Case law

Jones v. Holes

334 Pa. 538 · Supreme Court of Pennsylvania · May 8, 1939

Fewer teachers were required in them, and new teachers were needed in the commercial department, but appellant could not qualify. … To avoid this risk, they must forever continue only those *542 courses in which their preseut staff is qualified. What we said in Ehret v.

KOTWASINSKI v. RASNER

436 Pa. 32 · Supreme Court of Pennsylvania · Nov 11, 1969

Bradstreet, supra, p. 169 ); (4) the burden to establish immunity from liability is upon the party who asserts such immunity (Dilks v. Flohr Chevrolet, supra, p. 436 ).” … The import of the clause is therefore clearly different in the two situations. 2 Interpreting this rather imprecise statement on behalf of appellants in the way most favorable to them, it would appear to mean that Lanard

City of Pittsburgh v. Commonwealth

468 Pa. 174 · Supreme Court of Pennsylvania · Jul 6, 1976

There is no indication in that Act that the Legislature intended the Bureau of Correction to be immune from local zoning regulations. 7 Although the Act gives general au *184 thorization for the establishment of such centers … Other courts have found immunity from local zoning regulations when the public entity seeking the immunity is acting in a “governmental” rather than a “proprietary” capacity.

Homestead Borough v. Defense Plant Corp.

356 Pa. 500 · Supreme Court of Pennsylvania · Jan 6, 1947

Where such immunity does exist, it exists because of a clearly expressed legislative intent to that effect. “The government does not become the conduit of its immunity . . . … a governmental instrumentality thus clearly established, the appellants obviously failed to meet the consequent burden of showing that the Plant’s property in the instant case bore a status aldn to property owned by the United

Housing Authority of Chester v. Pennsylvania State Civil Service Commission

556 Pa. 621 · Supreme Court of Pennsylvania · Apr 30, 1999

The establishment of conditions of service which will attract to the service of the Commonwealth qualified persons of character and ability and their appointment and promotion on the basis of merit and fitness are means to … Thus, the Commission is charged with promulgating rules and regulations to effectuate the purpose of the act, and the purpose of the Act, inter alia, is to establish conditions by which qualified persons of character and

Log Cabin Property, LP v. PA LCB, Aplt.

Supreme Court of Pennsylvania · Jul 2, 2024

Establishment of taxable costs (a) Standards for costs. … As established above, mandamus damages were never barred by sovereign immunity before Mayle.

MFW Wine Co. LLC v. PA LCB, Aplt.

Supreme Court of Pennsylvania · Jul 2, 2024

Establishment of taxable costs (a) Standards for costs. … As established above, mandamus damages were never barred by sovereign immunity before Mayle.

Hack v. Hack

495 Pa. 300 · Supreme Court of Pennsylvania · Jul 14, 1981

wife, clearly cannot be a legitimate basis for retaining interspousal immunity. … Clearly mandated by statute.

Southeastern Pennsylvania Transportation Authority v. City of Philadelphia

639 Pa. 1 · Supreme Court of Pennsylvania · Apr 26, 2017

On review in this Court, we rejected the notion that DPW was immune from local land regulations because it had the power to condemn property to establish the facility it sought to construct. … SEPTA argues that the MTAA plainly establishes that SEPTA is afforded sovereign immunity. Id at 18. It notes such immunity must be expressly waived to permit suits against it. Id. at 19 (citing Powell v.

Regester v. County of Chester

568 Pa. 410 · Supreme Court of Pennsylvania · May 31, 2002

the physical operation of a vehicle beyond actual driving that will implicate the vehicle liability exception, *421 the Commonwealth Court correctly concluded that the form of negligence alleged by the Regesters does not qualify … Chieffo, a majority of Justices rejected the principle previously established in Dickens v.

King v. United States Steel Corp.

432 Pa. 140 · Supreme Court of Pennsylvania · Nov 12, 1968

Greenville Business Men’s Assoc., 423 Pa. 288 , 224 A. 2d 620 (1966) 1 and concluded, “Applying tbe enumerated tests, we bave very little difficulty in finding that tbe party claiming immunity has failed to establish that … against the party who seeks the immunity from liability; (4) the burden to establish immunity from liability is upon the party who asserts such immunity.” 423 Pa. 288, 292-93 , 224 A. 2d 620 (1966).

McKenna v. Mooney

388 Pa. Super. 298 · Supreme Court of Pennsylvania · Oct 26, 1989

On December 11, 1987, Mooney sought leave of court to amend his answer to plead the immunities included in the Mental Health Procedures Act (the Act), 50 Pa.C.S.A. §§ 7101, et seq. … The scope of the Act is clearly stated as “establishing] rights and procedures for all involuntary treatment of mentally ill persons, ... and for all voluntary inpatient treatment of mentally ill persons.” 50 Pa.C.S.A. §

Lehigh-Northampton Airport Authority v. Lehigh County Board of Assessment Appeals

585 Pa. 657 · Supreme Court of Pennsylvania · Dec 30, 2005

Presently, the Authority argues that the Commonwealth Court erred in failing to recognize that, under established precedent of this Court, it is a Commonwealth agency and, as such, is immune from local real estate taxation … Regardless of the validity of such a narrow construct for purposes of exemption, under the immunity standard such a use is clearly within the Authority’s author *676 ized governmental purpose to operate an airport, see supra

Neil v. Allstate Insurance

379 Pa. Super. 299 · Supreme Court of Pennsylvania · Nov 2, 1988

immunity since Falco . … In addition, where the coverage is clearly worded and conspicuously displayed, failure to read the limitation or to understand it is no defense. Standard Venetian Blind, supra.

Koontz v. Messer & Quaker State Oil Refining Co.

320 Pa. 487 · Supreme Court of Pennsylvania · Oct 3, 1935

Clearly, that immunity ought not to extend to the master. As was well said by Mr. Justice Cabdozo, then Chief Judge of the Court of Appeals of New York, in Schubert v. … Illegality established, liability ensues.

Reginelli v. Marcellus Boggs, M.D., Monongahela Valley Hosp., Inc.

181 A.3d 293 · Supreme Court of Pennsylvania · Mar 27, 2018

ERMI also contests the Superior Court's ruling that it does not qualify as a "professional health care provider" under the PRPA. … who themselves qualified as professional health care providers.

Wilkinsburg Police Officers Ass'n ex rel. Harder v. Commonwealth

535 Pa. 425 · Supreme Court of Pennsylvania · Dec 30, 1993

This provision clearly states that the General Assembly may pass laws subjecting collective bargaining agreements with policemen and firemen to binding arbitration. … Clearly, the statute seeks to achieve a proper state purpose.

Commonwealth v. Hancharik

388 Pa. Super. 337 · Supreme Court of Pennsylvania · Oct 27, 1989

Finally, we require that the defendant establish how counsel's commission or omission prejudiced him. . . . … The privilege of spousal immunity involves two separate, but related, forms of immunity.

Balshy v. Rank

507 Pa. 384 · Supreme Court of Pennsylvania · Apr 2, 1985

Thus, the actions against the individual state troopers are clearly not within the original jurisdiction of the Commonwealth Court. … that when the General Assembly established Commonwealth Court’s original jurisdiction of actions against the Commonwealth and its officers, that body could not have envisioned that the Commonwealth Court would become a forum

Cantwell v. Allegheny County

319 Pa. Super. 255 · Supreme Court of Pennsylvania · Jan 31, 1984

The tests were performed and conclusively established that appellant’s blood-type differed from the assailant’s. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (to be actionable against individual official, negligent conduct must violate “clearly established rights ... of which a reasonable person should have known