• Alsyrawan v. Dep't of Human Servs.

    Publication Date: 2024-06-07
    Practice Area: Health Care Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 111 C.D. 2023

    Petitioner sought review of a final order affirming respondent's decision adopting an administrative law judge's adjudication that denied petitioner's request for an exception to the cap on in-home care hours he could receive from his family. The court affirmed, holding that petitioner failed to demonstrate a burden on his free exercise of religion where he could continue to receive available home care and companion services despite the fact that his mother and sister would no longer be paid for providing more than 60 hours of care pe

  • In re New Cent. Baptist Church

    Publication Date: 2024-06-07
    Practice Area: Corporate Governance
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1079 C.D. 2022

    Orphans' court erred in denying church's request for a decree validating the August 2018 and 2019 elections and votes for church trustees and the February 2019 votes removing the pastor because some of orphans' court's findings regarding bylaw and vote requirements were unsupported by competent and adequate evidence of record, its reasoning was internally inconsistent and contradictory, and its interpretation of the bylaws notice provision was ordinarily barred by the rules of construction. Vacated and remanded.

  • Appeal of: Clarke

    Publication Date: 2024-06-07
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 249 C.D. 2023

    Appellant appealed the trial court's order concluding that he lacked standing to appeal a zoning board of adjustment's variance approval and quashing his appeal. The court affirmed, holding that appellant, as an individual member of the city council, lacked standing to appeal a decision of the ZBA.

  • Dooley v. McGeever

    Publication Date: 2024-06-07
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 46 M.D. 2023

    Mandamus relief seeking entry of default judgment in underlying action denied where petitioner failed to demonstrate that he correctly effected service upon the defendant in the underlying action. Respondents' preliminary objections sustained, case dismissed without prejudice.

  • Luzerne & Susquehanna Ry. Co. v. Luzerne County. Redevelopment Auth.

    Publication Date: 2024-06-07
    Practice Area: Public Records
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 833 C.D. 2022

    Court reversed order requiring production of railroad operating agreements where such agreements might not have been responsive to the Right-to-Know Law request and where trial court's apparent failure to review the agreements meant its decision was not supported by sufficient record evidence. Order of the trial court vacated and remanded.

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  • Meyers v. Dep't of Transp.

    Publication Date: 2024-06-07
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 33 C.D. 2022

    Half a minute of silence after being read implied consent warnings, in the context of a prior refusal of chemical testing and other belligerent conduct, was sufficient to constitute a refusal to submit to a chemical test. Order of the trial court reversed.

  • Pennsylvania Sch. Bd. Ass'n, Inc. v. Mumin

    Publication Date: 2024-05-31
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 409 M.D. 2023

    Department of Education improperly promulgated new age-out rules under the Individuals with Disabilities Education Act by failing to follow mandatory rulemaking procedures as the rules had the force of law and materially affected school districts' budgeting. Petitioners' application granted, respondents' cross-application denied.

  • C.M. v. Pennsylvania State Police

    Publication Date: 2024-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 47 M.D. 2021

    Respondent applied for summary relief denying petitioner's petition for removal from Pennsylvania's sex offender registry. The court granted respondent's application for summary relief, holding that petitioner, who was incarcerated and became subject to Megan's Law II upon its effective date in 2000, was required as a matter of law to register as a sex offender for his lifetime.

  • 700 Pharmacy v. Bureau of Workers' Comp. Fee Review Hearing Office (State Workers' Ins. Fund)

    Publication Date: 2024-05-31
    Practice Area: Labor Law
    Industry: Health Care | Retail | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 560 C.D. 2020

    Fee review applications were properly denied as prescriptions issued by physicians and filled by a pharmacy that the physicians held an interest in constituted an improper self-referral. Order of the Bureau of Workers' Compensation affirmed.

  • In re: Appeal of Heinz

    Publication Date: 2024-05-31
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1231 C.D. 2022

    Notice of violations of speeding statute pursuant to automated speeding enforcement systems was not unconstitutional where the speeding fine was a civil penalty and violators were afforded notice and opportunity to contest the alleged violation. Order of the trial court affirmed.