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  • Gun Owners of Am., Inc. v. City of Philadelphia

    Publication Date: 2024-03-01
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1069 C.D. 2022

    City ordinance regulating firearms parts or machinery used to fabricate firearms was not preempted by the Uniform Firearms Act as parts and machinery did not constitute "firearms" under the statute. Order of the trial court affirmed.

  • McNabb v. PennDOT

    Publication Date: 2024-03-01
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Cohen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-C-2838

    The court addressed appellant's petition for appeal from appellee's notice disqualifying his commercial driver's license for one year by finding that PennDOT was effectively punishing appellant twice for the same DUI conviction which was not permitted under 75 Pa. C.S.A §1611(a). Appeal sustained and disqualification rescinded.

  • Sobon v. Commonwealth Dep't of Transp., Bureau of Driver Licensing

    Publication Date: 2024-02-23
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Wright
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1157 CD 2023

    In this §1925(a) opinion, the court asked the Commonwealth Court to affirm its Sept. 20, 2023, order sustaining appellee's appeal of the suspension of his driver's license where there was no evidence that the state trooper, who arrived on the scene of a crash on I-95 and arrested appellee, ever saw appellee driving while under the influence of alcohol.

  • Commonwealth v. Karash

    Publication Date: 2024-02-23
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 473 C.D. 2020

    Conservation officer's stop of fishing boat to ensure proper licensure and safety equipment served a governmental "special need" and thus did not require reasonable suspicion of a violation. Judgment of sentence affirmed.

  • Habte-DeJesus v. Commonwealth Dep't of Transp

    Publication Date: 2024-02-16
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Street
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 191201973

    The court filed a §1925(a) opinion urging that its order rescinding PennDot's suspension of a driver's license be upheld.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Markwardt v. Kijakazi

    Publication Date: 2024-02-09
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Lloret
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-cv-02355-RAL

    Plaintiff sought review of the denial of her application for social security disability insurance benefits and court found ALJ did not explain whether or why he ignored relevant medical records evidencing serious injuries plaintiff sustained as a result of her bike accident and did not provide a sufficient analysis for court to make a proper determination on review. Reversed and remanded.

  • Stevens v. Commonwealth Dep't of Transp

    Publication Date: 2024-02-02
    Practice Area: Administrative Law
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Mccullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1429 C.D. 2022

    Trial court erred in concluding PennDOT did not establish a prima facie case of plaintiff's out-of-state conviction of an alcohol-related driving offense requiring disqualification of his CDL but correctly found plaintiff's evidence established that he was not convicted on February 18, 2021 of an alcohol-related offense in Wisconsin that would require the disqualification of his CDL. Affirmed in part and reversed in part.

  • Lake v. City of Scranton

    Publication Date: 2024-02-02
    Practice Area: Administrative Law
    Industry: Financial Services and Banking | Real Estate
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2023 CV 2748

    The court sustained defendants' preliminary objection and dismissed plaintiff's action.

  • McFadden v. Kijakazi

    Publication Date: 2024-01-29
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Reid
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-2432

    Court remanded residual functional capacity determination where there was no medical evidence to support the ALJ's determination of functional limitations in claimant's arms and hands, as it was undisputed claimant continued to suffer from carpal tunnel syndrome and cervical radiculopathy. Request for review granted in part.

  • In re: Lincoln Fire Co.

    Publication Date: 2024-01-29
    Practice Area: Administrative Law
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    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.

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