Case law

Ford Ex Rel. Pringle v. Philadelphia Housing Authority

848 A.2d 1038 · Commonwealth Court of Pennsylvania · Mar 29, 2004

Clearly, Dr. Rosen addressed the question. As to the Authority’s contention that Dr. Rosen and Dr. … City of Philadelphia, 808 A.2d 978 (Pa.Cmwlth.2002). 10 .The Authority actually argues that Prin-gle’s claim was barred by sovereign immunity.

Banks Bros. v. Commonwealth, Department of Transportation

83 Pa. Commw. 37 · Commonwealth Court of Pennsylvania · Jun 4, 1984

However, the company presented no evidence to establish that the machinery could not “be moved without substantially destroying or diminishing its value.” … The alternative measure of damages set forth in §601-A(b) (2), which has a $10,000 ceiling, is therefore clearly inapplicable. Benkovitz v. Urban Redevelopment Authority of City of Pittsburgh, 56 Pa.

In Re Condemnation of 23.015 Acres More or Less Known as Tax Map Parcel No. 15-29-129 Lands N/L

895 A.2d 76 · Commonwealth Court of Pennsylvania · Feb 28, 2006

Section 705(2)(i) of the Eminent Domain Code permits a qualified valuation expert to testify as to the “price and other terms of any sale or contract to sell the condemned property ... made within a reasonable time before … These rulings clearly affected the outcome of the case, and the Showalters were entitled to a new trial on damages.

N. Fick v. Lt. Col. G. Bivens, Acting Comm'r., PSP

Commonwealth Court of Pennsylvania · May 28, 2026

Act 235 qualification certification applicants are clearly on notice that if they have been convicted of a crime of violence as defined in Section 21.1 of PSP’s Regulations, they will not qualify for a 27 … Even if an Act 235 qualification certification is a qualifying liberty interest or property right, then this Court must determine whether the due process PSP’s Regulations offers is fair.

A. G. Cullen Construction, Inc. v. State System of Higher Education

898 A.2d 1145 · Commonwealth Court of Pennsylvania · Mar 15, 2006

It does not, however, clearly explain the foundation for this statement. Nevertheless, we believe this assertion lacks merit. … Based on this experience, we believe Thomas would likely qualify as an expert witness qualified to render expert opinion testimony concerning the cause and extent of delays associated with a large scale construction project

In Re Incorporation of the Borough of Chilton

166 Pa. Commw. 28 · Commonwealth Court of Pennsylvania · Jul 13, 1994

Committee as follows: (c) Such committee shall, within sixty days of its creation, advise the court in relation to the establishment of the proposed borough. … The Court held that a township does not qualify as a municipality and therefore cannot be an incorporated municipality, despite its exercise of certain powers that are quasi-corporate in nature.

J.E. Archer v. Rockwood Area SD & Somerset Area SD

Commonwealth Court of Pennsylvania · Mar 31, 2021

Nassif Qualified Personal Residence : Trust, Susan A. Jurik, Kurt J. Lesker III, William J. : Lloyd, David P. Mendis, Lisa B. Mendis, Joseph C. : Metzgar, Lynette E. Metzgar, Erin Morris, Michael A. … The Deputy Secretary explained that [t]he legislature clearly envisioned a mechanism to create independent school districts predicated upon an existing student population that would

Jae v. Good

946 A.2d 802 · Commonwealth Court of Pennsylvania · Apr 21, 2008

Section 6602(f) of the PLRA does not establish substantive law but is entirely procedural because it relates to payment of court filing fees. … The statute will only be declared unconstitutional if it clearly, palpably and plainly violates the constitution. Payne v. Department of Corrections, 582 Pa. 375, 383 , 871 A.2d 795, 800 (2005).

R. Mercaldo v. Department of Corrections

Commonwealth Court of Pennsylvania · Jul 16, 2025

DOC rejoins that Petitioner has failed to establish that DOC is liable for his loss, arguing that there is no vicarious liability for actions of supervised employees. Id. … defense; and whether the act fits within one of the nine exceptions to sovereign immunity.”

Levy v. Commonwealth

41 Pa. Commw. 356 · Commonwealth Court of Pennsylvania · Mar 23, 1979

Clearly, this standard was not intended to classify all children with IQ’s of less than 80 as mentally retarded. … Plainly then she does not qualify as a brain injured/learning disabled pupil.

T.S. Harrison v. Lancaster Parking Authority

Commonwealth Court of Pennsylvania · Apr 7, 2026

A demurrer “tests the legal sufficiency of the challenged pleading and will be sustained only where the pleader has clearly failed to state a claim for which relief can be granted.” Torres v. … Clearly, the procedural twists and turns in this case have resulted in a confusing and muddled record.

In Re Petition for Agenda Initiative

821 A.2d 203 · Commonwealth Court of Pennsylvania · May 20, 2003

However, Flaherty did not establish a per se rule that printed signatures are invalid. … Each proposed ordinance shall be germane to County government and limited to one subject which shall be clearly expressed in its title.

A. & D. Carunchio v. Swarthmore Borough Council & Headstrong Foundation

Commonwealth Court of Pennsylvania · Aug 11, 2020

Dutton’s grandson’s immune system was compromised due to his treatment. (Id. at 69a-70a.) 3 While the nature of the witness’s doctorate has not been explained, we will refer to the witness as “Dr. … McFadden appeared to incorrectly assume that just because the patients would qualify as handicapped under the FHAA, they would all require accessible facilities.

Appeal of R.C. Maxwell Co. from Decision of Warminster Township Zoning Hearing Board

120 Pa. Commw. 251 · Commonwealth Court of Pennsylvania · Oct 6, 1988

The burden of establishing that a special exception should be granted and that it will not be injurious to the public interest is on the applicant. 4. … In order to qualify for a variance an applicant must satisfy the stringent standards of Section 912 of the' Pennsylvania Municipalities.Planning Code, 6 53 P.S. §10912.

Whymeyer v. Commonwealth, Department of State, Bureau of Professional & Occupational Affairs, State Registration Board for Professional Engineers, Land Surveyors & Geologists

997 A.2d 1254 · Commonwealth Court of Pennsylvania · Jun 22, 2010

The dispute here centers on whether Why-meyer’s electrical engineering degree from the University of Scranton (University) *1256 qualifies him to sit for that first examination. … Clearly, to the extent that the Board does not rely exclusively on ABET accreditation but exercises its independent judgment regarding an engineering program that lacks ABET approval, the regulation at 49 Pa.

General Electric Corp. v. Commonwealth

18 Pa. Commw. 316 · Commonwealth Court of Pennsylvania · Mar 27, 1975

have increased their R-classification during their long years of employment with GE if they had just made the attempt and qualified. … Likewise, if this record disclosed that GE had set about on a course of action to establish women’s jobs in a lower classification with a design to give preference to male employes, the result would be different.

H. Freilich v. SEPTA

Commonwealth Court of Pennsylvania · Jul 6, 2023

Appellant has not met her burden of establishing that the [Judicial Code’s] damages cap clearly, palpably and plainly violates [a]rticle I, [s]ection 6. … [The plaintiff] has not met her burden of establishing that the [Judicial Code’s] damages cap clearly, palpably and plainly violates [a]rticle I, [s]ection 6.”

E. Appel v. GWC Warranty Corp. (WCAB)

Commonwealth Court of Pennsylvania · Mar 17, 2023

to continually establish that medical treatment of that compensable injury is causally related because the injury for which the claimant is treating has already been established. … And of particular relevance here, the MMA contains an immunity provision protecting patients from government sanctions.

Alaska Structures, Inc. v. Department of General Services

979 A.2d 982 · Commonwealth Court of Pennsylvania · Aug 24, 2009

An “external procurement activity” is “[a] buying organization not located in this Commonwealth which if located in this Commonwealth would qualify as a public procurement unit” Id. … In his September 17, 2008 response to Alaska Structures’ protest, he clearly distinguished the procurement itself and the subsequently issued purchase order.

Pope & Talbot, Inc. v. Unemployment Compensation Board of Review

686 A.2d 893 · Commonwealth Court of Pennsylvania · Dec 17, 1996

Unemployment Compensation Board of Review, 505 Pa. 480 , 489 n. 5, 480 A.2d 1000, 1005, n. 5 (1984): Vrotney by its express language qualified the length of time during which this status quo must be maintained by stating: … In a letter dated April 14, 1995, Employer expressed its belief that “the parties are now clearly at an impasse .... ” (R.R. 82a.)