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Weekly Caselaw Updates

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In re Penn Treaty Network America Ins. Co.

An en banc panel of the Pennsylvania Commonwealth Court overruled exceptions filed by a statutory liquidator to a ruling by a three-judge panel of the same court during the course of the ongoing liquidation of a long-term care insurer. The liquidator had applied for a declaration that she is authorized under…

In re Penn Treaty Network America Ins. Co.
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court overruled exceptions filed by a statutory liquidator to a ruling by a three-judge panel of the same court during the course of the ongoing liquidation of a long-term care insurer. The liquidator had applied for a declaration that she is authorized under Article V of The Insurance… Continue reading In re Penn Treaty Network America Ins. Co.

Ferguson v. PENNDOT
Pennsylvania Commonwealth Court

This case presented the Pennsylvania Commonwealth Court with an issue of first impression: Whether the decision in Chichkin affects the civil suspension of driving privileges for second-time DUI offenders when the first DUI offense is disposed of before sentencing by ARD. An en banc panel of the Commonwealth Court affirmed the Pa. Department of Transportation’s… Continue reading Ferguson v. PENNDOT

Altoona First Saving Bank v. Twp. of Logan
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court vacated an order of the Court of Common Pleas which had grated partial summary judgement in favor of Altoona First Savings Bank in the bank’s declaratory judgment action against a municipality and real estate developers. The trial court concluded the bank was not obligated to complete… Continue reading Altoona First Saving Bank v. Twp. of Logan

Kolenich v. Unemployment Comp. Bd. of Rev.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reversed an order of the Unemployment Compensation Board of Review that denied the claimant’s request for unemployment compensation. After two of his three part-time university employers terminated his employment, the claimant sought unemployment. In calculating the unemployment compensation he was entitled to, the claimant argued that only his wages from the… Continue reading Kolenich v. Unemployment Comp. Bd. of Rev.

Pritchett v. PENNDOT
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court reversed the trial court’s order, which sustained Licensee’s appeal from PENNDOT’s 12-month suspension of his driving privileges. The Court held that a trooper had reasonable grounds to believe that Licensee was driving under the influence of marijuana because Licensee’s car smelled like marijuana, Licensee told the trooper that he had recently… Continue reading Pritchett v. PENNDOT

Commonwealth v. Moore
Pennsylvania Commonwealth Court

Who knew dogs could lead to so much litigation? In the latest installment of Dog Law, the Pennsylvania Commonwealth Court vacated the defendant’s conviction for violating the law relating to confinement and control of dogs. The defendant was charged with violating Section 502-A(a) of the Dog Law (relating to summary offense of harboring a dangerous… Continue reading Commonwealth v. Moore

Wright v. Town of McCandless Zoning Hearing Bd.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court vacated the trial court’s order, which granted a motion to quash. The trial court concluded that Wright lacked standing to appeal the Town of McCandless Zoning Hearing Board’s (ZHB) approval of two-dimensional variances. On appeal, Wright argued that she had standing to appeal in the lower court because she was a… Continue reading Wright v. Town of McCandless Zoning Hearing Bd.

Sherwood v. Pa. Dept. of Corr.
Pennsylvania Commonwealth Court

Sherwood challenged the deductions from his inmate account for alleged outstanding fines, costs, fees, and restitution on the basis that the deductions were contrary to the various sentencing court orders in his criminal matters, were not authorized under law, and/or violated his rights under several provisions of the United States and Pennsylvania Constitutions. Respondents filed… Continue reading Sherwood v. Pa. Dept. of Corr.

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

The Pennsylvania  Commonwealth Court reversed an order of the Court of Common Pleas that 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 that… 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