Opinion

A. Scott Enterprises v. City of Allentown, Aplt.

  • 636 Pa. 249
  • 142 A.3d 779
  • 2016 Pa. LEXIS 1503
Court
Supreme Court of Pennsylvania
Filed
Jul 19, 2016
Status
Published
Author
Wecht
On the bench
Saylor, Baer, Todd, Donohue, Dougherty, Wecht
Cited by
30 cases

noting that “ ‘may’ can mean the same as ‘shall’ where a statute directs the doing of a thing for the sake of justice,” but holding that the statute’s plain language indicated it was used permissively in that case

How later courts described this case

  • noting that “ ‘may’ can mean the same as ‘shall’ where a statute directs the doing of a thing for the sake of justice,” but holding that the statute’s plain language indicated it was used permissively in that case
  • reversing this Court’s holding that “Section 3935 of the Procurement Code requires the imposition of attorne[y] fees and the statutory penalty upon a [factfinder’s] finding of bad faith”
  • "Although 'may' can mean the same as 'shall' where a statute directs the doing of a thing for the sake of justice, it ordinarily is employed in the permissive sense."

Written by the judges who cited it.

The opinion

Justice WECHT,

concurring.

I join the learned Majority’s opinion in full, writing only to emphasize that we granted allocatur on one issue: whether a jury finding of bad faith requires the trial court to impose a statutory penalty and award attorney fees under 62 Pa.C.S. § 3935. We denied allocatur as to all other issues, including the issue raised by the dissent. Consequently, whether the bad faith question should be submitted to the jury or, in the *270 alternative, decided by the judge, is not before the Court. The parties have not fully briefed the issue, nor has it been preserved for our review. Accordingly, I do not read the majority to endorse or disapprove of the submission of the bad faith question to the jury in this specific instance or in future cases.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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