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  • Pennsylvania State Corr. Officers Ass'n v. Commonwealth

    Publication Date: 2020-07-13
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0737

    Association challenged arbitrator's denial of correction officer's heart and lung act benefits claim for injury that occurred on steps leading to entrance of correctional facility and court found arbitrator's award properly derived its essence from the CBA because whether claimant's injury occurred in the performance of his duties was within the terms of the CBA and arbitrator's award could be rationally derived from the CBA. Affirmed.

  • Pennsylvania State Corr. Officers Ass'n v. Commonwealth

    Publication Date: 2020-07-13
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0737

    Association challenged arbitrator's denial of correction officer's heart and lung act benefits claim for injury that occurred on steps leading to entrance of correctional facility and court found arbitrator's award properly derived its essence from the CBA because whether claimant's injury occurred in the performance of his duties was within the terms of the CBA and arbitrator's award could be rationally derived from the CBA. Affirmed.

  • Allen Distribution v. W. Pennsboro Twp. Zoning Hearing Bd.

    Publication Date: 2020-05-25
    Practice Area: Land Use and Planning
    Industry: Food and Beverage | Transportation
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0523

    A township zoning board did not err in holding that two rezoning ordinances constituted invalid spot zoning where the ordinances were enacted to accommodate the plans of one landowner, not to enhance the public's health, safety and general welfare. The commonwealth court affirmed.

  • Allen v. Commonwealth Bd. of Probation & Parole

    Publication Date: 2019-04-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0446

    Petitioner, a parolee serving time in a correctional facility, was not entitled to the relief sought in his mandamus petition, i.e., immediate release from prison, where the record clearly established that there were two outstanding detainers to which the Pennsylvania Board of Probation and Parole properly paroled him. The appellate court denied petitioner's application for mandamus relief.

  • Highley v. Pennsylvania Dept. of Transp.

    Publication Date: 2018-10-30
    Practice Area: Contracts | Government | Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1293

    Employees of nonunion construction company lacked standing to object to project labor agreement requirement in bid solicitation because their employer never bid on, won, or assigned employees to the project to render them aggrieved parties, nor did they qualify for taxpayer standing. Respondents' preliminary objections sustained.

  • Allen v. Unemployment Comp. Bd. of Review

    Publication Date: 2018-07-31
    Practice Area: Administrative Law
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0713

    Petitioner failed to demonstrate that employer's work rules were not uniformly enforced where both he and co-worker used "profane" and "abusive" language but only he was fired, as the record demonstrated that the conduct at issue was not the same and that petitioner's offensive conduct was more significant. The appellate court affirmed.

  • In re Return of Personal Property

    Publication Date: 2018-04-10
    Practice Area: Civil Procedure
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0424

    Court of common pleas erred in ordering guns and weapons that had been seized for safety to be returned after 13 years because the residual catchall statute of limitations, §5527(b), applied and the petition for the return of the items was untimely. Reversed.

  • Allison v. Workers Compensation Appeal Bd.

    Publication Date: 2018-02-06
    Practice Area: Administrative Law | Labor Law
    Industry: Automotive | Manufacturing
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0104

    A workers compensation judge lacked jurisdiction to hear claimants appeal of a utilization review determination where the physician who treated claimant did not provide the required medical records to the assigned utilization review organization. The court affirmed a Board determination reversing a WCJs holding.