• Commonwealth v. Baker

    Publication Date: 2024-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 261 MDA 2023

    Evidence was sufficient to support witness intimidation conviction where witness testified that appellant had, on multiple occasions, contacted her in violation of his bail conditions to ask her to change her testimony or not testify at trial. Judgment of sentence affirmed.

  • Childfirst Serv., Inc. v. S. Heidelberg Twp. Zoning Hearing Bd.

    Publication Date: 2024-04-19
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1166 C.D. 2021

    Zoning Hearing Board erred in sustaining a notice of violation based on completely different factual bases than asserted in the notice of violation. Order of the trial court reversed.

  • Blanda v. The Somerset County Bd. of Assessment Appeals

    Publication Date: 2024-04-19
    Practice Area: Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 409 C.D. 2022

    Trial court erroneously dismissed appellant property owners' tax appeal where assessor office's unilateral revision to the property's square footage constituted a new issue that meant the owners' prior assessment appeal did not collaterally estop them from challenging the new square footage determination. Order of the trial court reversed and remanded.

  • Smith Land & Improvement Corp. v. Swatara Twp. Zoning Hearing Bd.

    Publication Date: 2024-04-19
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 174 C.D. 2023

    Common pleas court erred in affirming Zoning Hearing Board's denial of appellant's appeal and application for a conditional use permit because appellant filed its application just before ordinance stating warehousing was not a permitted use came into effect and the pending ordinance doctrine was inapplicable. Vacated and remanded.

  • Auxier v. Trinity Health Corp.

    Publication Date: 2024-04-19
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 228 C.D. 2023

    Claimant petitioned for review of a decision of Workers' Compensation Appeals Board which affirmed workers' compensation judge's order after Board remand. The court reversed Board and reinstated WCJ's order awarding claimant recovery of attorneys' fees.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Allegheny County Prison Employees Indep. Union v. Allegheny County

    Publication Date: 2024-04-19
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 637 C.D. 2021

    Employee's union appealed the trial court's order denying its petition to vacate grievance arbitrator's supplemental remedy award, which concluded that employer owed no back pay to a wrongfully terminated employee who failed to seek alternative employment prior to reinstatement. The court affirmed where the arbitrator's remedy derived its essence from the parties' collective bargaining agreement and violated no well-defined public policy.

  • Willis v. Schuylkill County Tax Claim Bureau

    Publication Date: 2024-04-19
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 229 C.D. 2023

    The court reversed the trial court's order overruling appellants' objections to the upset sale of real property and found that appellee Schuylkill County Tax Claim Bureau failed to comply with the notice requirements in §602 of the Real Estate Tax Sale Law because appellee failed to comply with §607.1(a) of RETSL that required appellee to make additional efforts to notify appellants of the upset sale beyond those in §602.

  • Commonwealth v. Branthafer

    Publication Date: 2024-04-19
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1745 MDA 2022

    Established jurisprudence held that the Post Conviction Relief Act time-bar was jurisdictional, and applying a jurisdictional limitation was not unconstitutional where the PCRA had mechanisms to allow defendants to assert ineffective assistance of PCRA counsel claims. Order of the PCRA court affirmed.

  • Appeal of: AZ Broad St. LLC

    Publication Date: 2024-04-19
    Practice Area: Land Use and Planning
    Industry: Retail | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1354 C.D. 2021

    Use variance applicant failed to present sufficient evidence of unnecessary hardship where prior uses were irrelevant as the zoning code had been amended to expressly prohibit the proposed use and where Zoning Board of Adjustment was free to discredit applicant's expert's opinions. Order of the trial court reversed.

  • Torres v. Amazon.com Serv. LLC

    Publication Date: 2024-04-19
    Practice Area: Employment Litigation
    Industry: E-Commerce
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1398 C.D. 2022

    Claimant appealed board's decision as to her entitlement to attorney fees and court reversed board's order to the extent it automatically foreclosed the imposition of attorney fees against employer after its contest became reasonable and disregarded the plain language of §440(a). Reversed and remanded.