Case law

Houston v. Southeastern Pennsylvania Transportation Authority

19 A.3d 6 · Commonwealth Court of Pennsylvania · Mar 10, 2011

The General Assembly clearly did not intend such an absurd result. … It defines a "self-insurer” as "[a]n entity providing benefits and qualified in the manner set forth in section 1787 (relating to self-insurance)." 75 Pa.C.S. § 1702. 3 .

W.L. Ives, M.D. v. BPOA, State Board of Medicine

204 A.3d 564 · Commonwealth Court of Pennsylvania · Feb 28, 2019

Ives explained that he is generally hesitant to give blood to a cancer patient because the transfusion can suppress the immune system. At 11:30 a.m., Dr. … Kauffman was qualified as an expert, and he testified that he used the Peer Review Transcript to render his opinion.

Torres v. Beard

997 A.2d 1242 · Commonwealth Court of Pennsylvania · Jun 11, 2010

Mandamus is not proper to establish legal rights, but is only appropriately used to enforce those rights which have already been established. Id. … Accordingly, Petitioners have failed to establish a clear right to relief.

Harrisburg School District v. Hickok

762 A.2d 398 · Commonwealth Court of Pennsylvania · Nov 15, 2000

After notification, the following occurs: 1)The Department of Education (the Department) establishes an Academic Advisory Team for each affected District; 2) The affected District establishes a School District Empowerment … No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

Allen v. State Civil Service Commission

992 A.2d 924 · Commonwealth Court of Pennsylvania · Apr 7, 2010

Thus, [this Court] must determine whether the Appellant’s appeals stated sufficient facts to establish a claim. Keim v. … This general and eonelusory allegation standing alone is clearly insufficient to state a claim....

In Re Deemed Approved Conditional Use

975 A.2d 1193 · Commonwealth Court of Pennsylvania · May 19, 2009

In fact, a review of the record clearly established Sterner believed the proposed storage sheds would increase the likelihood of flooding to Sterner's property. … "To sustain preliminary objections a complaint must be clearly insufficient to establish any right to relief, and preliminary objections will not be sustained if any theory of law will support a claim." Id.

Turk v. COM., DEPT. OF TRANSP.

983 A.2d 805 · Commonwealth Court of Pennsylvania · Oct 21, 2009

At this point, the burden shifted to Licensee to re-establish her competency to drive. … Clearly, DOT retained jurisdiction over the restoration of Licensee's operating privilege.

Schmeck v. General Battery Corp.

49 Pa. Commw. 15 · Commonwealth Court of Pennsylvania · Jan 23, 1980

The occupational disease which Claimants claim they suffer from, i.e., lead poisoning, is clearly one of the enumerated diseases found in Section 108(a) of the Act, 77'P.S. §1208(a). … While we are not qualified to undertake to define in medical terms what constitutes lead poisoning, we are compelled to agree with the testimony of Claimants’ own medical witness (which is the only medical evidence before

Robert Packer Hospital v. Department of Health

158 Pa. Commw. 329 · Commonwealth Court of Pennsylvania · Sep 7, 1993

In order for it to determine whether the CON qualified for approval under the new Chapter 26, findings of fact linking Applicants’ application to the criteria in new Chapter 26 are needed. … That being the case, the Board clearly exceeded its scope of authority in holding that the CON met the criteria of new Chapter 26.

Schott Glass Technologies, Inc. v. Unemployment Compensation Board of Review

832 A.2d 554 · Commonwealth Court of Pennsylvania · Sep 18, 2003

They note that a plan sponsor is required to provide contin *559 uation coverage to a qualified beneficiary who loses coverage as a result of a qualifying event, 29 U.S.C. § 1161 , 4 and that a strike or a lockout is such … qualifying event is entitled, wider the plan, to elect, within the election period, continuation coverage under the plan.” .

Fayette Resources, Inc. v. Fayette County Board of Assessment Appeals

107 A.3d 839 · Commonwealth Court of Pennsylvania · Dec 23, 2014

The burden is on the seeker of the exemption to establish each of those elements. Hospital Utilization Project, 487 A.2d at 1312 ; Camp Hachshara Moshava of New York, 47 A.3d at 1275-76 . … It also clearly meets the statutory requirements that it benefit a substantial and indefinite class of persons who are legitimate subjects of charity, see 10 P.S. § 375(e)(2) (defining "[Ilegitímate subjects of charity” as

Alessandro v. Borough of Braddock

37 Pa. Commw. 513 · Commonwealth Court of Pennsylvania · Sep 13, 1978

However, “the proceeds of the life insurance policy” is specifically qualified by “mentioned in the preceding paragraph” and thereby can only refer to the life insurance policy in the amount of $2,000, the only life insurance … The Fund clearly was enriched to the extent the proceeds exceed the cost of maintaining the policy and the value of the death benefit. However, the Fund was not enriched at plaintiff’s expense.

S. Palmer v. John Doe Sergeant

Commonwealth Court of Pennsylvania · May 5, 2016

“[T]he Commonwealth, and its officials and employees acting within the scope of their duties, shall continue to enjoy sovereign immunity and official immunity and remain immune from suit except as the General Assembly shall … specifically waive the immunity.” 1 Pa.

Torres v. Pennsylvania Board of Probation & Parole

861 A.2d 394 · Commonwealth Court of Pennsylvania · Sep 27, 2004

temporary home furlough, would qualify as the equivalent of incarceration. … A qualified inmate serving a sentence of incarceration may be placed in a CCC residency program to serve some of that sentence.

Brink's, Inc. v. Pennsylvania Public Utility Commission

56 Pa. Commw. 371 · Commonwealth Court of Pennsylvania · Jan 29, 1981

Section 2503(b) states, in pertinent part: A permit shall be issued by the commission to any qualified applicant therefor authorizing in whole or in part the service covered by the application, if it appears ... that the … S. §2502(a)(l), gives the PUC authority to impose regulations on “[cjontract carriers by motor vehicle, and to that end the commission may prescribe minimum rates which are just and reasonable, and establish requirements

Frazer Concerned Citizens ex rel. McKenna v. Frazer Transportation Authority

153 Pa. Commw. 652 · Commonwealth Court of Pennsylvania · Jan 11, 1993

the trial court erroneously substituted its judicial determination for the administrative discretion of the Port Authority, explaining: *661 While discretionary power in the hands of a municipal authority or body does not immunize … within the district, as is clearly stated in the Official Notice of the October 29, 1991 hearing, quoted in full above.

J. Pilchesky v. Lackawanna County

Commonwealth Court of Pennsylvania · May 9, 2023

Complaint alleged that Defendants’ conduct resulted in the deprivation of Pilchesky’s property rights in contravention of article I, section 1 of the Pennsylvania Constitution.3 Id., ¶¶ 53-60. 2 Rule 1030 establishes … As discussed above, Pilchesky’s claims against Sheriff McAndrew were barred by the common law doctrine of high public official immunity, and his entitlement to immunity was clearly applicable on the face of the Complaint.

Tool Sales & Service Co. v. Commonwealth

149 Pa. Commw. 389 · Commonwealth Court of Pennsylvania · Jul 22, 1992

Taxpayers qualify for S corporation treatment under federal and state tax laws. 1 During the years in question, Taxpayers were S corporations for both state and federal purposes. … The words of this statute are not precise because they actually do not refer to a clearly discernable and reported figure on the income tax return of all entities subject to the capital stock franchise tax.

C. Col. of Beaver C. v. Cc of Bc, S. of F.

99 Pa. Commw. 641 · Commonwealth Court of Pennsylvania · Aug 13, 1986

Our review of labor arbitration awards follows the well-established “essence test.” … Clearly, the arbitrator’s granting of the grievance is separable from the invalid award of damages. Hence, the court of common pleas correctly omitted only the portion of the award granting the damages.

Commonwealth Ex Rel. Fisher v. Philip Morris, Inc.

4 A.3d 749 · Commonwealth Court of Pennsylvania · Aug 17, 2010

However, the agreement clearly requires a party to provide 30 days written notice of its intent to seek enforcement of the MSA. (MSA § VII(c)(2)). … It is also well-established that an order or consent decree “forming the basis for [a] contempt finding must be definite, clear, and specific, leaving no doubt or uncertainty regarding the prohibited conduct.”