• Weeks v. Dep't of Human Serv.

    Publication Date: 2021-04-05
    Practice Area: Constitutional Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0375

    Department filed preliminary objections to petitioner's petition asserting act 12 of 2019 violated art. III, §§1 and 3 of the Pennsylvania constitution and court rejected petitioners' contention that because some of the provisions of act 12 raised revenue for health care assistance, it violated the single-subject rule of the Pennsylvania constitution and found the amendments to house bill 33 did not change the original purpose of the bill and its title did not deceive. Preliminary objections sustained.

  • Twp. of Cranberry v. Spencer

    Publication Date: 2021-04-05
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0373

    Appellant filed one notice of appeal when he appealed zoning violation fines on six properties at six separate docket numbers and court found appellant was required to file individual notices of appeal for each case and quashed five of the appeals and found trial court made no error in the sixth. Quashed, affirmed.

  • Amazing Grace Dental v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-04-05
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0359

    The Unemployment Compensation Board of Review did not err in concluding that claimant's usage of employer's business phone did not rise to the level of willful misconduct where claimant's actions did not unreasonably prevent employer's business line from operating. The commonwealth court reversed on other grounds.

  • Allegheny Reproductive Health Ctr. v. Pennsylvania Dep't of Human Serv.

    Publication Date: 2021-04-05
    Practice Area: Constitutional Law
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0360

    Petitioners, medical providers licensed to provide abortion services in the state, lacked standing to challenge the Medicaid coverage ban on abortion services on the basis of constitutional rights belonging to third parties, i.e., women enrolled in the state's Medicaid program. The commonwealth court dismissed the petition for review.

  • Harris v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-03-29
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: XXXXXX

    Claimant's lack of negligence in not timely receiving notices of determination and taking prompt action to contact department after learning of facts that would indicate the existence of the notices warranted allowing him to proceed with an appeal nunc pro tunc. Decision of the UBCR vacated, case remanded.

  • McCullough v. Pennsylvania Bd. of Probation & Parole

    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.

  • Harris v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-03-29
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0335

    The Unemployment Compensation Board of Review erred in holding claimant liable for fault overpayment of benefits that had been fraudulently obtained by claimant's daughter, who had used claimant's personal information that she previously had access to in helping claimant file prior UC applications online. Order of the UCBR reversed.

  • T.L.P. v. Pennsylvania State Police

    Publication Date: 2021-03-29
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0343

    Petitioner was entitled to mandamus relief because prior registration discharge order established he had satisfied his sex offender registration requirements and was discharged from any further responsibility to register as a sex offender in Pennsylvania. Application granted.

  • City of Philadelphia v. George T. Wake Inc.

    Publication Date: 2021-03-22
    Practice Area: Tax
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0308

    Trial court erred in denying appellants' petition to open or strike a default judgment entered in favor of city because an evidentiary hearing was needed to resolve factual disputes as to when appellants discovered the entry of default and as to the propriety of the service of process. Vacated.

  • North Coventry Twp. v. Tripodi

    Publication Date: 2021-03-22
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0311

    Trial court did not abuse its discretion in ordering appellants to pay into a fund to inspect and remediate appellants' apartment building because mold remediation was a precursor to meeting the other requirements for which appellants were responsible in bringing the property up to code and appellants had shown an ongoing lack of cooperation with master's and township's efforts to bring the property into compliance over 14 years. Affirmed.