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  • Edgell v. City of Aliquippa

    Publication Date: 2022-03-21
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0303

    Retired employee failed to exhaust administrative remedies in challenging the non-payment of retroactive pay increases and retirement health benefits when they did not pursue the mandatory grievance and arbitration procedures under the CBA that outlined those benefits. Order of the trial court affirmed.

  • Hill v. Pennsylvania Dep't of Corr.

    Publication Date: 2022-03-07
    Practice Area: Civil Rights
    Industry: State and Local Government | Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0258

    Preliminary objections to correctional facility mailing policy overruled where private processing company qualified as state actor because it assumed traditional government function of screening inmate mail. Defendant's preliminary objections overruled.

  • May v. Doe

    Publication Date: 2022-03-07
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0242

    Inmate appealed trial court' s dismissal of his action against DOC over denial of a grievance he filed about books he ordered that were not delivered to him and court found the trial court order that dismissed inmate's complaint and gave him leave to file an amended complaint was not a final appealable order. Appeal quashed.

  • Commonwealth v. Monsanto Co.

    Publication Date: 2022-01-31
    Practice Area: Environmental Law
    Industry: Chemicals and Materials | Manufacturing
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0109

    Commonwealth had parens patriae and environmental trustee standing to pursue public nuisance and product liability failure-to-warn claims against manufacturer of toxic chemicals that had caused substantial environmental contamination. Defendants' preliminary objections overruled in part and sustained in part.

  • Ferguson v. Commonwealth

    Publication Date: 2022-01-24
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0076

    Because use of Accelerated Rehabilitative Disposition as a prior offense was only unconstitutional in criminal sentencing, the DOT could civilly suspend a driver's license for a licensee who had previously accepted ARD for DUI. Order of the trial court affirmed.

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  • DiLaqua v. Workers' Comp. Appeal Bd.

    Publication Date: 2022-01-10
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0001

    Board erred in applying an incorrect burden of proof to the rebuttable presumption in §301(e) of the Workers' Compensation Act and erred in ruling claimant failed to meet his burden of proving a work-related injury and court found claimant only had to prove he suffered from an occupational disease listed in §108 of the act for the presumption to apply and it was not clear whether the general assembly intended the "[d]iseases of thelungs" referred to in §108 to include Reactive Airways Dysfunction Syndrome, asthma or a pulmonary condi

  • Propel Charter Sch. v. Sch. Dist. of Pittsburgh

    Publication Date: 2021-12-13
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1434

    Petitioner challenged the denial of its multiple charter school organization application and the consideration of recent school performance profile scores not available at the time the application was filed, and court found considering an applicant's most recent SPP scores furthered the intentions of the statute by permitting State Charter School Appeal Board, or CAB, to more accurately consider the potential merger's impact on affected students and petitioner failed to meet the threshold requirements to qualify for MCSO approval. Aff

  • Propel Charter Sch. v. Pennsylvania Dep't of Educ.

    Publication Date: 2021-12-06
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1421

    Petitioner appealed the denial of its appeal from a hearing officer's order and the denial of its multiple charter school organization application and court found department erred in finding petitioner had to first submit the MCSO application to the school districts before submitting it to the department, properly denied petitioner's appeal from hearing officer's decision granting the motion to supplement to include the most recent school performance profile scores and found petitioner did not qualify for MCSO approval due to its fail

  • Anderson v. Pennsylvania Parole Bd.

    Publication Date: 2021-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1300

    Statement that could be reasonably construed as a threat to assault a corrections officer if given the opportunity was properly construed as assaultive behavior that warranted the elimination of offender's automatic reparole. Order of the parole board affirmed.

  • Riley v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-08-23
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0967

    Board properly found claimant's petition was not timely and she was not entitled to reinstatement of her total disability benefits because Protz II did not apply to her. Affirmed.