Case law

Sellers, C, Aplts v. Twp. of Abington,et al

630 Pa. 330 · Supreme Court of Pennsylvania · Dec 29, 2014

Second, Appellants argue that the new rule eliminates the prerequisite to a police officer’s immunity from liability in a high-speed chase established in 42 Pa.C.S. § 8542(b)(1), that the passenger is aiding and abetting … Exceptions to governmental immunity.

Clipper Pipe & Service, Inc. v. Ohio Casualty Insurance

631 Pa. 682 · Supreme Court of Pennsylvania · Jun 15, 2015

The subject statute is the Contractor and Subcontractor Payment Act,1 which confirms and establishes certain rights and duties among “owners,” “contractors,” and “subcontractors” with respect to “construction contracts. … Per the statutory regime, the Commonwealth “shall continue to enjoy sovereign immunity . . . and remain immune from suit except as the General Assembly shall specifically waive the immunity.” Id. (emphasis added).

Schanne, R., Aplt. v. Addis, J.

632 Pa. 545 · Supreme Court of Pennsylvania · Aug 17, 2015

An absolute privilege is unlike a qualified privilege in that the latter does not protect the declarant against a charge of malice, see Preiser v. … noted that, even absent application of the privilege, the burden of proof as to all elements of the tort of defamation is borne by the plaintiff, see 42 Pa.C.S. § 8343(a); see also id. § 8344 (requiring the plaintiff to establish

SEPTA v. City of Phila., Aplts.

Supreme Court of Pennsylvania · Sep 24, 2014

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. … Justice dissents on the basis that pursuant to 74 Pa.C.S. § 1711(c)(3), SEPTA enjoys sovereign immunity in this case because the General Assembly has not expressly waived SEPTA’s immunity from administrative proceedings.

White v. School District of Philadelphia

553 Pa. 214 · Supreme Court of Pennsylvania · Oct 1, 1998

Under the Tort Claims Act, local governmental agencies generally are immune from tort liability. 3 42 Pa.C.S. § 8541. This “governmental immunity,” however, is not absolute. … Clarks Green Borough, 146 Pa.Cmwlth. 232 , 604 A.2d 1235 (1992) (finding local agency’s failure to establish safe shod bus locations outside the motor vehicle exception).

Teachers' Tenure Act Cases

329 Pa. 213 · Supreme Court of Pennsylvania · Jan 3, 1938

This conclusion is contrary to the system of compensation established for schoolteachers from the origin of the public schools. … The last notice sent by the board to appellee was clearly an offer of a new contract requiring his acceptance in the manner indicated.

Laconis v. Burlington County Bridge Commission

400 Pa. Super. 483 · Supreme Court of Pennsylvania · Dec 18, 1990

The evidence also establishes that on prior occasions during heavy rainfall, the Commission sent its police to the site to warn motorists to slow down. … Laconis’s argument ignores the fact that expert testimony is an established part of our tort law.

Lara, Inc. v. Dorney Park Coaster Co.

369 Pa. Super. 27 · Supreme Court of Pennsylvania · Nov 12, 1987

. § 762 as this case clearly draws into question the application of a statute regulating the affairs of a political subdivision. … Thorn, 359 Pa.Super. 274 , 518 A.2d 1231 (1986) the interest of judicial economy must be weighed against other interests, one of which is the possibility of establishing conflicting lines of authority.

Chemical Natural Resources, Inc. v. Republic of Venezuela

420 Pa. 134 · Supreme Court of Pennsylvania · Jan 4, 1966

Immunity “it became the court’s duty, in conformity to established principles, to release the vessel and to proceed no further in the cause.” … “A study of the law of sovereign immunity reveals the existence of two conflicting concepts of sovereign immunity, each widely held and firmly established.

Manzetti v. Mercy Hosp. of Pittsburgh

565 Pa. 471 · Supreme Court of Pennsylvania · Jul 18, 2001

In order to further the candor necessary to such a process, the Congress inserted immunity provisions in the HCQIA. … In order to qualify for this immunity, a professional review action must be taken— (1) in the reasonable belief that the action was in the furtherance of quality health care, (2) after a reasonable effort to obtain the facts

Sherk v. County of Dauphin

531 Pa. 515 · Supreme Court of Pennsylvania · Sep 18, 1992

Under well established precedent, if plaintiff produces sufficient evidence to demonstrate the mental condition of [the patient] warranted the duty asserted [by the plaintiff], the hospital would clearly be responsible for … We have further held that the language “any of its consequences” clearly indicates a recognition that discharging a mentally disabled patient, especially one who has been classified as a clear and present danger to himself

Houtz Appeal

361 Pa. 537 · Supreme Court of Pennsylvania · Mar 22, 1949

As this Court has already said, it was not the intention of the legislature “to confer any special privileges or immunities upon professional employes to retain permanently their positions and pay regardless of a place to … Every supervising principal shall be properly certified by the Department of Public Instruction in accordance with such standards as the State Council of Education may establish.” 2 Section 3 provides: “There shall be no

Walker's Appeal

332 Pa. 488 · Supreme Court of Pennsylvania · Sep 28, 1938

Unless the legislature clearly intended by apt language that the school board was to be thus bound, appellant’s contention must fail. The very essence of his contract, teaching, is made impossible of performance. … The legislature did not intend to confer such privileges and immunities on professional employees as the right to retain their position and pay, without employment in actual work.

Commonwealth v. Lightman

339 Pa. Super. 359 · Supreme Court of Pennsylvania · Jan 30, 1985

. § 108(f)(1) violates the requirements of the Equal Protection and Privileges and Immunities Clauses of the United States Constitution. … Even where a potential witness has died, as did Marvin Lightman, or otherwise become unavailable, actual prejudice will not be found unless a defendant clearly establishes the subject matter and actual content of the witness

In Re: Adoption of Rules for Continuing Judicial Education

Supreme Court of Pennsylvania · Feb 7, 2020

The course leaders or lecturers must be qualified with the necessary practical and/or academic experience necessary to conduct the course effectively. 4. … (b) Department courses shall be designed so as to enhance the basic program requirements established under these rules.

Keenheel v. SECURITIES COM'N

523 Pa. 223 · Supreme Court of Pennsylvania · Oct 25, 1989

In the instant matter, Shovel’s objective is to establish the enforceability of the contract and compel its performance. … Clearly the statute is not applicable to the instant dispute. As stated, appellant is not asserting a contractual claim against the Commonwealth for an amount *230 in excess of $300.00.

Commonwealth v. Bagnall, M., Aplt.

Supreme Court of Pennsylvania · Aug 18, 2020

Notably, we have further explained that the promise or “understanding between the prosecution and its testifying witness need not be in the form of a signed contract or a completed, ironclad agreement in order to qualify … As set forth above, formal documentation is not required in order for an agreement or understanding to qualify as Brady material.

Casey v. Geiger

346 Pa. Super. 279 · Supreme Court of Pennsylvania · Oct 4, 1985

considering preliminary objections in the nature of a demurrer, the following standard is applied: It is axiomatic in the law of pleading that preliminary objections in the nature of a demurrer admit as true all well and clearly … Commw. 170 , 478 A.2d 937 (1984) (plaintiffs’ complaint alleging inadequate police protection failed to set forth facts necessary to establish a special relationship with the police).

Commonwealth v. Western Maryland Railway Co.

377 Pa. 312 · Supreme Court of Pennsylvania · May 27, 1954

Those decisions, therefore, as applied to the Western Maryland Rail Road bonds assumed by appellant, conclusively establish its liability for the corporate loans tax thereon. … Indeed, were there any doubt otherwise on the subject, appellant, by assuming the obligation of the bonds, clearly became liable for the corporate loans tax thereon when the Act of July 15, 1919, P.

Kline v. Arden H. Verner Co.

503 Pa. 251 · Supreme Court of Pennsylvania · Dec 30, 1983

To do so, facets of the society often require new immunities or larger responsibility, as the legislature may determine. … Under section 306(b), this would clearly qualify as a permanent partial disability. Scott v. Powell Coal Co., 402 Pa. 73 , 166 A.2d 31 (1960).