• Desher v. Se. Pennsylvania Transp. Auth.

    Publication Date: 2019-07-15
    Practice Area: Labor Law
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0811

    Summary judgment properly granted to employer on claim under the Federal Employers' Liability Act arising from employer's failure to provide defibrillators in the workplace where no party addressed the foreseeability of the risk of cardiac arrest in the workplace. Order of the trial court affirmed.

  • M.S. v. Pennsylvania State Police

    Publication Date: 2019-07-01
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0762

    Petitioner petitioned for mandamus in relation to his designation as a sex offender and court found the Pennsylvania state police erred in ignoring petitioner's request for a hearing after he was determined to be a Tier III sex offender based on his conviction under the uniform code of military justice because the equivalency determination constituted an invalid adjudication under the administrative agency law and petitioner was entitled to a post-equivalency determination administrative appeal remedy that had to include an opportunit

  • Sierra Club v. Dep't of Envtl. Prot.

    Publication Date: 2019-07-01
    Practice Area: Environmental Law | Fee Disputes
    Industry: Energy
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0767

    Environmental hearing board properly denied petitioner environmental group's application for fees and costs after energy company decided to use an alternative technology to eliminate the need for an industrial wastewater discharge permit because EHB properly applied the catalyst test and its findings on the causation requirement were supported by substantial evidence of record. Affirmed.

  • Gordon Terminal Serv. Co. v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-06-24
    Practice Area: Labor Law
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0720

    Employer failed to prove willful misconduct by discharged employee where employer's own evidence demonstrated that it inconsistently enforced its cell phone policy such that it would no longer appear to be a rule. Order of the UCBR affirmed.

  • California Univ. of Pennsylvania v. Bradshaw

    Publication Date: 2019-06-17
    Practice Area: Public Records
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0698

    A corporation was not an "individual" for the purposes of the exception to disclosure under §708(b)(13) of the RTKL. Order of the Office of Open Records affirmed.

  • Gilmour v. Dept. of Transp., Bureau of Driver Licensing

    Publication Date: 2019-06-03
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0645

    Trial court could sustain an appeal of a license suspension for drug act conviction where a delay in transmission of the record of conviction to the bureau of driver licensing was nearly five times as long as the length of suspension. Order of the trial court affirmed.

  • Wilson v. Commonwealth

    Publication Date: 2019-06-03
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0659

    Trial court did not err in concluding that officer had police authority to stop appellant and invoke the implied consent law in another township, in appellant's challenge to his license suspension, because officer had reasonable grounds to believe appellant was driving under the influence of alcohol when he measured appellant's speed as 15 miles above the limit, followed him to another township and smelled alcohol and observed appellant had red and glassy eyes. Affirmed.

  • Freeman-Bennett v. York County Bd. of Assessment Appeals

    Publication Date: 2019-06-03
    Practice Area: Tax
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0650

    Denial of disabled veteran property tax exemption properly denied where applicant failed to present evidence of an actual determination of her financial need for the exemption, since a presumption that she would have received such a determination was insufficient to satisfy the statutory requirement. Order of the trial court affirmed.

  • Erie Ins. Co. v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-03-11
    Practice Area: Labor Law
    Industry: Construction | Insurance
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0244

    Application for reimbursement from supersedeas fund denied where employer was made to pay medical expense benefits retroactively pursuant to a penalty petition entered after employer unilaterally withheld benefits in violation of the Workers' Compensation Act. Order of the Workers' Compensation Appeal Board affirmed.

  • Driscoll v. Zoning Bd. of Adjustment of the City of Philadelphia

    Publication Date: 2019-01-15
    Practice Area: Administrative Law | Land Use and Planning
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0022

    Appeal from issuance of non-accessory sign permit dismissed as moot where applicants abandoned permit and the matter was not of public importance nor likely to recur but capable of evading review. Order of the trial court affirmed.