Case law

P.F. Fagan v. Bell Acres Mun. Auth. v. Shoup Eng'g., Inc. ~ Appeal of: Bell Acres Mun. Auth.

Commonwealth Court of Pennsylvania · Jan 17, 2024

and the Fagans did not establish an exception to its immunity, (2) the trial court did not address the Authority’s primary immunity argument and provided no basis for denying its motion, (3) the Fagans cannot prevail on … immunity.

Hicks v. Southeastern Pennsylvania Transportation Authority

139 Pa. Commw. 54 · Commonwealth Court of Pennsylvania · Apr 9, 1991

SEPTA filed an answer and new matter denying that it was responsible for the maintenance of the pavement between the rails and raising the defense of immunity. … The obligation of the Commonwealth in the reconstruction, resurfacing or maintenance as hereinbefore provided shall be limited to that part of the street or section thereof between curb lines as established at the time of

R.L. Carr v. PennDOT, PA SCSC

189 A.3d 1 · Commonwealth Court of Pennsylvania · Jun 12, 2018

The establishment of conditions of service which will attract to the service of the Commonwealth qualified persons of character and ability and their appointment and promotion on the basis of merit and … Such results would clearly be contrary to the Act’s purpose of rendering personnel decisions on the basis of merit criteria.

Owens v. Lehigh Valley Hospital

103 A.3d 859 · Commonwealth Court of Pennsylvania · Nov 7, 2014

Employer filed preliminary objections in the nature of a demurrer on December 27, 2013, alleging that Appellant had fáiled to state a claim for relief because her second amended complaint clearly stated that she had never … from a Commonwealth agency; (4) a local government civil or criminal matter; (5) an action relating to non-profit corporations arising under Title 15; (6) an eminent domain proceeding; or (7) a case presenting issues of immunity

Nationwide Mutual Insurance v. Commonwealth

15 Pa. Commw. 24 · Commonwealth Court of Pennsylvania · Aug 12, 1974

On scope of review, the Court stated: “Where an administrative agency is clothed with discretion in the discharge of its duty, the court will not interfere unless the record clearly establishes that there has been a violation … It is true that the mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the *31 scope of that review is limited to the determination of whether there has

Centurylink Public Communications, Inc. v. Department of Corrections

109 A.3d 820 · Commonwealth Court of Pennsylvania · Feb 17, 2015

from Securas because Securas did qualify. … Corizon has failed to establish that the Deputy Secretary’s procedural decisions were prohibited by the Procurement Code or constituted an abuse of discretion.”). 21 Accordingly, the Department’s order is affirmed.

T.R. Bonner v. L.M. Chapman

Commonwealth Court of Pennsylvania · Jun 27, 2023

Upon review, the Court is not persuaded that Respondents and Intervenor Respondents have so clearly established a valid claim of laches so as to grant them relief on this basis. … Thus, Petitioners have not established a clear right to the relief requested based on this claim.

PA State Corrections Officers Assoc. v. DOC, SCI at Benner

Commonwealth Court of Pennsylvania · Dec 15, 2020

Whenever the vacancy is filled by a person other than the most qualified senior eligible employee bidding on the job, the institution superintendent or his representative will explain to the most qualified … Arbitrator Colflesh deemed that the relief posts should also be awarded to a qualified senior bidder under the terms of the CBA.

R. Romutis v. Borough of Ellwood City

Commonwealth Court of Pennsylvania · Feb 10, 2021

examination, and/or (c) that the Commission certified him to the Borough as qualified for the position of chief of police before the Borough hired him to that position. … Clearly, Section 1190(a) of the Borough Code2 is a “just cause” or “tenure” provision, and it requires that police officers, including the chief of police, be discharged solely for the reasons enumerated therein.

Southeastern Pennsylvania Transportation Authority v. Transport Workers' Union

105 Pa. Commw. 436 · Commonwealth Court of Pennsylvania · Apr 24, 1987

. §600.301(a)(7), declares it to be the policy of the Commonwealth to “promote the public safety, convenience and welfare” by the “establishment of metropolitan transportation authorities.” … We believe the medical standards at issue here promote the declared public policy in favor of promoting transportation safety and clearly reflect the exercise of managerial discretion in the explicitly reserved area of “selection

Tressler Lutheran Service Associates, Inc. v. Commonwealth

100 Pa. Commw. 279 · Commonwealth Court of Pennsylvania · Sep 3, 1986

That clearly means restriction directly and expressly imposed by the donor as a condition of his gift or grant. … Funds designated by the Board for specific purposes (R.R. at 95a) do not qualify as donor restricted. No donor restricted funds were used in tbe offset calculation. R.R. at 94a-95a.

Latella v. Commonwealth

74 Pa. Commw. 14 · Commonwealth Court of Pennsylvania · Apr 29, 1983

Claimants clearly have not met this burden. … Postal Service regulations to qualify to carry legal advertising); Commonwealth v. Tarabilda, 222 Pa.

City of Philadelphia v. Workmen's Compensation Appeal Board

690 A.2d 1293 · Commonwealth Court of Pennsylvania · Mar 13, 1997

Thus, according to the City, Koppers stands for the proposition that at least eleven months is needed before a reasonable time period has elapsed to make a qualified decision regarding permanency. … Here the WCAB clearly recognized its scope of review in this matter and its ability to modify the WCJ’s award as justice may require to make it uniform with similar disfigurement awards.

Swartz v. Pennsylvania Department of Public Welfare

697 A.2d 588 · Commonwealth Court of Pennsylvania · Jun 24, 1997

DPW regulations clearly state that “if because of illness, infirmity ... a person is unable to apply for himself, ... … The CAO caseworker testified that she again advised both Swartz and her attorney that excess resources in the amount of $133,611 would have to be spent on unpaid medical bills in order to qualify for MA.

Cash America Net of Nevada, LLC v. Commonwealth

978 A.2d 1028 · Commonwealth Court of Pennsylvania · Jul 10, 2009

It averred that it is a limited liability company existing under the laws of Delaware and that it is qualified to do business in Nevada. … A statement of policy does not establish a binding norm. Id.

Greene County Children & Youth Services v. Department of Public Welfare

913 A.2d 974 · Commonwealth Court of Pennsylvania · Nov 28, 2006

The state regulations simply require that a child have one qualifying characteristic. … The evidence clearly is distinct from that presented in York County Children and Youth Services .

Greenwich Township v. Murtagh

659 A.2d 1083 · Commonwealth Court of Pennsylvania · May 26, 1995

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Clearly, the provisions of the GCAL and TCCAL reveal that the General Assembly, by legislative enactment, has granted directly to the Board and the County the authority to make municipal policy with respect to the supervision

USAir, Inc. v. Workmen's Compensation Appeal Board

160 Pa. Commw. 100 · Commonwealth Court of Pennsylvania · Nov 23, 1993

We rejected this argument, stating: The medical evidence presented by both parties clearly established, and the referee found, that Claimant was suffering from a preexisting condition aggravated by the requirements of his … . 736, as amended, 77 P.S. § 835, provides: Where any claim for compensation at issue before a referee involves twenty-five weeks or less of disability, either the employe or the employer may submit a certificate by any qualified

E. Graziano v. J. Wetzel, Sec., PA DOC

Commonwealth Court of Pennsylvania · Nov 9, 2021

The SCF sanction procedure clearly was issued to aid in maintaining internal security within the SCIs throughout the Commonwealth. … Our Supreme Court in Small clearly held that the RRA does not create a private cause of action. Small, 722 A.2d at 670.

Pennsylvania State Police v. McPherson

831 A.2d 800 · Commonwealth Court of Pennsylvania · Sep 8, 2003

This version of Section 6109 clearly provides no authority to the PSP to investigate the applicant and, pursuant to this version, our court in Gardner v. … This evidence clearly supports the conclusion that McPherson pled guilty to a portion of the statute which includes the use of physical force as an element.