The Pennsylvania Superior Court reversed an order from the Court of Common Pleas that granted the defendant's motion to dismiss the charges based on the Commonwealth's violation of Rule 600(c). The critical issue was the county's COVID-related judicial emergency declaration, which closed the courts and mandated that "any postponement caused by…
The Pennsylvania Superior Court reversed an order from the Court of Common Pleas that granted the defendant’s motion to dismiss the charges based on the Commonwealth’s violation of Rule 600(c). The critical issue was the county’s COVID-related judicial emergency declaration, which closed the courts and mandated that “any postponement caused by the judicial emergency shall be… Continue reading Commonwealth v. Carl
The Pennsylvania Commonwealth Court overruled preliminary objections while acting in its original jurisdiction in a matter involving the petitioner’s application for Pandemic Unemployment Assistance and/or to adjudicate the petitioner’s eligibility for regular unemployment compensation benefits under the Unemployment Compensation Law. The petitioner claimed that he left his job due to a heart condition and his… Continue reading Kaba v. Berrier
The Pennsylvania Superior Court held that the Pennsylvania Supreme Court’s orders that closed the courts due to COVID-19 did not suspend the plaintiffs’ right to collect delay damages. Here, in a personal injury case, a jury awarded the plaintiffs more than $2 million in damages. On appeal, the defendants claimed they should not owe delay… Continue reading Getting v. Mark Sales & Leasing, Inc.
The New Jersey Appellate Division ruled that the petitioner must return more than $5,000 because he was not eligible for the New Jersey unemployment benefits he received through the CARES Act. The record revealed that the petitioner voluntarily left his job for personal reasons. And he was not unemployed for reasons related to the pandemic… Continue reading Sullivan* v. Bd of Rev.
The New Jersey Appellate Division upheld Governor Murphy’s executive order requiring, among other things, that corrections officers – because of the nature of the facilities in which they work – present proof of vaccination by February 16, 2022, or face discipline, including the possibility of termination.
In a December 10, 2021, per curiam order, the Pennsylvania Supreme Court nullified Acting Secretary of Health Alison Beam’s regulation requiring individuals to wear facial coverings while inside Pennsylvania’s schools as a means of controlling the spread of COVID-19. Here, a unanimous Pennsylvania Supreme Court issued a full opinion explaining its reasoning. The Court held… Continue reading Corman v. Acting Sec’y of Penn. Dep’t of Health
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
A kickboxing gym sued the New Jersey governor claiming that it was owed compensation for lost revenue during the COVID-related shutdown mandated by the governor’s executive order. The plaintiff offered two bases for relief. First, it claimed that the governor exercised his power to “commandeer and utilize” its property under the Disaster Control Act. Second,… Continue reading JWC Fitness, LLC v. Murphy
In an opinion ripped from the headlines, the New Jersey Appellate Division dealt a decisive blow to anti-vaxxers. The Mayor of Newark issued an executive order mandating that all city employees receive Covid-19 vaccines. Any employee who failed to comply could be fired. The Newark Police Superior Officers’ Association and eight other unions filed unfair… Continue reading In re City of Newark
Barsky sells diamonds on Jeweler’s Row in Philadelphia and won an appeal in the Pennsylvania Commonwealth Court, too. Barsky Diamonds (“Employer”) employed Barsky (“Claimant”) until March 2020, when Governor Wolf mandated the closure of non-essential businesses because of the pandemic, which temporarily shuttered Employer. Claimant applied for and was granted unemployment compensation benefits. However, one… Continue reading Barsky v. Unemployment Comp. Bd. of Rev