Case law

Commonwealth v. Weiskerger

520 Pa. 305 · Supreme Court of Pennsylvania · Jan 30, 1989

Later, his wife's position at the nursing home was abolished, and she was offered a position as a full-time nurse, a position for which she was qualified and which paid more than the position she had been filling. … A review of that evidence establishes that it was not so overwhelming that no reasonable jury could have failed to find entrapment.

PPL Elec. Utilities v. City of Lancaster

Supreme Court of Pennsylvania · Aug 20, 2019

Code §§ 57.11 (concerning mandatory reporting of qualifying (“reportable”) accidents involving “the facilities or operations of the public utility”), 57.12 (directing a public utility to promptly investigate customer complaints … The mere fact that the General Assembly has enacted legislation in a field does not lead to the presumption that the state has precluded all local enactments in that field; rather the General Assembly must clearly

Knox v. Board of School Directors of Susquenita School District

585 Pa. 171 · Supreme Court of Pennsylvania · Dec 28, 2005

Importantly, it is not until an employee has qualified under the systems that he is entitled to his tenure rights. See Templeton Appeal, [ 399 Pa. 10 , 159 A.2d 725 (1960)]. 166 A.2d at 280-81 (footnotes omitted). … Clearly there was no written contract involved at the time of dismissal. The question here is whether this Code gives appellant a legitimate expectation of continued employment.

C.G., Aplt. v. J.H.

Supreme Court of Pennsylvania · Sep 21, 2018

Therefore, she is clearly not a parent under any bases that have been recognized by our jurisprudence.11 10 We do not wish to imply that a biological parent may bargain away his or her child’s right to support. … However, this potential for misconduct does not render the actions of the person seeking in loco parentis status immune from review following a separation.

N Berks Reg. Police Comm, Aplt. v. Berks Co. FOP

Supreme Court of Pennsylvania · May 19, 2020

Here, the Commission argued that the “excess of powers” prong was implicated because the Commission could not lawfully return Hobart to work, which qualifies under the third prong. Dep't of Corr. v. … Further testimony established that Hobart requested an appeal, which was sent to JNET by Chief Horner.

Commonwealth v. Foster

609 Pa. 502 · Supreme Court of Pennsylvania · Mar 29, 2011

Another example of a clearly illegal sentence is one imposed by a court lacking jurisdiction. See, e.g., Commonwealth v. … This notion is not clearly dispositive, however, because it does not speak to issue preservation.

Commonwealth v. Gribble

580 Pa. 647 · Supreme Court of Pennsylvania · Dec 21, 2004

Williams, 566 Pa. 553 , 782 A.2d 517, 524-25 (2001) ( Strickland "firmly establishes that one seeking relief from a conviction or sentence based upon a claim of ineffective assistance of counsel bears the burden of *473 establishing … hearsay exception could permit the admission into evidence of an unavailable co-defendant's out-of-court statement, offered against and inculpating the defendant, see Majority Opinion, op. at 464-65, should be substantially qualified

Chester Water Auth, Aplt. v. Pa. DCED

Supreme Court of Pennsylvania · Apr 29, 2021

Cir. 2008); see also id. at 683 (“[F]ederal agencies occasionally will encounter problems outside their ken, and it clearly is preferable that they enlist the help of outside experts skilled at unraveling their knotty … We do not read the Commonwealth Court’s cryptic invocation of the mootness exceptions in Lewis as establishing that the public-importance exception applies in every Right-to-Know-Law controversy.

Lyle v. Richards

9 Serg. & Rawle 322 · Supreme Court of Pennsylvania · Apr 12, 1823

Titles so familiar, may be clearly and easily ascertained, and under them a permanent and pacific enjoyment may be inherited. Fearne on Cont. Rem. 170. … But James by the recovery, acquired an absolute fee simple, subject to the intermediate contingent estates, and there could not. be an absolute and a qualified fee in the same person. Tregonwell v. Strachan, 5 T.

Steets, K., Aplt. v. Celebration Fireworks (WCAB)

Supreme Court of Pennsylvania · May 30, 2025

[J-88-2024] - 20 of the administrative forum for resolving such guaranteed compensation, i.e., employer immunity from common law liability.” Id. at *15. … When the text clearly commands a particular result, we will not ignore it in furtherance of the broader goals or principles driving the statutory framework under consideration.

Chester Water Auth, Aplt. v. Pa. DCED

Supreme Court of Pennsylvania · Apr 29, 2021

Cir. 2008); see also id. at 683 (“[F]ederal agencies occasionally will encounter problems outside their ken, and it clearly is preferable that they enlist the help of outside experts skilled at unraveling their knotty … We do not read the Commonwealth Court’s cryptic invocation of the mootness exceptions in Lewis as establishing that the public-importance exception applies in every Right-to-Know-Law controversy.

Craley v. State Farm Fire & Casualty Co.

586 Pa. 484 · Supreme Court of Pennsylvania · Apr 21, 2006

In addressing the household exclusion, the majority established what amounts to a per se rule, rejecting the Craleys’ argument that the household vehicle exclusion violates public policy and concluding that “if there is a … of subsection (d) is unambiguous in regard to the sufficiency of waiver of intra-policy stacking as it speaks to stacking as “the sum of the limits for each motor vehicle insured under the policy,” the language does not clearly

Eqt Prod. Co. v. Dep't of Envtl. Prot. of the Com. of Pa.

181 A.3d 1128 · Supreme Court of Pennsylvania · Mar 28, 2018

the Commonwealth Court proceeded sua sponte to narrow its statutory analysis of violations to Section 301. 8 In this regard, in terms of *1135 Section 307, the court reasoned that the leaks from EQT's impoundment did not qualify … Thus, it was the court's position that passive movement of industrial waste cannot establish infractions. See id. at 436.

MacK Appeal

386 Pa. 251 · Supreme Court of Pennsylvania · Oct 5, 1956

All reasonable rules looking to the establishment of such safeguards must be sustained. … That this Court did not consciously intend entrapment does not alter the clearly etched configuration of the picture of entrapment.

Chalupiak v. Stahlman

368 Pa. 83 · Supreme Court of Pennsylvania · Jun 27, 1951

There was no description by metes and bounds but eventually it was established that the area consisted of 54.088 acres. Adjoining this land was another tract which was also owned by the county commissioners. … At the time Stahlman prepared the deeds heretofore mentioned, he was a duly elected, qualified and acting justice of the peace of the borough of Baden. 20.

McCreesh v. City of Philadelphia

585 Pa. 211 · Supreme Court of Pennsylvania · Dec 28, 2005

In the case before us, I have no such reservations about the method of service effectuated by Appellant because it clearly did not comport with the rules for service of process in Philadelphia. … Franklin, 394 Pa.Super. 302 , 575 A.2d 914 (1990), for the proposition that actual notice suffices to establish good faith under Lamp .

Commonwealth v. Gorby

587 Pa. 417 · Supreme Court of Pennsylvania · Jun 20, 2006

The jurors unanimously found the aggravating circumstances alleged by the Commonwealth to have been established beyond a reasonable doubt, 4 and each juror determined that Appellant had failed sufficiently to establish any … Accordingly, we conclude that the arguable merit prong of inquiry into the effective assistance of appellate counsel is established.

Williams, L., Aplts v. City of Phila

Supreme Court of Pennsylvania · Jul 18, 2018

Respectfully, while this may present an intractable problem in another case, I disagree that it establishes the necessity of a categorical exclusion of such considerations, especially [J-31A-2018 and … Although the PBT’s advocates often foregrounded the educational benefits, they treated where, as here, the text of the ordinance as well as the record so clearly reflect a conscious concern for, and arguably the desire

Williams, L., Aplts v. City of Phila

Supreme Court of Pennsylvania · Jul 18, 2018

Respectfully, while this may present an intractable problem in another case, I disagree that it establishes the necessity of a categorical exclusion of such considerations, especially [J-31A-2018 and … Although the PBT’s advocates often foregrounded the educational benefits, they treated where, as here, the text of the ordinance as well as the record so clearly reflect a conscious concern for, and arguably the desire

In the Int. of: K.N.L. Apl of: L.B. a/k/a T.B.

Supreme Court of Pennsylvania · Oct 19, 2022

D.M. thus argues appellant is aggrieved if denied the opportunity to intervene at this stage, before he can show if he is qualified to adopt. … Notably, a substantial body of Superior Court jurisprudence clearly recognizes “third parties who are not designated foster parents may seek adoption when they can establish that they stand in loco parentis to the child