• In re: Nomination Petition of Broadhurst

    Publication Date: 2024-04-05
    Practice Area: Election and Political Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 96 M.D. 2024

    Objector petitioned to set aside the nomination petition of United States Representative candidate John Broadhurst. The court dismissed the objection petition where objector improperly utilized email to serve a copy of the petition on the Secretary of the Commonwealth.

  • Marriott Int'l, Inc. v. Loguidice

    Publication Date: 2024-03-29
    Practice Area: Employment Litigation
    Industry: Food and Beverage | Hospitality and Lodging
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 43 C.D. 2023

    Board erred in finding employer's expert's testimony was not legally competent because independent medical examination doctor accepted the adjudicated work injuries and opined that claimant was fully recovered from those work injuries. Reversed.

  • Pennsylvania Office of the Governor v. Brelje (Office of Open Records)

    Publication Date: 2024-03-15
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 363 C.D. 2022

    Governor's office adequately requested additional time to review requested documents for privilege or exemption from disclosure where the office's affirmation expressly identified potential exemptions based on the activities of the officials whose records were sought. Final determination of the Office of Open Records affirmed in part and vacated in part.

  • Toland v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 315 M.D. 2018

    Petitioner and parole board argued discovery issues in petitioner's challenge to the denial of his 2017, 2018 and 2019 parole applications and court found the 2022 parole denial did not make the action moot, confidentiality regulation was not a per se bar to the production of documents in a parolee's file, board did not show the criminal history record information act applied and court dismissed board's objections to interrogatories as boilerplate. Motions granted in part and dismissed in part.

  • Hill v. Governor of Pennsylvania

    Publication Date: 2024-02-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 311 M.D. 2022

    Petitioner, sentenced to life imprisonment without parole, argued 61 Pa.C.S. §6137(a)(1) was unconstitutional and that he qualified as a "child" under the Pennsylvania Juvenile Act due to his age of 20 years old at the time of his arrest and low IQ. Court interpreted the petition as one "in the nature of [an] application forpost-conviction relief" and found that given the action was not ancillary to any proceedings within the appellate jurisdiction of the court and court lacked jurisdiction over the petition. Preliminary objections s

  • 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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  • Austin v. Lehigh & Northampton Transp. Auth.

    Publication Date: 2024-02-09
    Practice Area: Personal Injury
    Industry: Construction | Transportation
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 355 C.D. 2022

    Personal injury plaintiff appealed the trial court's entry of judgment against him. The court affirmed, holding that the trial court did not err in refusing plaintiff's motion to sever his personal injury suit from his employer's consolidated property damage case where evidence of the underlying accident was largely the same, although the parties' rights and liabilities differed.

  • In re: Appeal of Sesso

    Publication Date: 2024-02-09
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1006 C.D. 2021

    Trial court erred in reversing board's grant of a zoning variance because board did not err or abuse its discretion in finding that res judicata did not bar Total Custom Homes Inc. from filing the variance application and that TCH met its burden of proving its entitlement to the requested dimensional variance under the Hertzberg v. Zoning Hearing Bd., 721 A. 2d 43, standards. Reversed.

  • Pritchard v. Meintel

    Publication Date: 2024-01-29
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 49 C.D. 2022

    Common pleas erred in finding the real estate exception did not apply and sovereign immunity barred appellant inmate's action for his slip and fall because, in alleging defendants failed to maintain the slip-resistant surface on which he slipped, inmate adequately alleged injury caused by a dangerous condition of Commonwealth real estate but his negligence claims unconnected to negligent maintenance were barred. Reversed in part and affirmed in part.

  • GEICO Advantage Ins. Co. v. Modern Auto Crafters

    Publication Date: 2024-01-22
    Practice Area: Regulation
    Industry: Automotive | Insurance
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 907 C.D. 2020

    Body shop qualified as a tow company under Philadelphia Towing Ordinance where it distributed tow agreements to tow truck operators in the hope they would transport vehicles to the body shop, and it violated the ordinance with excessive fees because its agreement did not comply with the ordinance and thus a vehicle owner could not validly consent to the tow. Judgment of the trial court affirmed.

  • Federated Ins. Co. v. Summit Pharmacy (Bureau of Workers' Comp. Fee Review Hearing Office)

    Publication Date: 2024-01-22
    Practice Area: Labor Law
    Industry: Insurance | Pharmaceuticals | Retail
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 115 C.D. 2023

    Workers' compensation bureau erred in relying on Red Book to establish average wholesale prices for pharmaceuticals where Red Book values were based on manufacturer suggested prices rather than representing an average of actual wholesale transactions. Order of the Bureau of Workers' Compensation reversed and remanded.