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Publication Date: 2022-06-27
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0708
State board of property erred in dismissing petition to establish ownership of property where petitioners presented documentation creating a genuine factual dispute regarding the validity of a patent issued by the commonwealth to petitioners' predecessor-in-interest. Order of the state board of property reversed, case remanded.
Publication Date: 2022-06-27
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0712
Workers' compensation appeal board properly granted employer's modification petition because claimant did not establish a vested right in her post-Protz-per-Act 111 temporary total disability status, did not meet the requirement for relief under either due process or due course of law principles and in reenacting the impairment rating evaluation process, act 111 did not violate the "reasonable compensation" aspect of Art. III, §18. Affirmed.
Publication Date: 2022-06-20
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0684
Trial court erred in denying appellants' petition for mandamus after appellee refused to accept their private criminal complaints asserting official oppression based on city's enacting certain firearms ordinances and court found appellee failed to comply with Pa.R.Crim.P. 506 and review and either accept or deny the private criminal complaints with written reasons. Reversed.
Publication Date: 2022-05-30
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0605
Board abused its discretion in dismissing claimant's appeal because she failed to explain what efforts she took to ensure her phone did not block referee's call for a telephonic hearing. Vacated and remanded.
Publication Date: 2022-05-30
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0592
Public employer's decision to remove employee from employment was supported under progressive discipline by employee's failure to achieve satisfactory job performance ratings over multiple rating periods during which employee was subject to performance improvement plans. Order of the State Civil Service Commission affirmed.
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Publication Date: 2022-05-16
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0544
Department of Labor and Industry filed preliminary objections to petitioner's petition seeking an order directing department to review his case and allow him to file the appropriate claim where petitioner alleged department granted pandemic unemployment assistance but never paid and told him to file for unemployment compensation benefits but department's website would not allow him to do so and court found department's arguments as to the unavailability of mandamus relief and the exhaustion of statutory remedies were not persuasive. P
Publication Date: 2022-04-18
Practice Area: Civil Procedure
Industry: Education
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0401
Plaintiff's failure to promptly transfer her federal case following dismissal by the federal district court for lack of jurisdiction rendered her state court Whistleblower Law claim time barred. The commonwealth court granted defendant's motion for judgment on the pleadings.
Publication Date: 2022-04-18
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0421
Trial court properly reversed board's denial of developer's substantive validity challenge to zoning ordinance because the ordinance was an impermissible delegation of zoning authority to a private party. Affirmed and remanded.
Publication Date: 2022-04-18
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0416
Trial court properly found property was not illegally converted to condominium ownership because the property was a lawful, nonconforming use and the conversion to condominium ownership did not constitute a subdivision subject to the Municipalities Planning Code, township's Subdivision and Land Development Ordinance or was affected by the Uniform Condominium Act. Affirmed.
Publication Date: 2022-04-18
Practice Area: Personal Injury
Industry: Education
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0427
Evidence of lack of previous injuries was probative in trip and fall case to show that property owned lacked notice of an alleged defective condition. Judgment of the trial court affirmed.
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