Case law

Purcell v. Westinghouse Broadcasting Co.

411 Pa. 167 · Supreme Court of Pennsylvania · Jun 5, 1963

Justice Eagen, writing for our Court, said: “This qualified immunity is forfeited if the publisher steps out of the scope of the privilege or abuses the ‘occasion.’ … The jury needed this evidence in order to determine whether the defendant was guilty of the-legal malice which had to be established in order to fasten liability on the-.defendant, considering the fact that it enjoyed a qualified

Finn v. Providence Gas & Water Co.

99 Pa. 631 · Supreme Court of Pennsylvania · Oct 2, 1882

The second section of the Act of 1867, incorporating the defendant company, invests it with all the immunities, franchises, rights and privileges authorized and granted to both gas and water companies by the Act of March … We are clearly of opinion that the additional number of jurors thus to be called, should be drawn from the names attached to the special venire which the prothonotary is directed to issue.

Villani v. Seibert Appeal of: Seibert

639 Pa. 58 · Supreme Court of Pennsylvania · Apr 26, 2017

Moreover, in the common pleas court and before this Court upon our de novo and plenary review, Appellee bore—and bears—the heavy burden of establishing that a duly-enacted and presumptively valid statute clearly and palpably … In conclusion, in our considered judgment, Appellee has failed to establish that the Dragonetti Act clearly and palpably *83 violates the Pennsylvania Constitution, or that this Court should per se immunize attorneys, as

N.W.M. v. Langenbach, P., Aplts.

Supreme Court of Pennsylvania · May 31, 2024

In fact, the intermediate level courts were the first to establish much of the law regarding quasi-judicial immunity.59 Z.F.1’s refusal to consider policy arguments is counterproductive, Appellants maintain, because it … Attorney Langenbach’s representation of N.W.M. fell below the standard of care for a dependency GAL, N.W.M. argues, because Attorney Langenbach opposed kinship care with a qualified and willing relative, advocated against

Farabaugh v. Pennsylvania Turnpike Commission

590 Pa. 46 · Supreme Court of Pennsylvania · Dec 28, 2006

having available the defense of sovereign immunity. … considering summary judgment motions, both trial and appellate courts must view the evidence of record in a light most favorable to the non-moving party, and they should grant sum-: mary judgment only where the "record clearly

McSorley v. Pennsylvania Turnpike Commission

390 Pa. 81 · Supreme Court of Pennsylvania · Jun 28, 1957

The power to remove an appointee for cause, which is clearly implied in Article VI, Section 4, is all the more indicated when the Governor happens to be the appointor since, by Article IV, Section 2, of the Constitution, … Surely the Governor, who is invested with the supreme executive power of the Commonwealth, is not less qualified to suspend an *88 appointee for cause especially when action to that end is not otherwise provided for by law

Cherry v. Pennsylvania Higher Education Assistance Agency

537 Pa. 186 · Supreme Court of Pennsylvania · May 25, 1994

Clearly, the common usage does not encompass nurses, guidance counselors, and psychologists. … None of the arguments presented by appellants is sufficient to establish that the interpretation adopted by PHEAA is clearly erroneous. Therefore, the order of the Superior Court must be affirmed. Order affirmed.

Malter v. South Pittsburgh Water Co.

414 Pa. 231 · Supreme Court of Pennsylvania · Mar 17, 1964

This case, like the Doyle case, is clearly to be distinguished from those cases where the courts have held that a mere failure to supply water does not constitute a breach of duty owing to injured parties by the water company … The responsibility of a municipality in connection with maintenance of water systems has been established through many cases: Luterman v. Philadelphia, 396 Pa. 301 ; McHale v. Throop Borough, 13 Pa.

BROWN v. Commonwealth

453 Pa. 566 · Supreme Court of Pennsylvania · May 23, 1973

The entire Article is concerned with establishing the principle that the people are the sovereign — not the state. … How can the written constitution be interpreted to contain something which it clearly does not?

Man O' War Racing Ass'n v. State Horse Racing Commission

433 Pa. 432 · Supreme Court of Pennsylvania · Feb 19, 1969

In effect, the legislature has granted immunity from the impact of the Act of June 24, 1939, P. … But the procedure which they established does not in my opinion qualify as a hearing, nor does it afford an applicant procedural due process.

COM. EX REL. UNIFIED JUD. SYS. v. Vartan

557 Pa. 390 · Supreme Court of Pennsylvania · Jul 1, 1999

Clearly, the order directing the deposition of the former Chief Justice is not a controlling question of law concerning Vartan’s claim that AOPC breached its agreement. … The judge had asserted that he was entitled to judicial immunity from civil suit.

Commonwealth ex rel. McCormick v. Reeder

171 Pa. 505 · Supreme Court of Pennsylvania · Oct 17, 1895

Nothing is said in the article as to how judges of such courts when established shall be elected. … Section 15 of the same article clearly applies to the election of district judges of the common pleas, for they are to be elected by the qualified electors of the respective districts over which they are to preside, while

Association of Pennsylvania State College & University Faculties v. Pennsylvania Labor Relations Board

607 Pa. 461 · Supreme Court of Pennsylvania · Nov 17, 2010

[T]he mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the scope of that review is limited to the determination of whether there has been a manifest … In the absence of a ruling on the question, PASSHE’s conduct clearly is capable of repetition in a similar situation.” Id. at 715 .

Pa. Liq. Con. Bd. v. Publicker

347 Pa. 555 · Supreme Court of Pennsylvania · May 25, 1943

And we must not overlook the well-established principle, now section 51 of the Statutory Construction Act of May 28, 1937, P.L. 1019, that "Every law shall be construed, if possible, to give effect to all its provisions. … Section 1, supra, clearly says "That this entire act is an exercise of the police power of this Commonwealth . . ."

Degliomini, A., et ux., Aplts. v. ESM - 5 EAP 2020

Supreme Court of Pennsylvania · Jun 22, 2021

While the clearly established policy of the Tort Claims Act is to provide an absolute rule of governmental immunity from negligence subject to its few, explicit exceptions without creating new causes of action, it is likewise … condition and a reasonably foreseeable risk of injury) had been established — enforcing the Release to immunize the City would jeopardize health, safety, and 13 To the extent the City argues its duty related to the Bike

Commonwealth v. Magliocco

584 Pa. 244 · Supreme Court of Pennsylvania · Sep 28, 2005

Thus, terroristic threats is a qualifying Article B offense. . … Clearly we made out ethnic intimidation.

Vant v. Gish

412 Pa. 359 · Supreme Court of Pennsylvania · Oct 11, 1963

Similarly, appellee’s appeal from the adverse adjudication and his discontinuance of that appeal clearly and obviously involve California conduct. … Clearly, the purpose of Eule 1271 is to free from attachment property not subject to execution in satisfaction of plaintiff’s claim.

Commonwealth v. Vartan

733 A.2d 1258 · Supreme Court of Pennsylvania · Jul 1, 1999

Clearly, the order directing the deposition of the former Chief Justice is not a controlling question of law concerning Vartan’s claim that AOPC breached its agreement. … The judge had asserted that he was entitled to judicial immunity from civil suit.

MacKey v. Maremont Corp.

350 Pa. Super. 415 · Supreme Court of Pennsylvania · Jan 24, 1986

be spread back to the government, defeating the government’s sovereign immunity. … We hold, therefore, that the government contract defense in Pennsylvania entitles a strict products liability suit defendant to judgment dismissing all claims against it if it is established that: 4 (1) The government established

Adam Eidemiller, Inc. v. State Highway & Bridge Authority

408 Pa. 195 · Supreme Court of Pennsylvania · Jun 28, 1962

In establishing Authority with its intimate interrelationship with Department, the legislature clearly intended that it was to come within the meaning of the *201 “Commonwealtli” as used in the Act of 1937 (72 PS §§4651-1 … The jurisdiction of Board is clearly restricted to claims arising out of contracts involving the Commonwealth or its instrumentalities.