• Castillo v. Pennsylvania State Police (Office of Open Records)

    Publication Date: 2024-03-01
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 398 C.D. 2022

    Law enforcement incident report which contained investigating officers' observations, findings, and conclusions fell within the criminal investigative exemption to disclosure under the Right-to-Know Law. Final determination of the Office of Open Records affirmed.

  • Howarth v. Falls Twp.

    Publication Date: 2024-03-01
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 447 C.D. 2021

    Trial court erred in granting summary judgment in favor of township in appellant's action over storm water discharge from a pipe onto appellant's property because court found township did not refute appellant's evidence the new pipe increased the volume of water flowing onto the property, the Political Subdivision Tort Claims Act did not immunize township and there was a material question of fact as to plaintiff's common law negligence claim. Reversed.

  • Toland v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 315 M.D. 2018

    Petitioner and parole board argued discovery issues in petitioner's challenge to the denial of his 2017, 2018 and 2019 parole applications and court found the 2022 parole denial did not make the action moot, confidentiality regulation was not a per se bar to the production of documents in a parolee's file, board did not show the criminal history record information act applied and court dismissed board's objections to interrogatories as boilerplate. Motions granted in part and dismissed in part.

  • Fini v. Park Place of E. Bradford Cmty. Ass'n

    Publication Date: 2024-03-01
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 16 C.D. 2023

    Planned Community Act entitled association to assess its legal fees incurred in attempting to enforce parking regulations upon unit owners. Order of the trial court affirmed.

  • Gun Owners of Am., Inc. v. City of Philadelphia

    Publication Date: 2024-03-01
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1069 C.D. 2022

    City ordinance regulating firearms parts or machinery used to fabricate firearms was not preempted by the Uniform Firearms Act as parts and machinery did not constitute "firearms" under the statute. Order of the trial court affirmed.

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    District of Columbia Legal Malpractice Law 2024

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  • Humphreys v. SureTec Ins. Co.

    Publication Date: 2024-03-01
    Practice Area: Insurance Law
    Industry: Insurance | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1 BIC 2023

    Court overruled defendant's preliminary objections to insurance liquidator's action seeking to void money transferred by defendant under a supersedeas bond because court found that contrary to defendant's argument, insurer's liability for the judgment underlying the action was not contingent upon the order affirming the case but insurer's liability attached as soon as the district court entered its Nov. 30, 2020 court order. Preliminary objections overruled.

  • Boyd v. Pennsylvania's Sentencing Scheme for Sentencing 18 Year Olds to Mandatory Life without Parole

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 543 M.D. 2022

    Court lacked jurisdiction to consider petition seeking to invalidate mandatory life without parole sentences for 18-year-olds as violative of the Eighth Amendment and the Pennsylvania Constitution, as such a petition was only cognizable under the Post Conviction Relief Act and thus was untimely. Attorney General's preliminary objection sustained, case dismissed.

  • Slater v. Sch. Dist. of Philadelphia

    Publication Date: 2024-02-23
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 725 C.D. 2022

    Acting Secretary of Education's determination that petitioner be terminated from his position as a tenured professional employee was based on substantial evidence that supported the necessary factual findings and school district complied with the procedural requirements of the school code. Affirmed.

  • Martinez v. Lewis Tree Serv.

    Publication Date: 2024-02-23
    Practice Area: Employment Litigation
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 298 C.D. 2023

    Workers' compensation appeal board properly held that claimant's evidence did not establish that he was a traveling employee without a fixed place of employment and he was not acting in the course and scope of his employment when he was injured in a motor vehicle accident on his way home from work in his own vehicle. Affirmed.

  • Johnson v. Pocono Twp. Zoning Hearing Bd.

    Publication Date: 2024-02-23
    Practice Area: Land Use and Planning
    Industry: Hospitality and Lodging | Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1048 C.D. 2021

    Trial court properly found that zoning ordinance limiting short-term rentals was not impermissibly exclusionary but erred in upholding ZHB's denial of landowners' application to continue their legal, nonconforming use of the property for short-term rentals because landowner's use was lawful and conforming when it began in 2017. Affirmed in part and reversed in part.