged monument on site in favor of another set and commissioners found resort to evidence of acquiescence was unnecessary given their finding that the Woodward surveyors' line was the true boundary line between the townships. Affirmed.
Publication Date: 2021-03-01
Practice Area: Administrative Law
Industry: Hospitality and Lodging | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 21-0213
The commonwealth court instructed a county housing authority to fulfill its mandate under the Quality Housing and Work Responsibility Act to establish fair and reasonable standards for determining in what circumstances admission to Section 8 housing is prohibited for an applicant legally using medical marijuana under state law and to apply such standards to the plaintiff. The commonwealth court affirmed in part and remanded.
Publication Date: 2021-02-08
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Leadbetter
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Case Number: 21-0134
Court of common pleas properly denied appellant property owner's challenge to an otherwise valid tax sale of the property on the grounds of lack of notice of the tax claim because appellant conflated the procedures under the Real Estate Tax Sale Law for challenging tax claims with those governing tax sales and she had actual notice of the impending tax sale and failed to take any action. Affirmed.
Publication Date: 2020-12-07
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 20-1331
Trial court erred in quashing city's appeal of zoning board decision granting a variance and finding city lacked standing because equitable owner sought a variance that city viewed to be contrary to the spirit or goals set forth in city's comprehensive plan and city had the required "substantial, direct and immediate" interest necessary to be an aggrieved party. Reversed.
Publication Date: 2020-10-12
Practice Area: Land Use and Planning
Industry:
Court: Commonwealth Court
Judge: Judge Leadbetter
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for defendant:
Case Number: 20-1115
Trial court erred in holding that the minimum variance criterion was inapplicable to use variances in objectors' challenge to grant of applicants' use and dimensional variances and court remanded for trial court to make the appropriate findings as to the quantitative aspects of the minimum variances necessary for this to be a viable project. Vacated and remanded.
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