Case law

M.C. Romig v. J. Wetzel

Commonwealth Court of Pennsylvania · May 23, 2022

I. 8 The Fourteenth Amendment states, in pertinent part: “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 … . §§8541-42. 6 have been clearly established. Id. Ordinarily, “mandamus is not a proper vehicle for challenging the constitutionality of a statute, regulation or policy.”

S.M. Donahue v. SCSC (DHS)

Commonwealth Court of Pennsylvania · Apr 22, 2021

Tomaselli testified that it is “standard” practice for DHS to limit the candidates for positions in the Lackawanna County Assistance Office to qualified individuals who reside in Lackawanna County. … Donahue failed to establish a prima facie case of discrimination.

Commonwealth of Pennsylvania, acting by PA DEP v. Monsanto Co., Solutia Inc. and Pharmacia LLC

Commonwealth Court of Pennsylvania · Dec 30, 2021

Clearly, that presented a much more remote circumstance than those before this Court, where Plaintiffs allege that the marketed uses of the PCB products themselves created the nuisance. … Finally, Defendants claim that Plaintiffs may not recover economic losses in tort absent physical injury or damage to Commonwealth-owned property, and Plaintiffs’ claimed damages to the public treasury do not qualify as such

Aetna Better Health of PA, Inc. v. DHS

Commonwealth Court of Pennsylvania · Apr 11, 2018

In turn, “clarify” is defined as “to explain clearly,” to “make understandable,” or “to make less complex or less ambiguous.” … We conclude that Peoples’ Petition clearly sets forth the matter for our appellate review; therefore, we must sustain the demurrer.

B. Vazquez v. Arthur Jackson Co. (WCAB)

Commonwealth Court of Pennsylvania · Aug 4, 2023

and acute bilateral low back pain with left-sided sciatica; (5) Claimant was seen on June 9, 2020, when the Employer also submitted a June 8, 2020 e-mail exchange in which Usher indicated that Claimant did not qualify … 10  In a claim petition, the claimant bears the burden of proving all of the elements necessary to establish entitlement to benefits under the Act.

V. Regan v. WCAB (City of Philadelphia)

Commonwealth Court of Pennsylvania · Jan 18, 2019

Singer was not qualified to interpret the studies he reviewed and that the meta-analysis Dr. Singer relied on did not meaningfully summarize the studies they incorporate. Dr. Guidotti also believed that Dr. … Section 108(r) of the Act clearly incorporates this causation “unclassifiable” as to carcinogenicity in humans.

A.A. Cobb v. PennDOT, Bureau of Driver Licensing

Commonwealth Court of Pennsylvania · Dec 12, 2016

Young), a physician board certified in internal medicine, pulmonary medicine, and critical care medicine, who was qualified as an expert in pulmonology. N.T.6 at 3-4. As the trial court found: Dr. … The trial court concluded that “[t]he record in the instant matter clearly establishes, by stipulation, that [the Department] satisfied the four criteria to suspend the operating privilege of [Licensee] pursuant to Section

School Express, Inc. v. Upper Adams S.D.

Commonwealth Court of Pennsylvania · Jan 9, 2023

The “reasonably” qualifier is important: there is no ambiguity if one of the two proffered meanings is unreasonable. Trizechahn Gateway LLC v. … Clearly, the trial court found SEI’s interpretation of the Transportation Agreement unreasonable. We cannot conclude that this was error.

S.L. Allen and L.L. Allen, h&w v. Juniata County Board of Assessment Appeals v. Juniata County and Juniata County SD

Commonwealth Court of Pennsylvania · Oct 22, 2018

We determined that a shed clearly constitutes a “building” for purposes of Section 8811(a)(1)(iii). Id. at 405. However, we concluded the shed was not “permanently attached.” Id. at 406. … Upon determining that the credited evidence failed to establish that the shed was attached in a manner sufficient to render it assessable under the Assessment Law, we reversed the assessment.

Pennsylvania Independent Oil & Gas Ass'n v. Commonwealth, Department of Environmental Protection

146 A.3d 820 · Commonwealth Court of Pennsylvania · Sep 1, 2016

Chapter 32 of Act 13 addresses well permitting and establishes statewide limitations on oil and gas development. … Clearly, DEP’s mandate is to consider the impact of the proposed well on public resources, which includes, but is not limited to, the six enumerated resources.

H.W. v. DHS

Commonwealth Court of Pennsylvania · Jul 15, 2025

Doshi was qualified as an expert in child abuse and child protective services medicine. She opined that Child’s 5 injuries were “non-accidental.” Id. at 87a-91a. … (Mother’s Br. at 20) (“Although she noted that the child’s leg was caught in the slat of her crib, this clearly was not the cause of the injury”).

C.G. Jean v. Bloomin' Brands, Inc. (WCAB)

Commonwealth Court of Pennsylvania · Sep 25, 2023

He testified that Claimant’s December 2, 2019 EMG did not clearly confirm lumbar radiculopathy but her clinical symptoms supported lumbar radiculopathy. Dr. … With a review petition, the burden is on the claimant to establish the existence of additional compensable injuries. Cinram Manufacturing, Inc. v.

F.A. Investment Group Inc., F.A. Realty Investors Corp. and Information Mgmt. Group, Inc. v. City of Philadelphia

Commonwealth Court of Pennsylvania · May 4, 2017

complete our scheme of private ownership may be under our system of government, all property is held in subordination to the right of its reasonable regulation by the government clearly … Obedience to such regulation is not taking property without due process; that clause does not qualify the police power. (Citations omitted).

A. Tirado v. S.C.I. Houtzdale, Dr. M. Naji & Wellpath Med. Serv.

Commonwealth Court of Pennsylvania · Jul 16, 2024

It tests the legal sufficiency of the challenged pleadings and will be 3  sustained only in cases where the pleader has clearly failed … The Department has established an inmate grievance policy in its DC- ADM 804, Inmate Grievance System Procedures Manual (Grievance Manual)9 “designed to review and resolve any problems that an inmate experiences during his

A. Johnson v. PA Dep't of Corr., K.P. Reisinger

Commonwealth Court of Pennsylvania · Jun 2, 2020

It tests the legal sufficiency of the challenged pleadings and will be sustained only in cases where the pleader has clearly failed to state a claim for which relief can be granted. … in Dantzler, when I wrote: “The majority’s decision [in Dantzler] essentially gives the [DOC] license to operate as a Star Chamber of sorts, secure in the knowledge that its handling of misconduct matters is effectively immune

Com. of PA v. Central Penn Equity Trust

Commonwealth Court of Pennsylvania · Sep 6, 2023

the safety, health and welfare of its citizens, and to encourage [o]wners . . . of rental housing to improve and maintain the quality of such housing, it was necessary to establish … Clearly, Inspector/the City had the discretion to interpret the City Code in a manner that protects the Property’s habitability and the safety of the City’s residents.

Seneca Resources Corp. v. City of St. Marys ZHB

Commonwealth Court of Pennsylvania · Nov 30, 2021

Seneca asserts that because “the City cannot demonstrate that the Ordinance is clearly necessary to protect the health, safety, morals or welfare of the people, the [ZHB] erred in concluding that the Ordinance does not violate … The definitions “qualified” and “‘oil or gas operations” contained in Section 112; B.

PSP v. M. Tilton (WCAB)

Commonwealth Court of Pennsylvania · Jul 21, 2022

The claimant bears the burden of establishing the existence of additional, compensable injuries. Cinram Mfg., 975 A.2d at 582. … As that document acted to suspend Claimant’s WC benefits, it clearly affected Claimant’s substantive rights under the Act.

Beavex, Inc. v. WCAB (Ramirez)

Commonwealth Court of Pennsylvania · Apr 15, 2020

The hospital route, however, required Claimant first pass a qualifying test then receive specialized training, which Beavex provided at its office. Id. at 41a- 42a, 51a-52a. … Claimant’s work is clearly part of Beavex’s regular business.

PA 180 Kost Road LLC v. Silver Spring Twp. ZHB & Silver Spring Twp.

Commonwealth Court of Pennsylvania · Jun 29, 2026

Such expansion shall be calculated for land utilized by the use, such as parking areas, and floor area footprints of structures clearly accessory to the use. Id. … However, relying on Section 1406(A), this Court determined the restaurant and bar use qualified as a combined nonconforming use of land and structures.