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  • PJM Power Providers Group v. Fed. Energy Regulatory Comm'n

    Publication Date: 2024-01-15
    Practice Area: Public Utilities
    Industry: Energy | Federal Government | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Roth
    Attorneys: For plaintiff: Elbert Lin, Charles D. Wallace, III, Hunton Andrews Kurth, Richmond, VA; John L. Shepherd, Jr., Hunton Andrews Kurth, Washington, DC; Paul W. Hughes, McDermott Will & Emery, Washington, DC; Kriss E. Brown, Christian A. McDewell, Pennsylvania Public Utility Commission, Harrisburg, PA; Thomas G. Lindgren, Werner L. Margard, III, Office of Attorney General of Ohio, Columbus, OH; Jeffrey W. Mayes, Monitoring Analytics, Eagleville, PA; Denise C. Goulet, McCarter & English, Washington, DC for petitioners.
    for defendant: Jared B. Fish, Federal Energy Regulatory Commission, Washington, DC; Danielle C. Fidler, Earthjustice Legal Defense Fund, Washington, DC; Peter Hopkins, Amber L. Martin Stone, Jeffrey A. Schwartz, Scott H. Strauss, Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Matthew Price, Jenner & Block, Washington, DC; Miles H. Mitchell, Maryland Public Service Commission, Baltimore, MD; David C. Apy, Office of Attorney General of New Jersey Division of Law, Trenton, NJ; Robert A. Weishaar, Jr., McNees Wallace & Nurick, Washington, DC; Ryan J. Collins, Paul M. Flynn, Wright & Talisman, Washington, DC; Caroline Reiser, Natural Resources Defense Council, Washington, DC; Casey Roberts, Sierra Club, Denver, CO; Megan C. Wachspress, Sierra Club Environmental Law Program, Oakland, CA; Sarah A. Hunger, Office of Attorney General of Illinois, Chicago, IL Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Adrienne E. Clair, Thompson Coburn, Washington, DC; Daniel E. Frank, Allison Speaker, Eversheds Sutherland, Washington, DC; Andrew D. Cordo, Shannon E. German, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; Gerit Hull, American Municipal Power, Columbus, OH; John E. McCaffrey, III, American Public Power Association, Arlington, VA; Anthony J. Corino, PSEG Corporation, Newark, NJ for respondents.
    Case Number: 21-3068

    FERC commissioners' statements following deadlock over proposed tariff were sufficient to demonstrate that the agency's "action through inaction" found the tariff just and reasonable.

  • Czerwinski v. Pennsylvania Dep't of Health

    Publication Date: 2024-01-08
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Hall
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1522- 1742

    Petitioner filed an amended petition for affirmation in application for Italian dual citizenship. The court denied the petition for lack of jurisdiction.

  • Gibson v. Mason

    Publication Date: 2024-01-08
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1275 C.D. 2022

    Trial court erred in denying inmate's in forma pauperis petition and holding his claims were frivolous because inmate's complaint was timely, he did not have to comply with the statutory notice provision in 42 Pa. C.S. §5522(a)(1) and factual development was needed to determine if correction officers' alleged actions were within the scope of their employment so as to entitle them to sovereign immunity. Reversed.

  • Grinnage v. SEPTA

    Publication Date: 2024-01-08
    Practice Area: Personal Injury
    Industry: State and Local Government | Transportation
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Crumlish
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 200401372

    The court, in a §1925(a) opinion, urged affirmance of its order denying Southeast Pennsylvania Transportation Authority's motion for post-trial relief following a jury verdict in favor of a SEPTA passenger who suffered a tear in his bicep muscle when the bus he was riding on as a standing passenger exhibited extraordinary movement that was not covered by the "jerk and jolt" defense urged by SEPTA.

  • Rodas v. Commonwealth Dep't of Transp.

    Publication Date: 2024-01-08
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1372 C.D. 2022

    Trial court erred as a matter of law in determining licensee's refusal of chemical testing was not knowing and conscious and in sustaining licensees' statutory appeal of his license suspension. Reversed.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Chappell v. Commonwealth Dep't of Transp.

    Publication Date: 2024-01-08
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Fizzano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 431 C.D. 2022

    Trial court erred in denying appeal from lifetime suspension of CDL for second DUI conviction where licensee pled sufficient facts to enable the trial court to evaluate the harshness of a lifetime suspension under the Eighth Amendment. Order of the trial court remanded.

  • Hart J. Distrib., Inc. v. Pennsylvania Liquor Control Bd.

    Publication Date: 2024-01-08
    Practice Area: Administrative Law
    Industry: Distribution and Wholesale | Food and Beverage | State and Local Government
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Leskinen
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 243 of 2023, M.D.

    Appellant appealed the Pennsylvania Liquor Control Board's order refusing the renewal of its distributor license. The court overruled the Board's order and ordered the renewal of appellant's license.

  • Harrisburg Area YMCA v. Dep't of Human Serv.

    Publication Date: 2024-01-08
    Practice Area: Administrative Law
    Industry: Non-Profit | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 799 C.D. 2022

    Department of Human Services erred in revoking petitioner YMCA's childcare center license without considering it for a provisional license since YMCA was in substantial compliance. Reversed.

  • Commonwealth v. Markle

    Publication Date: 2024-01-08
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 481 C.D. 2022

    Municipality could not pursue zoning ordinance violation enforcement action where notice of violation failed to advise landowner of their right to appeal to the township zoning hearing board or the deadline by which the appeal had to be filed. Order of the trial court vacated and remanded for dismissal.

  • Johnson v. Pennsylvania Dep't of Corr

    Publication Date: 2024-01-01
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 981 C.D. 2022

    Trial court erred in dismissing state correctional inmate's slip and fall complaint against the Commonwealth where inmate alleged that DOC's negligent maintenance of his housing unit's roof caused water infiltration that made the floor slippery and caused him to fall, putting the case within the statutory waiver of sovereign immunity. Order of the trial court vacated and remanded.