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

> Supreme Court of Pennsylvania · July 19, 2016 · 636 Pa. 249

URL: https://www.frixlaw.com/law-library/cases/9834975

## Case

- **Full name:** A. SCOTT ENTERPRISES, INC., Appellee v. CITY OF ALLENTOWN, Appellant; A. Scott Enterprises, Inc., Appellee v. City of Allentown, Appellant
- **Court:** Supreme Court of Pennsylvania
- **Decided:** July 19, 2016
- **Citations:** 636 Pa. 249; 142 A.3d 779; 2016 Pa. LEXIS 1503
- **Precedential status:** Published
- **Opinion:** Concurrence by Wecht
- **Judges:** Saylor, Baer, Todd, Donohue, Dougherty, Wecht
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9834975

## How later opinions describe it (automated extraction)

- 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
- 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”

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9834975. Public record. Not legal advice.