Pennsylvania Commonwealth Court

Civil Forfeiture Claimants Entitled to Notice of Right to Counsel

Although civil forfeiture claimants are not entitled to court-appointed counsel, they must be notified of their right to obtain counsel, the Pennsylvania Commonwealth Court held in Com. v. Real Property and Improvements at 2338 N. Beechwood St.

By | April 6th, 2016|Categories: Constitutional Law, Criminal Law|Tags: , , , , , , , , , , , , , , , |Comments Off on Civil Forfeiture Claimants Entitled to Notice of Right to Counsel

Civil Service Applicant’s Attendance at West Point Constituted “Active Duty” Service for Veteran’s Preference

An applicant for civil service employment who attended but did not graduate from a military academy still qualified for a veteran’s preference, the Pennsylvania Commonwealth Court held in Blake v. State Civil Service Commission.

By | March 9th, 2016|Categories: Employment Law|Tags: , , , , , , , , , , , , , , |Comments Off on Civil Service Applicant’s Attendance at West Point Constituted “Active Duty” Service for Veteran’s Preference

Alumnae Lack Standing to Challenge College’s Move to Fully Coeducational Program

Four alumnae of Wilson College lacked standing to challenge the college’s adoption of a fully coeducational program, the Pennsylvania Commonwealth Court decided in Tishok v. Dept. of Education.

By | February 18th, 2016|Categories: Administrative Law, School Law|Tags: , , , , , , , , , , , , , , |Comments Off on Alumnae Lack Standing to Challenge College’s Move to Fully Coeducational Program

PennDOT can Proceed with Condemnation under Reauthorized Acquisition Plan

The Eminent Domain Code does not prohibit PennDOT from revising or reauthorizing a land acquisition plan in order to extend the time for filing its declaration of taking, the Pennsylvania Commonwealth Court held in In Re: Condemnation by Com., Dept. of Transp. .

By | February 10th, 2016|Categories: Administrative Law, Real Property|Tags: , , , , , , , , , , , , , , |Comments Off on PennDOT can Proceed with Condemnation under Reauthorized Acquisition Plan

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

Suspended Attorney can Represent Party in Unemployment Hearing

An attorney suspended from the practice of law could serve as the claimant’s representative at an unemployment referee’s hearing, the Pennsylvania Commonwealth Court decided in Powell v. Unemployment Compensation Bd. of Review

Commonwealth Court Orders Retirement Board to Reinstate Jerry Sandusky’s State Pension

Because Jerry Sandusky was not an employee of Penn State University (PSU) when he committed the criminal acts for which he was convicted, the State Employees’ Retirement Board (Board) cannot forfeit his state pension, an en banc panel of the Commonwealth Court has held in Sandusky v. Pennsylvania State Employees’ Retirement Bd.

By | November 13th, 2015|Categories: Administrative Law|Tags: , , , , , , , , , , |Comments Off on Commonwealth Court Orders Retirement Board to Reinstate Jerry Sandusky’s State Pension

Commonwealth Court Rejects “Forfeiture Entrapment” Defense

Using one’s vehicle as collateral in a drug deal at the insistence of law enforcement does not give rise to an entrapment defense to forfeiture of the vehicle, the Pennsylvania Commonwealth Court held in Com. v. Black 2009 Ford Mustang.

By | November 2nd, 2015|Categories: Administrative Law, Constitutional Law|Tags: , , , , , , , |Comments Off on Commonwealth Court Rejects “Forfeiture Entrapment” Defense

Franchisor is not Statutory Employer of Franchisee’s Employees under Workers’ Compensation Act

A restaurant franchisor was not liable as a “statutory employer” under the Workers’ Compensation Act for injuries sustained by an employee of its franchisee, the Pennsylvania Commonwealth Court ruled in Saladworks, LLC v. WCAB (Gaudioso and UEGF).

By | October 28th, 2015|Categories: Workers' Compensation|Tags: , , , , , , |Comments Off on Franchisor is not Statutory Employer of Franchisee’s Employees under Workers’ Compensation Act

Workers’ Compensation Act’s Adoption of AMA Guides Ruled Unconstitutional

A section of the Workers’ Compensation Act requiring impairment ratings to be determined under current American Medical Association (AMA) guidelines is an unconstitutional delegation of legislative authority, a divided en banc Pennsylvania Commonwealth Court panel held in Protz v. Workers’ Comp. Appeal Bd. (Derry Area Sch. Dist.).

By | October 12th, 2015|Categories: Workers' Compensation|Tags: , , , , , , , , , , |Comments Off on Workers’ Compensation Act’s Adoption of AMA Guides Ruled Unconstitutional