Case law

American Law Institute v. Commonwealth

882 A.2d 1088 · Commonwealth Court of Pennsylvania · Sep 15, 2005

Legal reform and clarification and simplification of the law and its adaptation to social needs clearly benefit society as a whole. ,To the extent that the Board focused solely on ALI’s legal education activities, again paraphrasing … The Board’s order states that ALI failed to establish that it qualifies as a purely public charity but does not specifically state which of the requirements it failed to meet.

Tohickon Valley Transfer, Inc. v. Tinicum Township ZonIng Hearing Board

97 Pa. Commw. 244 · Commonwealth Court of Pennsylvania · May 15, 1986

If an earlier zoning hearing board decision approving a permit in 1973 did not confer a vested right upon the present applicant, then this court must decide whether a trash transfer station now qualifies as a permitted use … The Flood Insurance Study, which section 804.05A of the ordinance incorporates by reference, establishes quite clearly why that capacity within the Floodtuay District permits development to occur in the Flood-Fringe District

In Re: Condemnation by PennDOT, of Right-Of-Way for SR 0022 in the Twp. of Frankstown Stewart M. Merritts, Jr. v. PennDOT

194 A.3d 722 · Commonwealth Court of Pennsylvania · Feb 26, 2018

Dep’t of Revenue, 998 P.2d 675, 677 (Or. 2000) (stating that “the government cannot confer its privileges and immunities upon patent grantees”)).) … He stated that because “the inlet and outlet ends of the pipe were clearly substandard[,]” the Department had to move the pipe and was replacing it with the 18-inch pipe in accordance with its policy. (Id. at 135.)

Phil. Elec. v. Unemp. Comp. Bd. of Rev.

129 Pa. Commw. 417 · Commonwealth Court of Pennsylvania · Nov 13, 1989

To pose a rhetorical question: why should counsel ask for a continuance to qualify the reports that had been admitted by the referee? … We believe counsel was clearly misled into believing that the results of the reports, which unquestionably were relevant, were admitted for their natural probative value, which could only be to establish that Claimant was

Pennypack Woods Home Ownership Ass'n v. Board of Revision of Taxes

163 Pa. Commw. 80 · Commonwealth Court of Pennsylvania · Mar 30, 1994

It relied on the income capitalization figures of the City’s appraisal expert, Bernard Camins, whom the court found to be qualified and credible. *84 Mr. … low-income apartment building: [T]he certitudes of a property’s not being presently saleable, and of its not having a potential for rental profit increases, both of which are factors unique to Section 236 property, *87 are clearly

Dezen v. Commonwealth, Bureau of Professional & Occupational Affairs

722 A.2d 1135 · Commonwealth Court of Pennsylvania · Jan 8, 1999

We agree with the board that the issue raised herein is clearly resolved against Dezen. … section 2 of the Act as the "offering to render or rendering to individuals, corporations, institutions, governmental agencies, or the public for remuneration any service involving the following: (i) The application of established

Bussinger v. Department of Corrections

29 A.3d 79 · Commonwealth Court of Pennsylvania · Aug 9, 2011

immunity. … immunity to Bussinger’s request for attorneys’ fees.

Kuznick v. Department of Public Welfare

5 A.3d 832 · Commonwealth Court of Pennsylvania · Sep 9, 2010

Court summarized the purposes behind the MMMNA rules: Prior to 1988, Medicare eligibility rules in this country frequently pauperized married couples by requiring them to virtually deplete their joint assets to allow one to qualify … In Davis , the Court focused on the legitimate medical expenses that the CS had incurred and which clearly implicated her ability to maintain existence above the poverty line, not merely her lifestyle.

City of Philadelphia v. J.S., Sr. and C.S., Administrators of the Estate of J.S.

Commonwealth Court of Pennsylvania · Dec 21, 2023

Act.6] In the newly- established 2019 sovereign immunity provisions under Section 8522, actions are permitted for conduct (b.1) Major sexual offenses--Except as provided in [S]ection … The age qualifier that [the p]laintiff attempts to omit from [S]ection 5551(7) is essential to what constitutes an ‘offense’ 7 See Pa.R.A.P. 126(b)(1)-(2) (“As used in this rule, ‘non-precedential decision

Goslin v. State Board of Medicine

937 A.2d 531 · Commonwealth Court of Pennsylvania · Nov 16, 2007

Clearly, the activities in which Gos-lin engages pertain to the treatment of the body and the healing arts. Accordingly, we believe that Goslin is not likely to succeed on the merits of her case. … the Supreme Court of New Jersey stated in the seminal case of In re Quinlan, 70 N.J. 10, 35-36 , 355 A.2d 647, 661-662 (1976): [T]he right to religious beliefs is absolute but conduct in pursuance thereof is not wholly immune

S. Essington, Administrator of the Estate of D. Essington v. Monroe County Transit Authority v. J. Acevedo-Soltren

Commonwealth Court of Pennsylvania · Jul 11, 2023

Clearly, the fact that the bus might obstruct the view of a departing passenger or an oncoming car does not itself render the bus stop manifestly dangerous. … Appellant maintains that these allegations, when taken as true, are sufficient to establish a claim under the real estate exception to immunity.

Commonwealth v. Ortho-McNeil-Janssen Pharmaceuticals, Inc.

52 A.3d 498 · Commonwealth Court of Pennsylvania · Jul 26, 2012

This is because Janssen qualifies as a “person,” and a different subsection makes unlawful described acts by any “person.” … The exchange does not clearly establish reliance. Nevertheless, although not raised by the parties or discussed by the trial court, there is authority for the position that reliance may be presumed in this case.

C. Sanchez v. PA DOC

Commonwealth Court of Pennsylvania · Sep 25, 2024

Accordingly, this Court concludes that Sanchez has pled sufficient facts to establish McCown’s personal involvement. … Section 8522(b)(3) of the act known as the Sovereign Immunity Act states that “the defense of sovereign immunity shall not be raised to claims for damages caused by . . .

Aetna Electroplating Co. v. Workmen's Compensation Appeal Board

116 Pa. Commw. 66 · Commonwealth Court of Pennsylvania · May 10, 1988

Claimant could not take inventory, or check plant equipment because it was too heavy to move, calibrate the thickness of various metals, place metals into and remove them from baking ovens, or clearly write in-r structions … There can be no question that the Final Receipt in this case was a very qualified one.

HUMAN RELATIONS COM'N v. School Dist.

161 Pa. Commw. 658 · Commonwealth Court of Pennsylvania · Feb 4, 1994

The record in the case sub judice clearly demonstrates that the educational needs of students in racially isolated minority schools substantially exceed those of other students. … The School District established the policy that desegregation is a goal and integration is the objective.

Pennsylvania School Boards Ass'n v. Commonwealth Ass'n of School Administrators, Teamsters Local 502

696 A.2d 859 · Commonwealth Court of Pennsylvania · Jul 2, 1997

In addition, Commonwealth Respondents maintain that the Commonwealth of Pennsylvania, as the sovereign, is absolutely immune from suit. … Thus, we cannot say that the Governor clearly violated his duties under the constitution by signing Act 105 into law.

Nelson v. State Board of Veterinary Medicine

938 A.2d 1163 · Commonwealth Court of Pennsylvania · Dec 17, 2007

First, the Board asserted that Nelson did not establish "that he was qualified to make an individual and business net worth evaluation." … Nelson's testimony as to *1177 his overall net worth incredible or unpersuasive, it seems to me that its analysis of his testimony clearly amounts to such a finding.

Murdoca v. Commonwealth

122 Pa. Commw. 303 · Commonwealth Court of Pennsylvania · Dec 22, 1988

Delin *306 agreed that the attempt by Beverly to unilaterally reduce wages was improper and clearly in violation of the agreement. … The Union shall have the right to check the validation and if necessary assign qualified engineers to evaluate the piece rates.

Moretti v. State Board of Pharmacy

2 Pa. Commw. 121 · Commonwealth Court of Pennsylvania · May 10, 1971

Housing Authority of Pittsburgh, 379 Pa. 566, 572-573 , 109 A. 2d 331, 334-335 (1954) : “By a host of authorities in our own and other jurisdictions it has been established as an elementary principle of law that courts will … [Citing many cases] Fraud is so inextricably woven into the term, ‘wilfully’ as it is employed in §145 (b), that it is clearly an ingredient of the offense proscribed by that section.

WEST MIFFLIN AREA SCHOOL DIST. v. Zahorchak

956 A.2d 1040 · Commonwealth Court of Pennsylvania · Sep 4, 2008

South Allegheny's hiring one teacher does not establish harm where there is no allegation that the teacher was ineffective or that the district was required to reject a more qualified applicant. … The act at issue stated that a pilot program was being established to assess effectiveness of the new approach.