Case law

Penncrest S.D. v. B. Rodgers

Commonwealth Court of Pennsylvania · May 6, 2025

Here, Requester has failed to establish either prong. 1 Act of February 14, 2008, P.L. 6, 65 P.S. §§ 67.101-67.3104. … qualify for a predecisional exception from public disclosure.

S. Lomax v. A. DeSantis

Commonwealth Court of Pennsylvania · May 13, 2021

the scope of the OIG’s role of investigating waste and wrongdoing in the City’s 3 By way of analysis, the OIG employees do not appear to be entitled to high public official immunity. … An abuse of discretion occurs where there is manifest unreasonableness, partiality, prejudice, bias, ill will, or such lack of support that the ruling is clearly erroneous, not where an appellate court would have reached

Tokar v. Commonwealth

35 Pa. Commw. 241 · Commonwealth Court of Pennsylvania · May 8, 1978

The basic purpose of the statutory requirement of availability ‘is to establish that a claimant is actually and currently attached to the labor force.’ ... … She was available for work during approximately 21 *251 hours per day. 6 She was a college graduate and apparently qualified to perform any number of jobs, skilled and unskilled.

A. Brown v. J. Wetzel

Commonwealth Court of Pennsylvania · Sep 9, 2016

Respondent asserts Petitioner cannot show that he has an established right, in the prison setting, to receive the records. … “The purpose of mandamus is not to establish legal rights, but to enforce those rights already established beyond peradventure.” Detar, 898 A.2d at 29.

Arcurio v. Commonwealth

125 Pa. Commw. 557 · Commonwealth Court of Pennsylvania · May 3, 1989

Code §2620.21 (a) and (b), the purpose of the certificate is to insure that only qualified residents are admitted to licensed PCH’s. … The fact that Inspector Donnelly could not clearly remember her encounter with Lawrence S. went to the weight to be given her testimony, not its admissibility.

City of Philadelphia v. AFSCME, District Council 33, Local 1637

906 A.2d 613 · Commonwealth Court of Pennsylvania · May 18, 2006

With only two qualified housing inspectors in the Union at the time, who undis-putedly remained fully employed throughout the period, it is speculative how many additional members could have been recruited into the Union … Fraternal Order of Police, Lodge No. 5 (Fox), 777 A.2d 1206 (Pa.Cmwlth.2001), a finding of waiver is inappropriate when a particular issue was not clearly defined during the arbitration and, here, the issue was not clearly

City of Philadelphia v. Pennsylvania Insurance Department

889 A.2d 664 · Commonwealth Court of Pennsylvania · Dec 29, 2005

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor … A party 'must show' a sufficiently close causal connection between the challenged action and the asserted injury to qualify the interest as 'immediate' rather than ‘remote.’ Id. at 202 , 346 A.2d at 286 .”

In re Harley-Davidson Motor Co.

80 A.3d 506 · Commonwealth Court of Pennsylvania · Oct 30, 2013

This Court has recognized: [I]t is not enough to merely present evidence from a qualified expert. … by revaluing the properties and applying an established predetermined ratio, the court shall utilize the established predetermined ratio instead of the common level ratio for the year in which the assessment was revised

In re: Proposed Annexation of Wilkinsburg by the City of Pittsburgh ~ Appeal of: T. Evans, M. Garcia, D. Raubenstrauch, V. Buffry and M. Rose

Commonwealth Court of Pennsylvania · Jul 13, 2023

. §171, provided that any municipality seeking to become annexed to a contiguous city must present a petition signed by at least five percent of the qualified voters in the last preceding general election in that municipality … (Footnote continued on next page…) 4 establishing the procedure for consolidation, merger or change of the boundaries of municipalities.” Trial Court Opinion at 2.

J. Wybranowski v. N. Strabane Twp.

Commonwealth Court of Pennsylvania · Jul 14, 2021

Instead, Officer asserts that he seeks and qualifies for deferred vested benefits under Section 7.03 of the Pension Plan.5 Township Ordinance No. 345, relating to the establishment and maintenance of the Pension … Although Officer’s written request referenced an “early vested retirement benefit,” the parties’ Stipulation of Facts clearly states that his request for benefits was made under Section 7.03 of the Pension Plan, see R.R.

Lehighton Area Sch. Dist. v. Carbon Cnty. Tax Claim Bur. (In Re Cnty. of Carbon Tax Claim Bureau Judicial Sale of Land in the Cnty. of Carbon Free & Discharged From All Tax & Mun. Claims, Mortgs., Lien Charges, & Estates Whatsoever, Held November 6, 2015)

187 A.3d 280 · Commonwealth Court of Pennsylvania · May 18, 2018

Alternatively, the School Districts argued that the face amount of the tax, penalty, and interest plainly constituted “taxes,” even if attorney fees and commissions did not qualify as such. … , to the extent the commissions, attorney fees, and costs are 4 This Court’s review in a tax sale case determines whether the trial court abused its discretion, rendered a decision which lacked supporting evidence or clearly

JORDAN EX REL. JORDAN v. Western Pennsylvania Hosp.

961 A.2d 220 · Commonwealth Court of Pennsylvania · Nov 10, 2008

. §§ 1336-1396 (v), provides for the tunneling of federal funds through the states for medical assistance to qualifying individuals. The Department administers the Medicaid program in the Commonwealth. … Additionally, the Code clearly vests in the Department certain rights regarding involvement in on-going litigation. Although Pa.

Trout v. Workers' Compensation Appeal Board

836 A.2d 178 · Commonwealth Court of Pennsylvania · Nov 19, 2003

However, Employer denied Claimant that opportunity and conditioned Claimant’s continued employment on her assuming a position that would not have qualified as “available” to suspend or mod *184 ify her benefits in the first … Clearly, in both of those cases, the claimants’ actions directly caused the loss of earning power, and, accordingly, in each case, it was the claimant’s burden to establish that he removed himself from the workforce for reasons

Phoenixville Hospital v. Workers' Compensation Appeal Board

2 A.3d 689 · Commonwealth Court of Pennsylvania · Jun 30, 2010

Kulick identified several positions at various businesses that she believed the claimant was qualified for and capable of performing them. … Graham clearly opined in her July 20, 1998 report that the position of patient verification interviewer would be appropriate to claimant’s skills and physical capabilities, and that 4 openings were available as of June 30

Reilly v. Workmen's Compensation Appeal Board

136 Pa. Commw. 543 · Commonwealth Court of Pennsylvania · Dec 10, 1990

This Court is bound by findings of fact which are clearly the result of resolutions of conflicts in the testimony and which are supported by substantial, competent evidence. Killian v. … Rieger was not qualified as an expert on alcoholism. We disagree. Dr.

Lutheran Home at Kane & Siemon's Lakeview Manor Estate v. DHS

Commonwealth Court of Pennsylvania · Jun 4, 2024

To qualify for federal funds, the states must satisfy certain requirements under federal law relating to the state plans for MA. See generally Section 1902 of the Act, 42 U.S.C. § 1396a. … Code § 1187.96, that are not fully incurred or established until the end of each reported cost year.

L. Brown v. York County Prison (Medical Dept.)

Commonwealth Court of Pennsylvania · Feb 19, 2016

Unlike other litigants, pro se prisoners cannot personally travel to the courthouse to see that the notice is stamped “filed” or to establish the date on which the court received the … “[Pa.R.A.P.] 302(a) clearly states that issues not raised in the trial court are waived and cannot be raised for the first time on appeal.” Siegfried v. Borough of Wilson, 695 A.2d 892, 894 (Pa.

Coatesville Area S.D. v. Chester County Bd. of Assessment Appeals ~ Appeal of: Preserve at Milltown Lantern Owner LLC

Commonwealth Court of Pennsylvania · Aug 15, 2024

There was no evidence that CASD chose to appeal one qualifying commercial property and not a similarly qualifying residential property.” (Common pleas’ op. at 9.) … It remains unclear to me why the government using one methodology to select qualifying residential properties and a different methodology to select qualifying commercial properties is constitutional merely because the threshold

Weaver Hauling & Excavating, LLC v. Department of Labor & Industry, Office of Unemployment Compensation Tax Services

132 A.3d 557 · Commonwealth Court of Pennsylvania · Jan 6, 2016

Members signed operating agreements with the LLC, which established their membership interest. 20. … The Department’s use of the term “business profits” clearly refers to “ordinary business income.”

M. McElwee v. BPOA, State Board of Veterinary Medicine

Commonwealth Court of Pennsylvania · Jan 18, 2022

For the reasons stated above, we have found that the Board did establish a violation of law, and we see no due process violation in its application here. … In so doing, the Majority overlooks the final, qualifying clause of the statute, “requiring medication of any animal or for the prevention of or the testing for the presence of any disease.”