Case law

Washington Twp. Independent S.D. v. PA State Bd. of Ed.

Commonwealth Court of Pennsylvania · Jun 4, 2020

Instead, the two frameworks clearly have overlapping aspects and, therefore, must be considered in conjunction with one another, where possible. … Eshbach qualified the remarks in his report to a small degree at the hearing by testifying that although the addition of students to Wellsville Elementary School will not require additions

S. Donahue v. DHS

Commonwealth Court of Pennsylvania · Jun 23, 2025

“The purpose of mandamus is not to establish rights or to compel performance of discretionary acts but, instead, to enforce rights that have been clearly established.” … Donahue maintains that he need not establish disparate treatment, Mr.

M. Bedolla-Comacho v. M. Garman, Facility Mgr. of S.C.I. Rockview

Commonwealth Court of Pennsylvania · Jan 29, 2024

Mandamus is not the vehicle to establish a right or to compel performance of discretionary acts but, instead, to enforce rights that have been clearly established. Id. … of any statute, ordinance, regulation, custom, or usage, of any [s]tate . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities

Twp. of Neshannock v. Kirila Contractors, Inc.

181 A.3d 467 · Commonwealth Court of Pennsylvania · Mar 5, 2018

This Court has held that government entities qualify for the protection of the attorney-client privilege. … Accordingly, “[a]bsence of waiver is one of the elements required to establish the privilege.” Bagwell v. Pa. Dep’t of Educ. (Bagwell I), 103 A.3d 409, 420 (Pa. Cmwlth. 2014).

M. Wei v. SCSC (Dept. of Health)

Commonwealth Court of Pennsylvania · Sep 18, 2015

Background and Procedural History Petitioner worked as an epidemiologist and was the data manager for the Pennsylvania Department of Health’s (Department) human immunodeficiency virus, acquired immune deficiency … Specifically, the Commission stated as follows: The [C]omission finds that the appointing authority’s evidence established that by failing to complete the HARS HIV/AIDS data conversion

I. Boguslavsky v. North Pocono S.D.

Commonwealth Court of Pennsylvania · Oct 23, 2025

He argues further that the Board has failed to establish appropriate standards for calculating municipal property valuations in scenarios in which a limited sample size is present, which contributes to the erroneous calculation … Accordingly, a tax enactment will not be invalidated unless it clearly, palpably, and plainly violates the Constitution. Clifton v.

Carmon Elliott v. Ted Cruz

Commonwealth Court of Pennsylvania · Apr 28, 2016

Moreover, this Constitutional design clearly served to insulate the Presidential election process from—not to commit it to—Congress and potential interference. … No doubt informed by this longstanding tradition, just three years after the drafting of the Constitution, the First Congress established that children born abroad to U.S. citizens were U.S. citizens at birth, and explicitly

P. Goodin v. Police Officer C. Fountas & Police Officer J. Thomas-Estrada

Commonwealth Court of Pennsylvania · Jun 22, 2026

Section 8550 of the Political Subdivision Tort Claims Act (Tort Claims Act) provides a police officer with official immunity from liability unless his conduct constitutes “willful misconduct.” 42 Pa.C.S. § 8550. … The Police first contend Goodin failed to establish their actions were both the cause in fact and the proximate cause of her injuries, both necessary to establish causation.4 Regarding proximate causation, the Police assert

R.R. Hulshizer v. UCBR

Commonwealth Court of Pennsylvania · Feb 18, 2020

Claimant testified that he has an immune system problem and that two months after he began working for Employer he began to develop skin lesions and other symptoms. … The burden then shifted to Claimant to establish good cause for his conduct.

Wayco Sand and Gravel v. DEP & P. Karnick

Commonwealth Court of Pennsylvania · Jan 6, 2020

EHB also qualified DEP Surface Mine Conservation Inspection Supervisor Gary Latsha as an expert in noncoal surface mining reclamation. … To the contrary, the instant proceedings are clearly Landowner’s appeals of DEP’s approval of the Stage I and II bond release, which were clearly timely filed under Section 1021.52(a)(2)(ii) of EHB’s regulations.

PA Dept. of Revenue v. M. Haverstick (OOR)

Commonwealth Court of Pennsylvania · Jan 9, 2025

According to Department, “[a]ny amounts that are retained by the retailer under these provisions is clearly considered taxable compensation under Pennsylvania law . . . … [and d]isclosing these amounts would clearly disclose [the retailer’s] personal income.” (Id. at 27 (citing Section 303 of the Tax Reform Code of 1971, 72 P.S. § 7303(a)16).)

County of Somerset, PA v. A.F. DeLuca, Somerset County Treasurer

Commonwealth Court of Pennsylvania · May 12, 2026

C.S. §12301(a)(1) and (3) (“In each county, the following officers shall be elected by the qualified electors of the county: (1) Three county commissioners [; . . . and] (3) One treasurer.”). … The statute does not clearly provide, and the parties disagree about, the extent to which ms=False&docSource=a5d4697059ac464d9a6ad51a3d3bf8ed&ppcid=fa7a26fedf174d7e8efaca646a 0ed254 (last visited May 11, 2026).

Grimaud v. Pennsylvania Insurance Department

995 A.2d 391 · Commonwealth Court of Pennsylvania · Apr 28, 2010

Beaver Logging must compete with other logging businesses and different businesses in hiring and retaining qualified truck drivers. … The burden to overcome the presumption is heavy: “[A] statute will not be declared unconstitutional unless it clearly, palpably, and plainly violated the Constitution [and a]ll doubts are to be resolved in favor of finding

D.P. Becknauld v. PA Dept. of Agriculture

Commonwealth Court of Pennsylvania · Jan 4, 2017

Clearly, the Department was seeking dismissal of both claims/counts. case must be clear and free from doubt.” Jones v. Chieffo, 664 A.2d 1091, 1093 n.2 (Pa. … a ‘qualified individual,’ and (3) has suffered an adverse employment action because of that disability.

Nixon v. Commonwealth, Department of Public Welfare

789 A.2d 376 · Commonwealth Court of Pennsylvania · Dec 11, 2001

RHD averred that the Act has interfered with its ability to hire and retain the best qualified employees and has adversely impacted upon its ability to provide services to its clients. … Although Petitioners attack the constitutionality of the Act's amendments, the Pennsylvania Supreme Court has consistently stated that "[l]egislation will not be invalidated unless it clearly, palpably, and plainly violates

County of Fulton v. Sec'y. of the Com.

Commonwealth Court of Pennsylvania · May 23, 2022

To make a request, the applicant vendor’s system must satisfy “any system performance and test standards established by the Federal Government.” Id. … The “fraudulent, in bad faith, an abuse of discretion or clearly arbitrary” standard was recited in the context of a demurrer to a mandamus action. Banfield, 110 A.3d at 175.

K. Hartman v. Housing Authority of the County of Lawrence

Commonwealth Court of Pennsylvania · Nov 2, 2023

While the trial court correctly noted that the Pennsylvania Rules of Civil Procedure do not apply in statutory appeals under the Local Agency Law, our Supreme Court has clearly established that in the absence of a specific … Court noted a converse rule as well: Similarly, where a defendant has filed for judgment on the pleadings admitting liability but asserting an avoidance defense, e.g. statutory immunity

Teamsters Local 776 v. PLRB

Commonwealth Court of Pennsylvania · Jan 8, 2026

bargain collectively with county commissioners, or other management representatives of the courts, concerning the financial terms of employment,” but also acknowledged that “PERA cannot constitutionally be interpreted as immunizing … The narrow holding of Teamsters Local 115 is clearly inapplicable here. In this case, as in Beckert and Cook, a single employee, i.e., Bayles, was terminated.

C. Freedman v. WCAB (Starr Restaurant)

Commonwealth Court of Pennsylvania · Feb 22, 2016

The law is well established that “[t]he WCJ is the ultimate factfinder and has exclusive province over questions of credibility and evidentiary weight.” Univ. of Pa. v. Workers’ Comp. Appeal Bd. … She is not qualified to dispense medications. Defense expert Dr. Rieger is an M.D. and can prescribe medications.

A.S. Twitty v. The Pa. Dep't of Corr.

Commonwealth Court of Pennsylvania · Sep 25, 2025

It tests the legal sufficiency of the challenged pleadings and will be sustained only in cases where the pleader has clearly failed to state a claim for which relief can be granted … The Amended PFR also fails, DOC alleges, to establish the role of DOC in the unknown maintenance worker’s use of inmate laborers to perform the allegedly inadequate repairs of the unspecified recurring problem.