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Publication Date: 2022-08-29
Practice Area: Employment Litigation
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0980
Board erred in finding claimant school bus driver was a year-round employee because the voluntary work she had signed up for in previous summers, that was no longer available, was clearly "during a period between two successive academic years," claimant received reasonable assurances she would return to work the following school year and she was not entitled to unemployment compensation benefits under §402.1(2). Reversed.
Publication Date: 2022-08-01
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0859
DHS erred by not issuing provisional license to child care facility after it adopted corrective plan following an incident in which a child intentionally misled his teacher to facilitate his leaving the facility of his own accord to walk home, which did not support a finding of gross incompetence or negligence by the facility. Order of the Bureau of Hearings and Appeals reversed, case remanded.
Publication Date: 2022-07-18
Practice Area: Employment Litigation
Industry: Construction
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0805
WCJ did not err in denying employer's suspension petition because substantial evidence in the record supported WCJ's findings that claimant suffered disability due to the loss of use of his right hand separate and apart from his accepted work injuries to three fingers on that hand. Affirmed.
Publication Date: 2022-06-20
Practice Area: Health Care Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0680
Denial of inmate's request for their mental health treatment records did not violate inmate's rights where DOC had legitimate penological interest in maintaining relationships of inmates and treatment staff to obtain accurate and candid impressions and evaluations from staff. Application for summary relief denied.
Publication Date: 2022-06-20
Practice Area: Administrative Law
Industry: Food and Beverage | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0676
Petitioner could seek damages from the Pennsylvania Liquor Control Board based on its violation of a statutory mandate to implement a procedure for processing special alcohol orders to permit properly licensed companies to sell and deliver such orders directly to customers without added handling fees. The court denied defendant's preliminary objections.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2022-06-13
Practice Area: Administrative Law
Industry: Food and Beverage | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0644
Petitioners sought damages, costs, interest and attorney fees after trial court granted mandamus ordering liquor board to implement a special order processing procedure and court found board was a "person" under §8383 of the judicial code and was liable for petitioner's damages, interest costs and attorney fees. Application granted.
Publication Date: 2022-05-23
Practice Area: Election and Political Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0577
The trial court properly found that it lacked jurisdiction over objector's petition to a candidate's nomination petition where the objector failed to comply with any of the service methods expressly set forth in an applicable administrative order and incorporated into a rule to show cause. The appellate court affirmed.
Publication Date: 2022-05-02
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0487
Established case law led to statutory amendments codifying that residence in a community correction center or community correctional facility constituted being at liberty on parole because residents of such facilities had the ability to leave on their own will and could not be restricted from doing so by the facility. Order of the parole board affirmed.
Publication Date: 2022-04-04
Practice Area: Administrative Law
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0360
Trial court erred in reversing board's decision to deny a demolition plan for a six-story building because board's decision reflected that the board, informed by its members' expertise, weighed the record evidence and disagreed with plaintiff's experts regarding the need for preemptive demolition of adjacent structures as a safety measure. Reversed.
Publication Date: 2022-03-28
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0333
Appellants challenged zoning certificate that allowed an accommodation of up to six non-related individuals with traumatic brain injuries to live in area zoned for only up to three unrelated people living together and court found settlement agreement reached in federal court was not valid and enforceable because it bypassed the ordinance without court approval and company did not satisfy its initial burden of showing that the requested accommodation was necessary to afford handicapped persons an equal opportunity to use and enjoy a dw
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