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  • Northeastern Eye Inst. v. Unemployment Compensation Bd. of Review

    Publication Date: 2018-01-23
    Practice Area: Administrative Law | Civil Procedure | Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0069

    Board erred in applying the mailbox rule to employers assertion that it never received the notice of hearing regarding claimants first hearing because there was no evidence of record or testimony demonstrating that the notice was signed in the regular course of business and placed in the regular place of mail. Vacated.

  • Vanvoorhis v. Shrewsbury Township

    Publication Date: 2018-01-16
    Practice Area: Land Use and Planning
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0031

    Trial court erred in finding that a summer house was a permitted use that did not require a development right and that appellees had a vested right in not having a development right attached to the summer house because based on the record, it was not possible to determine if the summer house constituted a tenant dwelling and it was not clear whether the township knew of the exact use to which the summer house was put. Vacated and remanded.

  • In Re: Appeal of Bell

    Publication Date: 2018-01-16
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0022

    City had just cause to pass over applicant for firefighter position for failure to comply with residency requirement, where applicant failed to produce evidence that he resided within city limits at least one year prior to his application. Order of the City of Pittsburgh Civil Service Commission affirmed.

  • Green v. Wolf

    Publication Date: 2018-01-02
    Practice Area: Constitutional Law | Education Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 171840

    Petitioners challenge to his removal as chair of the school reform commission was denied because §696 of the school code did not apply since the position of chair of the SRC was not an office and the governor had the power to remove petitioner from a position that had no duties or role assigned to it. Relief denied.

  • Kaite v. Unemployment Compensation Bd. of Review

    Publication Date: 2017-12-26
    Practice Area: Administrative Law | Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1850

    Unemployment Compensation Board of Review erred in denying benefits to employee who was terminated for refusing to undergo fingerprinting for employer-mandated background checks, where the employee held a sincere religious belief commanding against fingerprinting. Order of the Unemployment Compensation Board of Review reversed.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Fuller v. Lehigh-Northampton Airport Auth.

    Publication Date: 2017-11-21
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1705

    Owner of property subject to a de facto taking not entitled to the greatest sum of delay compensation possible, where the Eminent Domain Code required the property owner to be compensated for the just value of the taken property as close as practical to the date of taking. Order of the trial court affirmed.

  • McKelvey v. Office of Attorney General

    Publication Date: 2017-10-31
    Practice Area: Civil Appeals | Public Records
    Industry: Legal Services
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1620

    The court used alternative reasoning to affirm the OAGs denial of a RTKL request for a report generated by a law firm investigating crimes arising from or related to the commonwealths email system because while the OAG argued that the report was exempt under the attorney-client and attorney-work-product privileges and the predecisional and noncriminal investigation exemptions, the court focused on whether the appendices sought were part of the record and encompassed by the RTKL request at the time the request was made. Affirmed.

  • Staton v. Bd. of Probation and Parole

    Publication Date: 2017-10-10
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1546

    The court granted counsels petition to withdraw because counsels no-merit letter met the technical requirements of Turner/Finley and convicted parole violators claims that the board did not have the authority to alter his judicially-imposed sentence beyond his original maximum term.