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Publication Date: 2024-04-26
Practice Area: Education Law
Industry: Education | Transportation
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1259 C.D. 2019
Trial court construed the plain language of the school code and the charter school law correctly in holding that school districts were allowed to use public transportation in transporting charter school students to out of district schools and any requirement to transport both charter and school district students under the same conditions pertained to travel distance and safety, not the specific mode of transportation. Affirmed.
Publication Date: 2024-04-19
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
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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.
Publication Date: 2024-04-05
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 1253 C.D. 2019
Inconclusive scientific evidence of a causal connection between exposure to RF or EM emissions and adverse health effects was insufficient for a utility customer to prove by a preponderance of the evidence that having a required smart meter in their home constituted unsafe or unreasonable utility service. Order of the Public Utility Commission affirmed.
Publication Date: 2024-03-29
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 505 C.D. 2021
Court vacated trial court's order granting appellees' preliminary objections to appellant's tortious interference counts on the basis of sovereign immunity because courts and all parties agreed the order was an error. Vacated.
Publication Date: 2024-02-02
Practice Area: Labor Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 457 C.D. 2021
Department properly assessed UC contributions and properly concluded that 27 of employer's cleaners were not independent contractors, the Construction Workplace Misclassification Act applied to employer and 10 construction workers were also not independent contractors. Affirmed.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2024-02-02
Practice Area: Land Use and Planning
Industry: Construction | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 487 C.D. 2022
Court affirmed the upholding of the zoning hearing board's decision where there was substantial evidence to show that the applicant suffered hardship warranting zoning relief, the requested relief would not injure the public interest, and the requested variances represented the minimum possible modification. Order of the trial court affirmed.
Publication Date: 2024-02-02
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 1369 C.D. 2022
Union representative had same rights as employee to request private caucus when scope of employer's interview expanded to include additional potential discipline, as denying representative's right to speak during interview would effectively deny the employee's labor rights to representation. Order of the Pennsylvania Labor Relations Board affirmed.
Publication Date: 2024-02-02
Practice Area: Employment Litigation
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Cannon
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for defendant:
Case Number: 116 C.D. 2023
Unemployment compensation board of review properly found claimant was not ineligible for unemployment benefits based on willful misconduct because employer did not present competent and substantial evidence to establish that claimant knowingly violated employer's policy in confrontation with parking patron. Affirmed.
Publication Date: 2024-01-29
Practice Area: Administrative Law
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge Cannon
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Case Number: 479 C.D. 2022
Although a dissolving volunteer fire company's proposed beneficiaries were inappropriate recipients of the company's assets, as their purposes were insufficiently similar, the trial court erred in adopting the Office of Attorney General's proposed beneficiaries where the company's members remained willing and able to identify alternative beneficiaries. Order of the trial court affirmed in part and reversed and remanded in part.
Publication Date: 2024-01-15
Practice Area: Labor Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1273 C.D. 2022
Petitioner sought review of the Workers' Compensation Appeals Board's order affirming a workers' compensation judge's order denying and dismissing her petitions as barred by principles of res judicata. The court affirmed, holding that the WCJ and Board did not err in concluding petitioner's petitions effectively sought to relitigate her claims. The court held further that petitioner failed to satisfy the high burden required to obtain post-termination reinstatement of workers' compensation benefits.
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