McDonough v. Unemployment Bd.

18 Citing cases

  1. Miller v. Unemployment Comp. Bd. of Review

    No. 2165 C.D. 2012 (Pa. Cmmw. Ct. Jun. 5, 2013)

    Neither of the issues presented to this Court was raised before the Board, and, thus, both are waived on appeal. Similarly, issues raised in a petition for review but not addressed in an appellate brief are waived, and issues argued in a brief but not raised in a petition for review or fairly comprised therein are waived. McDonough v. Unemployment Compensation Board of Review, 670 A.2d 749 (Pa. Cmwlth. 1996) (holding that an issue set forth in the claimant's petition for review but not addressed in his brief was waived, and, relying on Pa.R.A.P. 1513, declining to consider an issue argued in the claimant's brief that was not raised in his petition for review). Therefore, even if Claimant had raised these issues before the Board, we would decline review.

  2. Jimoh v. Unemployment Comp. Bd. of Review

    902 A.2d 608 (Pa. Cmmw. Ct. 2006)   Cited 53 times
    Holding that an issue not raised in the stated objections in the petition for review nor "fairly comprised therein" is waived and will not be addressed by this Court.

    Rule 1513(d) requires that a Petition for Review contain a general statement of objections, and provides that the statement of objections "will be deemed to include every subsidiary question fairly comprised therein." Mostatab v. State. Bd. of Dentistry, 881 A.2d 1271, 1273 (Pa.Cmwlth. 2005) (quoting Pa. R.A.P. 1513(d)); see also, McDonough v. Unemployment Comp. Bd. of Review, 670 A.2d 749 (Pa.Cmwlth. 1996). Additionally, when a party appeals, but fails to address an issue in the brief, the issue is waived.

  3. HPM Consulting v. Unemployment Comp. Bd. of Review

    185 A.3d 1190 (Pa. Cmmw. Ct. 2018)   Cited 7 times

    [W]hen a party appeals, but fails to address an issue in the brief, the issue is waived. McDonough [v. Unemployment Comp. Bd. of Review, 670 A.2d 749 (Pa. Cmwlth. 1996) ]. This Court, in McDonough, held that an issue raised in the Petition for Review but not addressed in the petitioner's brief on appeal, was waived [.]

  4. Scott v. Zoning Bd. of Adjustment

    No. 358 C.D. 2015 (Pa. Cmmw. Ct. Apr. 13, 2017)

    As a result, any arguments relative to such evidence/documentation are deemed waived. See Pa. R.A.P. 1925(b)(4)(vii) ("Issues not included in the [1925(b)] Statement . . . are waived."); McDonough v. Unemployment Comp. Bd. of Review, 670 A.2d 749, 750 (Pa. Cmwlth. 1996) (holding that issue not raised in brief on appeal is waived). Scott also raised in his Motion that despite the requirement set forth in Section 14303(1)(c) of the Zoning Code that an equitable owner have written documentation of such equitable ownership, no written agreement evidencing that Baird and/or Moyer were the equitable owners of the Property was submitted into evidence at the ZBA hearing.

  5. McCord v. Unemployment Comp. Bd. of Review

    No. 722 C.D. 2015 (Pa. Cmmw. Ct. Dec. 30, 2015)

    his failure to address the issue in his brief leads to our conclusion that the issue has been abandoned and therefore waived. See Jimoh v. Unemployment Comp. Bd. of Review, 902 A.2d 608 (Pa.Cmwlth.2006); McDonough v. Unemployment Comp. Bd. of Review, 670 A.2d 749 (Pa.Cmwlth.1996); Tyler v. Unemployment Comp. Bd. of Review, . . . 591 A.2d 1164 ([Pa.Cmwlth.]1991) (Issues raised but not briefed are waived).

  6. Arthur v. Pa. Bd. of Prob. & Parole

    No. 1835 C.D. 2014 (Pa. Cmmw. Ct. Dec. 23, 2015)

    Further, Arthur argued to the Board and referenced in his petition for review his loss of the supervision fees he remitted to the Board during his forfeited parole, but failed to raise that issue in his brief. See Certified Record at 106107; see also Pet. for Review at 5. "This Court, in McDonough [v. Unemployment Comp. Bd. of Review, 670 A.2d 749 (Pa. Cmwlth. 1996)] held that an issue raised in the [p]etition for [r]eview but not addressed in the petitioner's brief on appeal, was waived[.]" Jimoh v. Unemployment Comp. Bd. of Review, 902 A.2d 608, 611 (Pa. Cmwlth. 2006).

  7. Morgan v. Unemployment Comp. Bd. of Review

    108 A.3d 181 (Pa. Cmmw. Ct. 2015)

    ” Id. Thus, this Court consistently held that “[i]ssues not raised in the petition for review before this court but raised in the petitioner's brief [were] ... waived.” Grever v. Unemployment Compensation Board of Review, 989 A.2d 400, 402 (Pa.Cmwlth.2010); see also McDonough v. Unemployment Compensation Board of Review, 670 A.2d 749, 750 (Pa.Cmwlth.1996) (where an issue argued in a “[c]laimant's brief on appeal [is] not raised in his petition for review .... we decline consideration of [the] issue”). Effective January 1, 2015, Rule 1513(d) was amended by the Supreme Court and now states that a petition for review must contain “a general statement of the objections to the order or other determination, but the omission of an issue from the statement shall not be the basis for a finding of waiver if the court is able to address the issue based on the certified record.”

  8. Coulter v. Dep't of Pub. Welfare

    No. 419 C.D. 2012 (Pa. Cmmw. Ct. Jan. 12, 2015)

    Likewise, any issue raised in a petition for review but not addressed in the brief on appeal is waived. McDonough v. Unemployment Compensation Board of Review, 670 A.2d 749, 750 (Pa. Cmwlth. 1996). In this case, the arguments presented in Requester's brief concern whether the actions of the secretary of DPW abrogated the noncriminal investigation exemption under section 708(b)(17) of the RTKL and whether DPW must redact non-public information from the requested records before public disclosure.

  9. Morgan v. Unemployment Comp. Bd. of Review

    108 A.3d 181 (Pa. Cmmw. Ct. 2014)

    ” Id. Thus, this Court consistently held that “[i]ssues not raised in the petition for review before this court but raised in the petitioner's brief [were] ... waived.” Grever v. Unemployment Compensation Board of Review, 989 A.2d 400, 402 (Pa.Cmwlth.2010); see also McDonough v. Unemployment Compensation Board of Review, 670 A.2d 749, 750 (Pa.Cmwlth.1996) (where an issue argued in a “[c]laimant's brief on appeal [is] not raised in his petition for review .... we decline consideration of [the] issue”). Effective January 1, 2015, Rule 1513(d) was amended by the Supreme Court and now states that a petition for review must contain “a general statement of the objections to the order or other determination, but the omission of an issue from the statement shall not be the basis for a finding of waiver if the court is able to address the issue based on the certified record.”

  10. Johns v. Unemployment Comp. Bd. of Review

    87 A.3d 1006 (Pa. Cmmw. Ct. 2014)   Cited 207 times
    Affirming denial of UC benefits based on violation of work rule

    For these reasons as well, he waived these arguments. See McDonough v. Unemployment Comp. Bd. of Review, 670 A.2d 749 (Pa.Cmwlth.1996). III.