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Weekly Caselaw Updates

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Lorino v. Workers' Comp. Appeal Bd.

The Pennsylvania Supreme Court held that the Commonwealth Court misconstrued Section 440 of the Workers’ Compensation Act in precluding an award of attorney’s fees to a claimant when an employer had established a reasonable basis for seeking a termination of benefits. Based on the meaning of the terms “shall” and…

Lorino v. Workers’ Comp. Appeal Bd.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court held that the Commonwealth Court misconstrued Section 440 of the Workers’ Compensation Act in precluding an award of attorney’s fees to a claimant when an employer had established a reasonable basis for seeking a termination of benefits. Based on the meaning of the terms “shall” and “may,” under Section 440, when… Continue reading Lorino v. Workers’ Comp. Appeal Bd.

Hughes v. UGI Storage Co.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court interpreted the Eminent Domain Code in these consolidated appeals. The Court held “that a public or quasi-public entity need not possess a property-specific power of eminent domain in order to implicate inverse condemnation principles”. The facts and procedural history spanned 19 of the opinion’s 26 pages. After interpreting the Eminent Domain… Continue reading Hughes v. UGI Storage Co.

G.C. v. Div. of Med. Assistance and Health Servs.
New Jersey Supreme Court

The New Jersey Supreme Court ruled that N.J.A.C. 10:72-4.4(d)(1), which implements New Jersey’s 1987 expansion of its Medicaid program, is inconsistent with the language and intent of the enabling state and federal legislative amendments that authorized the expansion, N.J.S.A. 30:4D-3(i)(11) and 42 U.S.C. § 1396a.

Greenwood Gaming & Entm’t v. Comonwealth
Pennsylvania Supreme Court

Place your bets! The Pennsylvania Supreme Court held that concert tickets, which a casino distributed to its patrons for playing table games and slot machines at its facility, are not “services” for purposes of calculating the casino’s taxable revenues generated by those games and machines under Section 1103 of the Gaming Act. Thus, they were… Continue reading Greenwood Gaming & Entm’t v. Comonwealth

State v. Scudieri
New Jersey Appellate Division

The New Jersey Appellate Division affirmed the defendant’s sentence for DUI, holding that the newly-amended statute did not apply. The defendant committed the offense before the new law’s enactment but was sentenced afterward. He challenged his sentence, contending that the trial court committed error when it did not apply the new refusal statute, which was… Continue reading State v. Scudieri

Franks v. State Farm Mut. Auto. Ins. Co.
Pennsylvania Superior Court

This case presented the Pennsylvania Superior Court with a matter of first impression: Whether the removal of a vehicle from an auto insurance policy providing non-stacked UIM coverage for three vehicles constituted the “purchase” of coverage as contemplated by section 1738(c) of the Motor Vehicle Financial Responsibility Laws (MVFRL), such that the insured must be… Continue reading Franks v. State Farm Mut. Auto. Ins. Co.

United Blower, Inc. v. Lycoming Cnty. Water & Sewer Auth.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court reversed the Commonwealth Court’s determination of the cost of steel products under the Steel Products Procurement Act. The Steel Act embodies “the policy of the Commonwealth of Pennsylvania that all public officers and agencies should, at all times, aid and promote the development of the steel industry of the United States… Continue reading United Blower, Inc. v. Lycoming Cnty. Water & Sewer Auth.

Mohn v. Bucks Co. Republican Comm.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court decided courts should stay out of this fray amongst local Republican party members. Appellant was a Republican committeeperson of Appellee, the Bucks County Republican Committee. After his election, the acting chairman of Appellee’s Ethics Committee sent a letter to Appellant advising him that two people had lodged complaints against him. The… Continue reading Mohn v. Bucks Co. Republican Comm.

The Pennsylvania Supreme Court held that a petition seeking a protective order under the Protection of Victims of Sexual Violence or Intimidation Act (“PVSVIA”) is subject to a six-year statute of limitations. K.N.B. petitioned the trial court for a Sexual Violence Protective Order (“SVPO”) under the PVSVIA. The legislature enacted the PVSVIA to give victims… Continue reading K.N.B. v. M.B.

Rausch Creek Off-Road Park, LLC v. Tremont Twp.
Pennsylvania Commonwealth Court

How much can the government tax amusement? According to the Pennsylvania Commonwealth Court: As much as it wants to. Well, perhaps not quite that extreme. But the Court ruled that a municipality may tax an amusement park more than 5% under 53 Pa.C.S. § 8402(c)(2) as long as the tax rate is equal to or… Continue reading Rausch Creek Off-Road Park, LLC v. Tremont Twp.