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Publication Date: 2021-06-21
Practice Area: Labor Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0708
Board properly found claimant was not ineligible for benefits under §402(e.1) where claimant tested positive for marijuana in a random drug test after telling employer he had a medical marijuana card and a prescription for medical marijuana from his doctor because employer's drug policy explicitly stated the proper use of prescription medications was exempt from the restrictions in the drug policy. Affirmed.
Publication Date: 2021-06-21
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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for defendant:
Case Number: 21-0707
Trial court properly found appellants lacked standing to challenge historic district commission's approval of certificate of appropriateness to homeowners to replace windows because appellants failed to establish they were aggrieved since they lacked direct proximity and visibility and suffered no purported harm. Affirmed.
Publication Date: 2021-06-14
Practice Area: Health Care Law
Industry: Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 21-0682
The Pennsylvania Department of Corrections filed preliminary objections to inmate's petition seeking to compel DOC to provide him with his mental health treatment records under the Medical Records Act and the Mental Health Procedures Act and court granted DOC's preliminary objections to inmate's claim under the MHPA but found it could not declare with certainty that the law would not permit inmate to succeed in his mandamus challenge under the MRA. Preliminary objections overruled and sustained.
Publication Date: 2021-05-31
Practice Area: Civil Procedure
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 21-0590
The commonwealth court lacked jurisdiction to hear this appeal from an unsuccessful request under the Right-to-Know Law where appellant, an incarcerated person, failed to satisfy his burden of demonstrating the timeliness of his notice of appeal. The commonwealth court quashed the appeal for lack of jurisdiction.
Publication Date: 2021-05-24
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0567
The trial court properly barred a property owner from offering testimony regarding the highest and best use for its property during the preliminary objection stage of condemnation proceedings as the condemnor was not required to consider such factors as part of its suitable investigation and resulting intelligent, informed judgment. The commonwealth court affirmed the trial court's ruling.
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Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2021-05-17
Practice Area: Employment Litigation
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
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Case Number: 21-0555
Unemployment compensation board properly held claimant, part-time adjunct instructor, was ineligible for unemployment benefits under §402.1(1) when she was not hired to teach a summer session because the summer term was not a regular term under § 402.1(1). Affirmed.
Publication Date: 2021-04-19
Practice Area: Real Estate
Industry: Manufacturing | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 21-0429
Owner of parcels abutting former railroad right-of-way not entitled to fee simple ownership where fee simple title to the right-of-way had been severed prior to the other parcels being conveyed by their original owner. Order of the trial court affirmed.
Publication Date: 2021-04-19
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
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Case Number: 21-0424
Trial court erred in sanctioning appellants for ex parte communications allegedly intended to circumvent the trial court's order where appellants were not litigants before the court at the time of the communications and where plaintiff had withdrawn his motion to enforce the trial court's order and the trial court then denied appellants due process before sanctioning them for contempt. Order of the trial court vacated.
Publication Date: 2021-03-29
Practice Area: Criminal Appeals
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0336
Parole board correctly dismissed inmate's challenges to recommitment order where the appeal was not filed within 30 days of the order. Order of the Board of Probation and Parole affirmed.
Publication Date: 2021-03-22
Practice Area: Administrative Law
Industry: Mining and Resources
Court: Commonwealth Court
Judge: Judge Covey
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for defendant:
Case Number: 21-0299
A workers' compensation judge properly applied Whitmoyer, which holding precludes employers from subrogating future medical benefits after the execution of a third-party settlement agreement, to this case as the subject settlement was not a final resolution of the injured employee's claims. The commonwealth court affirmed.
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