Pennsylvania Commonwealth Court

SEPTA not Subject to Local Anti-Discrimination Ordinances

The Southeastern Pennsylvania Transportation Authority (SEPTA) is not subject to local anti-discrimination ordinances such as the Philadelphia Fair Practices Ordinance, an en banc Commonwealth Court panel ruled in SEPTA v. City of Philadelphia

City Council’s Failure to Enact Legislation Cannot Support De Facto Taking Claim

A developer could not claim it was deprived of the use and enjoyment of its land after Philadelphia City Council failed to enact legislation necessary for its development plans, an en banc Pennsylvania Commonwealth Court panel decided in Parker Ave., L.P. v. City of Philadelphia

By | 2017-05-19T22:51:27+00:00 August 19th, 2015|Categories: Municipal Law, Real Property|Tags: , , , , , |Comments Off on City Council’s Failure to Enact Legislation Cannot Support De Facto Taking Claim

Employee Injured While Aiding Person in Distress at Job Site Entitled to Workers’ Compensation Benefits

An employee who was injured while attempting to rescue a person in distress at his employer’s job site was acting within the course and scope of his employment and, therefore, entitled to workers’ compensation, the Commonwealth Court held in Pipeline Systems, Inc. v. WCAB (Pounds)

By | 2017-05-19T22:51:27+00:00 July 30th, 2015|Categories: Workers' Compensation|Tags: , , , , , , , |Comments Off on Employee Injured While Aiding Person in Distress at Job Site Entitled to Workers’ Compensation Benefits

Impairment Rating Evaluation not Invalidated by Subsequent Finding of Additional Work-Related Injuries

Does an impairment rating evaluation (IRE), which addresses injuries identified as compensable when the IRE was performed, become invalid if it is subsequently determined, during a claimant’s challenge to the IRE filed within the 60-day appeal period, that the claimant sustained additional work-related injuries?

By | 2015-07-27T14:38:55+00:00 July 28th, 2015|Categories: Workers' Compensation|Tags: , , , , , |Comments Off on Impairment Rating Evaluation not Invalidated by Subsequent Finding of Additional Work-Related Injuries

Law Expanding Challenges to Municipal Firearm Legislation Declared Unconstitutional

Act 192 of 2014, which allows a broad class of individuals and organizations to challenge municipal firearm legislation and recover their attorney fees, is unconstitutional and void, an en banc panel of the Commonwealth Court has ruled in Leach v. Turzai, __ A.3d __ (No. 585 MD 2014, filed June 25, 2015).

By | 2017-05-19T22:51:28+00:00 June 25th, 2015|Categories: Constitutional Law, Municipal Law|Tags: , , , , , , , , |Comments Off on Law Expanding Challenges to Municipal Firearm Legislation Declared Unconstitutional

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 | 2015-06-10T14:24:30+00:00 June 18th, 2015|Categories: Government Law, Municipal Law|Tags: , , , , , , , , , |Comments Off on Tax Assessment Day Rule is Alive and Well in Second Class Counties

Dog Owners have Standing to Challenge Regulations as Conflicting with Dog Law

Pennsylvania dog owners can proceed with their action seeking a declaration that regulations promulgated by the Department of Agriculture conflict with the Dog Law, 3 P.S. §§ 459-101 – 459-1205, the Commonwealth Court ruled in Keith v. Department of Agriculture

By | 2015-06-10T14:23:59+00:00 June 17th, 2015|Categories: Administrative Law|Tags: , , , , , , |Comments Off on Dog Owners have Standing to Challenge Regulations as Conflicting with Dog Law

Parole Board Retained Jurisdiction to Recommit Delinquent Parolee after his Sentence Expired

The Pennsylvania Board of Probation and Parole was not divested of jurisdiction to recommit a convicted parole violator when it failed to declare the parolee delinquent before the expiration of his original sentence, the Commonwealth Court held in Price v. Pennsylvania Board of Probation and Parole

By | 2015-06-10T14:23:19+00:00 June 16th, 2015|Categories: Administrative Law, Criminal Law|Tags: , , , , , , |Comments Off on Parole Board Retained Jurisdiction to Recommit Delinquent Parolee after his Sentence Expired

Governor Exceeded his Authority in Removing Open Records Director

The Executive Director of the Office of Open Records (OOR) is independent from the executive branch and insulated from the Governor’s constitutional power to remove appointees at-will, a split en banc panel of the Commonwealth Court held in Arneson v. Wolf