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Weekly Caselaw Updates

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R.S. v. Hempfield Area Sch. Dist.

The Pennsylvania  Commonwealth Court reversed an order of the Court of Common Pleas that had granted a preliminary injunction to a student requiring a school to admit him to in-person education. The student was transferring from another school district where he had been charged with a weapons violation. Section 1317.2(a)…

R.S. v. Hempfield Area Sch. Dist.
Pennsylvania Commonwealth Court

The Pennsylvania  Commonwealth Court reversed an order of the Court of Common Pleas that had granted a preliminary injunction to a student requiring a school to admit him to in-person education. The student was transferring from another school district where he had been charged with a weapons violation. Section 1317.2(a) of the School Code provides… Continue reading R.S. v. Hempfield Area Sch. Dist.

Pearlstein v. Commonwealth
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court issued a critical opinion for attorneys who advise clients regarding real estate sales. The Court affirmed the Board of Finance and Revenue, which held that a partnership should be assessed Personal Income Tax from the net gains from like-kind exchanges of real property, commonly called “1031… Continue reading Pearlstein v. Commonwealth

Campbell v. Pa. Interscholastic Athletic Ass’n
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court considered Requester’s petitions for review of the Office of Open Records (OOR) Final Determination denying production of the records requested. There were six issues before the Court: (1) whether the OOR erred by finding that the Pennsylvania Interscholastic Athletic Association (PIAA) is subject to the Right-to-Know… Continue reading Campbell v. Pa. Interscholastic Athletic Ass’n

Propel Charter Sch. v. Sch. Dist. Pittsburgh
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court affirmed the denial of Propel Charter School’s application to operate a Multiple Charter School Organization (MCSO). The Court concluded that the State Charter School Appeal Board properly denied Propel’s appeal from a Hearing Officer’s decision granting the Pennsylvania Department of Education’s motion to supplement the record with Propel’s 2017-18 school performance… Continue reading Propel Charter Sch. v. Sch. Dist. Pittsburgh

Propel Charter Sch. v. Pa. Dep’t Educ.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court affirmed the denial of Propel Charter School’s application to operate a Multiple Charter School Organization (MCSO). The Court concluded that the State Charter School Appeal Board properly denied Propel’s appeal from a Hearing Officer’s decision granting the Pennsylvania Department of Education’s motion to supplement the record with Propel’s 2017-18 school performance… Continue reading Propel Charter Sch. v. Pa. Dep’t Educ.

Rodeheaver v. Bedford Court Common Pleas
Pennsylvania Commonwealth Court

An inmate filed a petition for review with the Pennsylvania Commonwealth Court, arguing that the Department of Corrections illegally seized more than $2,500 paid to the inmate from a retirement annuity plan under a qualified domestic relations order due to his mother’s death. At issue were the defendant’s preliminary objections. The inmate claimed that the… Continue reading Rodeheaver v. Bedford Court Common Pleas

Corman v. Acting Sec’y of the Pa. Dep’t of Health
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court voided the state’s Masking Order, which “imposed an open-ended general masking requirement on all teachers, students, school staff, and visitors within Pennsylvania’s schools, regardless of vaccination status”. The issue before an en banc panel of the Court was whether the Masking Order represented a rule or regulation subject to the formal… Continue reading Corman v. Acting Sec’y of the Pa. Dep’t of Health

Pa. Dep’t of Corr. v. Faison
Pennsylvania Commonwealth Court

A Workers’ Compensation Judge was placed in the unusual position of having to make a factual determination as to whether a corrections officer raped another corrections officer in the prison’s break room. The claimant brought her allegations to the state police, but the police declined to press criminal charges after an investigation. As a result, there… Continue reading Pa. Dep’t of Corr. v. Faison

Fraternal Order of Police Lodge No. 5 v. City of Philadelphia
Pennsylvania Commonwealth Court

The Philadelphia District Attorney’s Office has maintained a Do Not Call List of police officers who the Office will not call as witnesses because they have prior allegations of misconduct. That list was made public. The FOP and several officers filed a complaint seeking injunctive and declaratory relief, alleging that the Office did not notify… Continue reading Fraternal Order of Police Lodge No. 5 v. City of Philadelphia

Hibbler v. Pa. Parole Bd.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court ruled that the petitioner was not entitled to “double counting” of the time he spent in pre-trial custody on both a parole violation detainer and an open charge. The Court held that the time was credited correctly toward the sentence on the new charge, not the parole time. Furthermore, the Court… Continue reading Hibbler v. Pa. Parole Bd.