Government Law

Legislators Lack Standing to Intervene in Legal Challenge to Executive Order

State legislators lack standing to intervene in a challenge to an executive order concerning workers who provide in-home medical and personal care, the Pennsylvania Supreme Court held in Markham v. Wolf.

By | April 26th, 2016|Categories: Constitutional Law, Government Law|Tags: , , , , , , , , , , , , , , |Comments Off on Legislators Lack Standing to Intervene in Legal Challenge to Executive Order

Supreme Court Rejects Stale Constitutional Process Challenge to Wrongful Birth Statute

The passage of 22 years precluded a process challenge to an act containing provisions that barred causes of action for wrongful birth, the Pennsylvania Supreme Court held in Sernovitz v. Dershaw

By | December 8th, 2015|Categories: Constitutional Law, Government Law|Tags: , , , , , , , , , , |Comments Off on Supreme Court Rejects Stale Constitutional Process Challenge to Wrongful Birth Statute

Attorney General not Required to Disclose Pornographic Emails

The Right-to-Know Law does not compel Attorney General Kathleen Kane to disclose pornographic emails sent or received by OAG employees using their work accounts, the Pennsylvania Commonwealth Court ruled in Pennsylvania Office of Attorney General v. Philadelphia Inquirer

By | December 7th, 2015|Categories: Administrative Law, Government Law|Tags: , , , , , , , , , |Comments Off on Attorney General not Required to Disclose Pornographic Emails

Pennsylvania Supreme Court Revives Whistleblower Action against Turnpike Commission

A former employee of the Pennsylvania Turnpike Commission may proceed with his complaint alleging violations of the Whistleblower Law, the Pennsylvania Supreme Court ruled in Bailets v. Pennsylvania Turnpike Commission

By | September 16th, 2015|Categories: Employment Law, Government Law, Labor Law|Tags: , , , , , , , , |Comments Off on Pennsylvania Supreme Court Revives Whistleblower Action against Turnpike Commission

Contractor and Subcontractor Payment Act Not Applicable to Government Construction Projects

Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA), 73 P.S. §§501-516, does not apply to a construction project where the owner is a governmental entity, the Pennsylvania Supreme Court decided in Clipper Pipe & Service, Inc. v. Ohio Cas. Ins. Co.

By | June 30th, 2015|Categories: Government Law, Municipal Law|Tags: , , , , , , , |Comments Off on Contractor and Subcontractor Payment Act Not Applicable to Government Construction Projects

Injured Bus Passenger Barred from Suing SEPTA under “Jerk and Jolt” Doctrine

A SEPTA bus passenger who was injured after being thrown from her seat could not sue SEPTA for damages because the bus’s movement was not unusual or extraordinary, the Commonwealth Court ruled in Bost-Pearson v. SEPTA.

Tax Assessment Day Rule is Alive and Well in Second Class Counties

The taxable status of a property in a Second Class County is fixed as of the date designated by law as assessment day, not the date of a change in ownership, the Commonwealth Court held in Global Links v. Keystone Oaks School District

By | June 18th, 2015|Categories: Government Law, Municipal Law|Tags: , , , , , , , , , |Comments Off on Tax Assessment Day Rule is Alive and Well in Second Class Counties

Township’s Former Treasurer can Appeal Audit

The treasurer of a second class township has standing to file a statutory appeal of an annual audit after she leaves office, the Commonwealth Court held in In re Appeal of 2012 Financial Audit for Greene Township.

By | May 6th, 2015|Categories: Government Law, Municipal Law|Tags: , , , , , , |Comments Off on Township’s Former Treasurer can Appeal Audit

Mortgagee Had No Right to Redeem Vacant Property after Tax Sale

A mortgagee could not redeem unoccupied vacated property after the sheriff’s deed was acknowledged in a tax sale, the Commonwealth Court ruled in Brentwood Borough School District v. HSBC Bank USA, N.A.

By | April 23rd, 2015|Categories: Government Law, Municipal Law, Real Property|Tags: , , , , , , |Comments Off on Mortgagee Had No Right to Redeem Vacant Property after Tax Sale

Ordinance Prohibiting Threatening a Police Officer Not Unconstitutionally Vague

An ordinance prohibiting a person from threatening a police officer in the exercise of her official duties is not unconstitutionally vague, the Commonwealth Court held in Commonwealth v. Thompson.

By | April 6th, 2015|Categories: Government Law, Municipal Law|Tags: , , |Comments Off on Ordinance Prohibiting Threatening a Police Officer Not Unconstitutionally Vague