Legal Opinion
Bayada Nurses, Inc. v. Commonwealth, Department of Labor & Industry
Commonwealth Court of Pennsylvania
Decided September 4, 2008No. 477 M.D. 2007PublishedCited by 20 opinions
1Opinion of the Court
OPINION BY
Judge SMITH-RIBNER.
Before the Court are the preliminary objections in the nature of a demurrer filed by the Department of Labor and Industry (Department) to a petition for review filed by Bayada Nurses, Inc. (Baya-da) in the original jurisdiction of this Court seeking relief in the nature of a declaratory judgment. Bayada filed its pre-en-forcement regulatory challenge to the validity of the Department’s regulation at 34 Pa.Code § 231.1(b) (adopted in 1977), which, according to Bayada, improperly limits the Department’s application of the “domestic services” exemption set forth in…
2Cases cited27 opinions
- Auer v. RobbinsSupreme Court of the United States · 1997
- Long Island Care at Home, Ltd. v. CokeSupreme Court of the United States · 2007
- Kmonk-Sullivan v. State Farm Mutual Automobile InsuranceSupreme Court of Pennsylvania · 2001
- Commonwealth v. McClinticSupreme Court of Pennsylvania · 2006
- Housing Authority of Chester v. Pennsylvania State Civil Service CommissionSupreme Court of Pennsylvania · 1999
22 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Smith Ex Rel. Smith Butz, LLC v. Pennsylvania Department of Environmental ProtectionCommonwealth Court of Pennsylvania · 2017
- West Penn Allegheny Health System v. Medical Care Availability & Reduction of Error FundCommonwealth Court of Pennsylvania · 2010
- The Marcellus Shale Coalition v. DEP of PA and Environmental Quality Board of PACommonwealth Court of Pennsylvania · 2018
- McWreath v. Department of Public WelfareCommonwealth Court of Pennsylvania · 2011
- Marshall v. CommonwealthCommonwealth Court of Pennsylvania · 2012
15 more not listed; retrieve them via the Exa API.