Case law

Mazur v. Trinity Area School District

926 A.2d 1260 · Commonwealth Court of Pennsylvania · Jun 25, 2007

When the rights of a party are clearly established by defined principles of law, equity should not change or unsettle those rights. Equity follows the law. First Federal Sav. and Loan Ass’n of Lancaster v. … What is absent from the dissent’s analysis is any explanation of what clearly established constitutional, statutory or common law right of Citizens will be vindicated through equitable relief.

N.T. v. Dept. of Education

Commonwealth Court of Pennsylvania · Jul 7, 2021

The Commission analyzed Section 371 and concluded that “[t]he statute is written in the disjunctive and should be interpreted as establishing two alternative means of committing a violation.” … Whether a violation of the defraud clause of Section 371 qualifies as a crime of moral turpitude. 1.

Murray v. Commonwealth

143 Pa. Commw. 358 · Commonwealth Court of Pennsylvania · Nov 6, 1991

For purposes of blood and urine testing, qualified person means an individual who is authorized to perform those chemical tests under the act of September 26, 1951 (P.L.1539, No. 389), known as “The Clinical Laboratory Act … Clearly, the Code specifically provides that the Department of Health is empowered to enact regulations which prescribe the procedures for chemical tests of blood or urine. 4 *364 Neither DOT nor the local police departments

Stoner v. Township of Lower Merion

138 Pa. Commw. 257 · Commonwealth Court of Pennsylvania · Feb 28, 1991

In such a case, the principle of official immunity would not be available to shield respondents from liability for damages under section 8303. . . . 111 Pa.Commonwealth Ct. at 288, 534 A.2d at 150 . … Having pled mandamus, the Stoners should be permitted to prove their averments, and thus establish their right to that remedy, since it is no doubt available under Lindy Homes.

Lyft, Inc. v. Pa PUC K. Lyons and PG Publishing, Inc. d/b/a The Pittsburgh Post-Gazette v. Pa PUC

145 A.3d 1235 · Commonwealth Court of Pennsylvania · Aug 31, 2016

and should not be reversed unless clearly erroneous. … Lyft contends the trip data evidence qualifies as confidential proprietary information subject to seal.

Consolidated Reports and Return By the Tax Claims Bureau of Northumberland County -- Appeal of: S. Neff

133 A.3d 337 · Commonwealth Court of Pennsylvania · Jan 21, 2016

Bureau’s petition established good cause for a Section 601(a)(3) waiver of personal service. … It did not designate a server qualified to make personal service.

Gateway Rehabilitation Center, Inc. v. Board of Commissioners

710 A.2d 1239 · Commonwealth Court of Pennsylvania · Apr 3, 1998

The Twerski Endowment Fund was established in 1982 through contributions totaling approximately $800,000; as of 1996 it was valued at over $1,600,000. … This is clearly within the relevant portion of the definition in Section 32.1, namely subpart (i)(A), which refers to “gifts of services or property for general public use which are designed to benefit an indefinite number

R. Vasquez v. CO Dorta

Commonwealth Court of Pennsylvania · Apr 11, 2023

Pa. 2007) (holding that township chief of police was immune from claims of negligence 12 Appellees qualify as employees of a local agency for purposes of official immunity. See, e.g., King v. … See R.H.S., 936 A.2d at 1230 (holding that “[p]laintiff fail[ed] to allege sufficient facts establishing [county employee’s] actions constituted a crime or willful misconduct” for purposes of abrogating official immunity

Kremer v. Barbieri

48 Pa. Commw. 557 · Commonwealth Court of Pennsylvania · Jan 18, 1980

They have attempted to meet this burden by evidence as to the resignations of certain judges for economic reasons and the unwillingness of qualified lawyers (not named) to seek or accept judicial office. … This case is clearly distinguishable from Commonwealth ex rel. Carroll v.

Davis v. Workers' Compensation Appeal Board

753 A.2d 905 · Commonwealth Court of Pennsylvania · Jun 8, 2000

The mere inability to accept criticism does not, therefore, qualify as a compensable psychic injury. … And if all of those issues don’t improve, clearly, there are suspensions and terminations.... N.T. at pp 13-14, November 19, 1997 hearing. 3 .

B.J. Snow v. PSP

Commonwealth Court of Pennsylvania · Jan 14, 2016

Further, Petitioner alleges that his required guilty plea colloquy and Sentencing Order “listed Petitioner as qualifying for a ten (10) year registration only.” (Petition for Review ¶¶ 7-8.) … breach of contract because the PSP is not a party to the plea agreement between Petitioner and the Commonwealth; and (2) assuming that the PSP is a party to the plea agreement, a claim against the PSP is barred by sovereign immunity

Pottstown School District v. Hill School

786 A.2d 312 · Commonwealth Court of Pennsylvania · Nov 1, 2001

They do not, of themselves, establish eligibility for exemption. G.D.L. … by the Pennsylvania Code ..., it must first qualify under the Constitution as a `purely public charity'...

In re Appeal of deBotton

81 Pa. Commw. 513 · Commonwealth Court of Pennsylvania · Apr 12, 1984

Hospital, nursing home, convalescent home or sanitarium, provided that a hospital shall meet the current standards of the appropriate national professional accrediting association for a hospital qualified to train interns … with respect to its establishment and conduct.

Pannacci v. STATE CIVIL SERV. COMM.

101 Pa. Commw. 602 · Commonwealth Court of Pennsylvania · Oct 30, 1986

Clearly, the petition here, sent August 30, 1985, was beyond that time period (April 28, 1985). … Code 105.16. 2 As our ensuing discussion will establish, a remand for consideration of the April 5 letter will be unnecessary. In addition, this *608 Court could have, pursuant to Pa.

HHI Trucking & Supply, Inc. v. Borough Council

990 A.2d 152 · Commonwealth Court of Pennsylvania · Mar 5, 2010

Testing of noise levels, if required, shall be by qualified consultants. Zoning Ordinance § 205-105. … Such review fees shall be based upon a schedule established by ordinance or resolution.

Commonwealth v. Workers' Compensation Appeal Board

103 A.3d 397 · Commonwealth Court of Pennsylvania · Oct 30, 2014

Longo’s opinion testimony was admissible, but qualified the significance of his opinion, e.g., the weight he would *403 give the opinion, based upon the fact that Dr. … Both the statutory provisions and the regulations clearly anticipate that only medical doctors may render rating evaluations when performing IREs, either for employers or claimants.

In Re Appeal of Lutheran Social Services

114 Pa. Commw. 628 · Commonwealth Court of Pennsylvania · Jun 5, 2009

After reviewing and analyzing the extensive case law in this area, the court stated: From the foregoing it can be concluded that an entity qualifies as a purely public charity if it possesses the following characteristics … Clearly the apartment operation is donating or rendering gratuitously a portion of its services.

In Re Nomination Paper of Nader

856 A.2d 908 · Commonwealth Court of Pennsylvania · Aug 30, 2004

One whose application was delivered or postmarked after the date on which an elector signed nomination papers is not a “qualified elector,” and the signature will be stricken. … The "party nomination or membership” issue is clearly a legal rather than an evidentiary issue.

Insurance Department of the Commonwealth v. Saint Lukes Hospital

21 Pa. Commw. 10 · Commonwealth Court of Pennsylvania · Aug 5, 1975

At the very least, hospitals’ committment to specific required cost saving and other programs should be clearly set forth in the contract. “(2) The proposed contract does not contain a provision requiring submission of hospital … Fixed rates established by negotiation and based on realistic budget estimates are certainly more susceptible to approval than the undetermined blanket cost commitment proposed here.

C. Medina v. PennDOT

Commonwealth Court of Pennsylvania · Jun 10, 2026

7 Both DOT and American Lighting filed notices with the Court stating that they would not be participating in this appeal. 8 Summary judgment is appropriate “only in those cases where the record clearly … signs, lights or other traffic controls, street lights or street lighting systems under the care, custody or control of the local agency, except that the [appellant] to recover must establish