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Publication Date: 2023-01-02
Practice Area: Tax
Industry: Entertainment and Leisure
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 802 F.R. 2016
Board of finance properly held petitioner was entitled to a deduction from its gross revenues under §1103 for PC Points it issued to patrons that were redeemed for appropriate items but erred in its calculation because petitioner did not track what specific items were distributed at redemption and commonwealth appropriately requested remand for recalculation of the proper deductions. Affirmed and vacated.
Publication Date: 2022-11-21
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 1358 C.D. 2021
Trial court erred in overturning driver's license suspension under Implied Consent Law where evidence showed that driver did not give unequivocal, unqualified asset to submit to blood testing, and thus had effectively refused testing. Order of the trial court reversed.
Publication Date: 2022-11-21
Practice Area: Education Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 1140 C.D. 2021
Trial court properly sustained appellees' preliminary objections in appellants' action to stop closure of a school and arguing a due process right to education at the school of one's choice and a fiduciary duty by school board to the community as regards the school closure. Affirmed.
Publication Date: 2022-11-21
Practice Area: Land Use and Planning
Industry: Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 1129 C.D. 2021
Trial court erred in affirming zoning board's grant of dimensional variances to create nonconforming lots and the special exception to construct single-family residences because board failed to address each requirement of the zoning ordinance, §922.09E, failed to determine if any of the proposed nonconforming lots were located within the preexisting nonconforming lots or were in common ownership or met the definitions in the code and failed to adequately address the requested special exception. Vacated and remanded.
Publication Date: 2022-11-07
Practice Area: Employment Litigation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 514 C.D. 2021
Board properly found truck driver was an employee despite his having signed an independent contractor agreement, he was not offered a sufficiently specific light duty job and he did not unreasonably refuse medical treatment. Affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2022-10-17
Practice Area: Civil Rights
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 709 C.D. 2020
Trial court's summary dismissal of pro se appellant's complaint asserting 21 claims across 79 counts against 19 defendants failed to adequately explain the legal basis for its conclusion that all of appellant's claims were barred by immunity or failed to show the violation of constitutional rights and was insufficient to facilitate effective appellate review. Remanded.
Publication Date: 2022-09-05
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 22-1000
Board did not err in concluding claimant failed to establish a mutual mistake occurred in calculating his lump sum payment in the compromise and release agreement resolving his claim of hearing loss. Affirmed.
Publication Date: 2022-08-22
Practice Area: Employment Litigation
Industry: Food and Beverage | Insurance | Legal Services
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 22-0936
WCJ retained jurisdiction over employer's subrogation right in workers' compensation claim resolved through compromise and release and therefore could issue subpoenas for information related to enforcement of the employer's lien. Order of the trial court affirmed.
Publication Date: 2022-08-08
Practice Area: Personal Injury
Industry: Legal Services
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 22-0887
Quasi-declaratory judgment action arising from claims of defamation was properly dismissed on preliminary objection where it was clear from the face of the complaint that the case arose from a judicial opinion issued by a court acting within its subject matter jurisdiction, thereby entitling the judges to judicial immunity. Order of the trial court affirmed.
Publication Date: 2022-08-01
Practice Area: Public Records
Industry: Health Care | Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 22-0866
Office of Open Records properly found the rate information in the program development and advancement agreements did not relate directly to the performance of a governmental function, that the service provider monthly invoices did and were disclosable under Right-to-Know Law §506(d)(1). Affirmed.
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