BAYADA NURSES, INC. v. COM., DEPT. OF LABOR AND INDUSTRY

No. 477 M.D. 2007.

958 A.2d 1050 (2008)

BAYADA NURSES, INC., Petitioner v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF LABOR AND INDUSTRY, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 4, 2008.


Attorney(s) appearing for the Case

Thomas G. Collins, Harrisburg, for petitioner.

Kathryn J. McDermott, Asst. Counsel, Harrisburg, for respondent.

Irwin Aronson, Philadelphia, for amicus curiae, PA AFL-CIO.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and FRIEDMAN, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge.


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. (Bayada) in the original jurisdiction of this Court seeking relief in the nature of a declaratory judgment. Bayada filed its pre-enforcement regulatory challenge to the validity of the Department's regulation at 34 Pa.Code § 231.1(b) (adopted...

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