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Publication Date: 2023-12-04
Practice Area: Antitrust
Industry: Insurance | Pharmaceuticals | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
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Case Number: 23-828
Third-party purchaser adequately pled antitrust injury against pharmaceutical company by alleging that it used loyalty conditions and bundled pricing to dissuade competition for one of its vaccines and thereby kept the price of that vaccine artificially inflated. Defendant's motion to dismiss denied in part and granted in part.
Publication Date: 2023-12-04
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
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Case Number: 244 C.D. 2022
Trial court should have treated petition for review as seeking a writ of mandamus where requester prevailed in a Right-to-Know Law proceeding before the Office of Open Records and thus was merely seeking enforcement of a final determination. Order of the trial court reversed in part and affirmed in part, case remanded.
Publication Date: 2023-12-04
Practice Area: Employment Litigation
Industry: Legal Services | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 1039 C.D. 2021
Workers' compensation judge properly concluded employer violated the workers' compensation act by refusing to reimburse claimant for the cost of CBD oil prescribed by his doctor to treat his work related injury and board violated the standard of review by disregarding WCJ's findings of fact, by expressly refusing to define whether CBD oil was a medicine or supply and in concluding it would violate federal law to direct insurer to reimburse claimant for an over-the-counter dietary supplement. Reversed
Publication Date: 2023-12-04
Practice Area: Real Estate
Industry: Advertising | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 88 C.D. 2022
Zoning board misinterpreted township zoning code in approving permits for construction of a billboard within a right-of-way, which expressly required all principal uses to be on a lot and excluded any parcel of land within a right-of-way from the definition of a "lot." Order of the trial court reversed.
Publication Date: 2023-12-04
Practice Area: Election and Political Law
Industry: Non-Profit | State and Local Government
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Baxter
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Case Number: 1:22-CV-00339
Court found commonwealth's mandatory application of the date requirement on the outer return envelope of mail-in ballots was immaterial and violated the materiality provision of the Civil Rights Act and plaintiffs were entitled to summary judgment on that claim but plaintiffs failed to establish standing against 55 county board of elections. Motion granted and motion denied.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-12-04
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
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Case Number: 637 C.D. 2022
Court found appellant failed to invoke the court's authority under the Declaratory Judgment Act and trial court should have dismissed appellant's complaint relating to a real estate tax assessment for lack of jurisdiction. Vacated and remanded.
Publication Date: 2023-12-04
Practice Area: Family Law
Industry: Health Care | State and Local Government
Court: Superior Court
Judge: Judge Pellegrini
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Case Number: 504 EDA 2023
Trial court abused its discretion in dismissing dependency petition after finding that child did not experience substantial pain despite suffering multiple fractures and where parents failed to establish alternate explanations of injury after DHS established a prima facie case. Order of the trial court reversed, case remanded.
Publication Date: 2023-11-27
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 1076 C.D. 2022
Arbitrator properly found for Fraternal Order of Police in its grievance over termination of health insurance for surviving spouses of retired police officers because arbitrator's award was based on arbitrator's interpretation of disputed terms and conditions in the CBA and was entitled to deference. Affirmed.
Publication Date: 2023-11-27
Practice Area: Civil Appeals
Industry: State and Local Government
Court: Courts of Common Pleas, Bucks County
Judge: Judge Bateman
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Case Number: 2015-05753
Appellant, a pro se plaintiff, filed a notice of appeal after filing two motions to re-open his case and a motion for civil trial. The court requested that appellant's appeal be dismissed as not properly before the Superior Court where appellant's motions remained pending, and thus there was no final order to appeal, and where it was impossible to discern what "order" appellant intended to appeal.
Publication Date: 2023-11-20
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 1337 C.D. 2019
PUC properly denied petitioner's petition seeking to prohibit the installation of a smart electric meter at his home because the supreme court's holding in Povacz v. PUC, 280 A.3d 975, resolved the issues in this case. Affirmed.
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