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  • Wright v. Town of McCandless Zoning Hearing Bd.

    Publication Date: 2021-12-27
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1489

    Trial court erred in finding plaintiff lacked standing to appeal zoning board's grant of a variance and court found trial court applied the wrong legal analysis and did not consider whether plaintiff had standing to appeal based on party status before the board. Vacated and remanded.

  • R.S. v. Hempfield Area Sch. Dist.

    Publication Date: 2021-12-20
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1473

    School district appealed trial court's preliminary injunction ordering school district to provide student with in-person learning and court found trial court lacked reasonable ground to conclude student had a likelihood of success on the merits because settlement agreement between student and his prior school district could not nullify the adjudication issued by prior school board finding student was in possession of a weapon on school property. Reversed.

  • Rodeheaver v. Bedford Pa. Court of Common Pleas

    Publication Date: 2021-12-06
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1419

    DOC filed preliminary objections to inmate's action asserting DOC illegally seized $2,500 paid to him from a retirement annuity plan pursuant to a qualified domestic relations order as a result of his mother's death and court found DOC did not err in seizing the funds from inmate's account pursuant to act 84 and inmate's constitutional claims also failed. Preliminary objections sustained.

  • Davita, Inc. v. Rogers

    Publication Date: 2021-11-22
    Practice Area: Labor Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1354

    Workers' compensation judge properly granted employee's claim petition after crediting the employee's treating physician's testimony which opined that the injuries employee had complained of were causally related to her work accident. Order of the Workers' Compensation Appeal Board affirmed.

  • Reading Sch. Dist. v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-11-15
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1324

    Employer challenged board's denial of its termination, suspension and suspension/modification petitions and court found claimant had an ongoing disability but WCJ failed to engage in sufficient analysis of employer's last job offer letter and remanded that issue. Affirmed in part, vacated in part and remanded in part.

  • 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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  • Nat'l Election Defense Coal. v. Boockvar

    Publication Date: 2021-11-01
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1271

    Where individual voters and concerned voter leagues identified security and accuracy concerns with electronic voting machines, further factfinding was required to determine if the secretary's certification of those machines was arbitrary or an abuse of discretion. Secretary's preliminary objections overruled in part and sustained in part.

  • Hohl v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-10-11
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1168

    Claimant appealed the finding he was not entitled to unemployment benefits because he quit without a necessitous and compelling reason where he quit after a coworker threatened to beat him up and court found board's decision did not allow effective appellate review and remanded for factual findings and the application of the appropriate legal standard. Vacated.

  • Greene St. Friends Sch. v. Bateman

    Publication Date: 2021-09-27
    Practice Area: Fee Disputes
    Industry: Education | Real Estate
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1114

    Defendants' due process challenge to an attorney fee award under Act 135 waived for defendants' failure to cite to legal authority in support of their arguments. Order of the trial court affirmed.

  • Smith v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-09-27
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1108

    Unemployment compensation board of review properly found claimant voluntarily resigned from his position where claimant was suspended with a recommendation of termination, failed to avail himself of an offered hearing and resigned as part of a worker's compensation settlement before school board acted on his termination. Affirmed.

  • Vellon v. Dep't of Transp.

    Publication Date: 2021-09-27
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1105

    Trial court properly denied licensee's statutory appeal of his operating privilege suspension because where licensee was sentenced on two DUIs on the same day, §3806(b)(3) caused the offenses to be prior offenses and trial court did not err in concluding licensee's second DUI was prior offense of his first DUI and §3804(e) clearly indicated department was empowered to establish whether an individual had a prior offense and to issue an operating privilege suspension on that basis. Affirmed.