Case law

Nat'l. Election Defense Coalition v. K. Boockvar, Sec'y. of the Com.

Commonwealth Court of Pennsylvania · Oct 18, 2021

The Individual Petitioners live in, and are duly qualified electors of, Philadelphia and Northampton Counties. (Petition ¶¶ 18-31.) … As all voting systems are imperfect and not immune from tampering, the Election Code cannot be read to impose a requirement that cannot be achieved.

Consolidated Rail Corp. v. Pennsylvania Human Relations Commission

136 Pa. Commw. 147 · Commonwealth Court of Pennsylvania · Nov 13, 1990

The prima facie case is established by showing: (i) that [the plaintiff] belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his … Drumheiser was clearly qualified as an engineer since he was performing those duties for many years. Fourth, Conrail had a continuing need for the services of engineers. After Mr.

Schreck v. North Codorus Township

126 Pa. Commw. 407 · Commonwealth Court of Pennsylvania · Jun 9, 1989

A motion for summary judgment may properly be granted when the moving party establishes that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law. Harding v. Galyias, 117 Pa. … Thus, the rule clearly contemplates the filing of a motion for summary judgment based upon discovery materials, as was done here.

Thornton v. Philadelphia Housing Authority

4 A.3d 1143 · Commonwealth Court of Pennsylvania · Sep 23, 2010

Because the dangerous condition must derive or originate from the Commonwealth property, the shoe lace from which decedent hung himself did not qualify as a dangerous condition. … When a party seeks summary judgment, a court shall enter judgment whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense that could be established by additional

Children's Rehabilitation Center, Inc. v. County of Allegheny

44 Pa. Commw. 172 · Commonwealth Court of Pennsylvania · Jul 10, 1979

Pennsylvania Department of Highways, 479 Pa. 384 , 388 A.2d 709 (1978), that the Commonwealth is no longer immune from suit by virtue of the common law doctrine of sovereign immunity, and (2) since the Board of Arbitration … of Claims was established to provide a forum for obtaining a remedy against the Commonwealth where none existed due to the sovereign’s immunity.

City of Philadelphia v. Pennsylvania Human Relations Commission

684 A.2d 204 · Commonwealth Court of Pennsylvania · Sep 30, 1996

On appeal, 4 the City argues that the Commission erred in concluding that section 623(j) of the ADEA, 29 U.S.C. § 623 (j), 5 did not preempt the PHRA with respect to the establishment of age limitations for hiring law enforcement … Thus, like the sovereign immunity provisions of the Judicial Code, 10 the PSTCA does not prevent an action under the PHRA. See Verde v.

Ebersole v. Southeastern Pennsylvania Transportation Authority

111 A.3d 286 · Commonwealth Court of Pennsylvania · Mar 12, 2015

As the majority acknowledges, Schultz left open the question of whether a parent can recover non-pecuniary damages where the Sovereign Immunity Act is not implicated. … upon the death of a parent or a child where the evidence establishes the negligence of another as its cause.”

County of Schuylkill v. Maurer

113 Pa. Commw. 54 · Commonwealth Court of Pennsylvania · Jan 26, 1988

Summary judgment is only appropriate when, after examining the record in the light most favorable to the nonmoving party, there is no genuine issue of material feet and the moving party clearly establishes that he is entitled … immunity now contained in the Judicial Code, 42 Pa.

Majestic v. Com., Dept. of Transp.

144 Pa. Commw. 109 · Commonwealth Court of Pennsylvania · Dec 10, 1991

The Township and the School District both asserted immunity from suit under the provisions of Section 8541 of the Judicial Code, 42 Pa.C.S. § 8541, which pertains to governmental immunity. … We interpret this Section as being evidence of an intent on the part of the General Assembly to exempt the sovereign from immunity only in specific, clearly-stated situations and that it is our duty, therefore, to strictly

Department of Environmental Resources v. Bowman

667 A.2d 499 · Commonwealth Court of Pennsylvania · Nov 20, 1995

The Commission 5 found that, based on Bowman’s nine years of work at Ricketts Glen, Bowman possessed clearly superior qualifying experience for appointment to the permanent Park Ranger 2 position; in that regard, the Commission … Thus, Bowman established a prima facie case of sex discrimination.

Sunbeam Coal Corp. v. Department of Environmental Resources

8 Pa. Commw. 622 · Commonwealth Court of Pennsylvania · May 4, 1973

. §1710.2: “(a) ‘Adjudication’ means any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities or obligations of any or all of the parties to the … Clearly, therefore, the notices here were not adjudications or actions which require hearings and engender review by administrative boards or courts of record.

Clark v. Beard

918 A.2d 155 · Commonwealth Court of Pennsylvania · Feb 13, 2007

Sovereign immunity is not available as a defense in an action under 42 U.S.C. § 1983 . Owens . However, prison officials do have qualified immunity in actions for damages under 42 U.S.C. § 1983 . Procunier v. … Qualified immunity is not available if the officials knew or reasonably should have known that the action taken would violate the constitutional rights of the inmate. Id. .

White v. Moto Laverda (SRL)

152 Pa. Commw. 488 · Commonwealth Court of Pennsylvania · Jan 6, 1993

Appellants contend that the common pleas court erred in granting the motion for judgment on the pleadings because Section 8542(b)(1) of the Judicial Code, 42 Pa.C.S. § 8542(b)(1), 3 clearly imposes liability upon the police … This is so “because the legislative scheme of immunity consistently excludes all criminal acts from liability....” Id. In Dickens v.

Stumpp v. Stroudsburg Municipal Authority

166 Pa. Commw. 554 · Commonwealth Court of Pennsylvania · Nov 18, 1994

Next, Stumpp maintains that his discharge “may have been the result of age discrimination and/or ill will/malice” which, if proven, would clearly constitute a violation of his “personal rights, privileges and immunities,” … Clearly, Stumpp is entitled to have a *560 hearing to establish his reasonable reliance upon the Authority’s representations.

Farrell Area School District & Farrell Area Day Care Center v. Deiger

88 Pa. Commw. 431 · Commonwealth Court of Pennsylvania · Apr 1, 1985

We hold, therefore, that the Commission clearly erred as a matter of law in its conclusions of law 10 and 11. … These circumstances clearly do not give rise to an inference of unlawful discrimination. Complainant, therefore, has failed to meet his initial burden to establish a prima facie case.

Commonwealth v. Pennsylvania Coal Mining Ass'n

26 Pa. Commw. 348 · Commonwealth Court of Pennsylvania · Sep 10, 1976

Superior Ct. 221 , 173 A.2d 811 (1961): “ ‘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 equally clear from the record that several critical assumptions and projections were made in establishing the rates.

Gaudenzia, Inc. v. Zoning Board of Adjustment

4 Pa. Commw. 355 · Commonwealth Court of Pennsylvania · Feb 14, 1972

Gaudenzia is a non-profit Delaware corporation, qualified to do business in Pennsylvania. Gaudenzia operates a self-help rehabilitation program for drug addicts. Its main base of operation is located in Chester County. … The scope of review of this Court, in view of the fact that no additional testimony was taken in the court below, is to determine whether the Zoning Board of Adjustment clearly abused its discretion or committed an error

Peck v. Delaware County Board of Prison Inspectors

765 A.2d 1190 · Commonwealth Court of Pennsylvania · Jan 22, 2001

Levinson Steel Co., 302 Pa. 287 , 153 A. 424 (1930), and imposed five elements that must be established before statutory employer immunity exists. These elements are as follows: 1. … The government pled statutory employer immunity under the Pennsylvania Workers’ Compensation Act.

West v. Kuneck

167 Pa. Commw. 252 · Commonwealth Court of Pennsylvania · Sep 1, 1994

Mascaro, 514 Pa. at 363 , 523 A.2d at 1124 (emphasis in original). *978 Clearly, the alleged failure to provide markings on the surface of the parking lot is not an actual defect of the parking lot itself. … never established a direct nexus between that active negligence and the injury to Mrs.

Christian Literature Crusade, Inc. v. Board for the Assessment & Revision of Taxes

17 Pa. Commw. 63 · Commonwealth Court of Pennsylvania · Nov 15, 1974

By all of the standards set forth in both the majority and dissent in that controlling case, the uncontradicted evidence clearly establishes the tax exempt status of these residences. … Quite the contrary here, which makes this case more clearly qualify for the rule that whether the property is necessary is first and foremost a question for these managing the charity. Shadyside Hospital Appeal, 207 Pa.