Case law

Pennsylvania Housing Finance Agency v. Abreen Corp.

84 Pa. Commw. 571 · Commonwealth Court of Pennsylvania · Aug 20, 1982

Commonwealth, 462 Pa. 474 , 341 A.2d 481 (1975), established the analysis to be used in determining whether the various agencies and authorities created by the Pennsyl *575 vania General Assembly are to be considered “the … Thus the Commonwealth clearly lacks standing to assert any claim on this action, and its presence as a party here does not, create subject matter jurisdiction in this court.

Mazin v. BUREAU OF PROF. AND OCC. AFFAIRS

950 A.2d 382 · Commonwealth Court of Pennsylvania · Jun 10, 2008

sovereign immunity. … Initially, we do not believe that he has established a clear legal right to relief. Dr.

CANON-McMILLAN SCH. DIST. v. BIONI.

110 Pa. Commw. 584 · Commonwealth Court of Pennsylvania · Oct 30, 1987

If the verdict is clearly against the weight of the evidence, a new trial is compelled. Id. … These are the criteria established in Pennsylvania. See Justice v. Nesquehoning Valley Railroad Co., 87 Pa. 28 (1878).

Oliver v. City of Pittsburgh

977 A.2d 1232 · Commonwealth Court of Pennsylvania · Jul 17, 2009

Unlike the Workers’ Compensation Act, enactment was motivated by the best interest of the public employer, i.e., the promise of full income to employees in a hazardous industry could serve to attract qualified individuals … On appeal, we stated: Section 23 of Act 44 does not, as Claimant contends, make a governmental employer immune from subrogation.

Leiphart v. City of Philadelphia

972 A.2d 1239 · Commonwealth Court of Pennsylvania · Mar 23, 2009

Unless clearly so intended, the term shall not include any street in any city, borough or incorporated town, even though the same may have been taken over as a State highway. (Emphasis added.) … Finally, the negligent action must fall within one of the exceptions to governmental immunity set forth in 42 Pa.C.S. § 8542(b).” Lindstrom v. City of Corry, 563 Pa. 579 , 763 A.2d 394 (2000).

Sanchez ex rel. Rivera v. Montanez

165 Pa. Commw. 381 · Commonwealth Court of Pennsylvania · Jun 27, 1994

For its part, CAP counters that the language of the federal statute under which it was established, the Economic Opportunity Act of 1964 (Economic Opportunity Act), 4 tends to prove that the federal government regarded government … These provisions seem to contravene Sanchez’s assertion that CAP is not a governmental unit because, pursuant to the federal Economic Opportunity Act, CAP is clearly a private, nonprofit agency designated by a political subdivision

Foster v. City of Pittsburgh

162 Pa. Commw. 553 · Commonwealth Court of Pennsylvania · Mar 17, 1994

Nonsuit may be granted only where a plaintiff has failed to establish a right to relief. … City of Philadelphia, 531 Pa. 400, 613 A.2d 1178 (1992), a case under the traffic controls exception 1 to immunity filed the same day as Dickens , the Supreme Court clearly stated that joint liability may be imposed upon

Barr v. City & County of Philadelphia

653 A.2d 1374 · Commonwealth Court of Pennsylvania · Jan 27, 1995

’s general imposition of landowner immunity and governmental immunity respectively. … “Evidence is relevant if it tends to establish facts in issue.” Monaci v. Workmen’s Compensation Appeal Board (Ward Trucking), 116 Pa.Commonwealth Ct. 172, 175, 541 A.2d 60, 62 (1988).

Simon v. Commonwealth

659 A.2d 631 · Commonwealth Court of Pennsylvania · May 22, 1995

Thereafter, the Commission filed an answer and new matter to the complaint raising the following affirmative defenses in its new matter: sovereign immunity, legislative immunity, specific statutory immunity, failure to give … This is clearly an unconscionable abrogation of a state protected constitutional right without procedural due process.

Capitol Associates v. School District of Harrisburg

684 A.2d 1119 · Commonwealth Court of Pennsylvania · Nov 13, 1996

This conclusion confuses the concepts of sovereign immunity and immunity or exemption from taxation. … Clearly, the exemptions cited above would be relevant only if HPA and DCGA were taxpayers subject to the tax.

Nestor v. Commonwealth

658 A.2d 829 · Commonwealth Court of Pennsylvania · Apr 17, 1995

Our Supreme Court has stated that, since the General Assembly intended to exempt the Commonwealth from immunity only in specific clearly defined situations, the real property exception to the Act must be strictly construed … Nonetheless, we conclude that, as a matter of law, the facts do not establish the existence of a dangerous condition of Commonwealth realty.

Meyer v. Community College of Beaver County

965 A.2d 406 · Commonwealth Court of Pennsylvania · Feb 11, 2009

Here, liability under the CPL is clearly not predicated on a negligent act within one of the eight categories of exceptions to immunity. 12 No one asserts otherwise. *413 Consequently, the College, as a local agency, is not … Our scope of review of a trial court's order granting or denying summary judgment is plenary, and our standard of review is clear: the trial court's order will be reversed only where it is established that the court committed

Laich v. Bracey

776 A.2d 1022 · Commonwealth Court of Pennsylvania · May 4, 2001

Moreover, the standard for summary judgment is well established. … Clearly, the trial court improperly granted Appellees’ motion for summary judgment without addressing Appellant’s other alleged damages.

Klotz v. Commonwealth

77 Pa. Commw. 134 · Commonwealth Court of Pennsylvania · Sep 13, 1983

. §1519(c), which provides that the Department shall recall the operating privilege of any person who has been established to be incompetent to drive. … shall cause an examination to be made or who shall designate any other qualified physician....

Chiro-Med Review Company v. Bureau of Workers'compensation

908 A.2d 980 · Commonwealth Court of Pennsylvania · Sep 28, 2006

to waive sovereign immunity. … It also observed that a court should defer to an agency's interpretation of its own regulation unless that interpretation is clearly erroneous and is inconsistent with the statute under which the regulation was promulgated

Appeal of Northwestern Corp.

665 A.2d 856 · Commonwealth Court of Pennsylvania · Sep 15, 1995

Once an entity seeking tax exemption establishes that it is a purely public charity within the meaning of Article VIII of the Pennsylvania Constitution, it must also establish that it meets the statutory requirements of Section … Clearly, the Riverview building is not regularly used and occupied for Northwestern’s broadly described mission which is to primarily raise funds and otherwise enable the establishment of organizations to treat the mentally

Leone v. Commonwealth, Department of Transportation

780 A.2d 754 · Commonwealth Court of Pennsylvania · Jul 9, 2001

The standard for reviewing a decision to grant a nonsuit is well established. … While the trial court’s procedural irregularity in admitting such evidence is clearly error, Appellants failed to raise any objection to its admission at the time of the trial.

LaChance v. Michael Baker Corp.

869 A.2d 1054 · Commonwealth Court of Pennsylvania · Feb 10, 2005

As such, the Estate did not establish a common law claim against PennDOT, a prerequisite to defeating a claim of sovereign immunity, and the trial court correctly granted summary judgment in favor of PennDOT. … Summary judgment is properly granted where there is no genuine issue of material fact as to a necessary element of a cause of action and the moving party has clearly established entitlement to judgment as a matter of law.

MFW Wine Co., LLC v. PA LCB

Commonwealth Court of Pennsylvania · May 27, 2022

nor prohibits sovereign immunity.” … The General Assembly declared that “the Commonwealth, and its officials and employees acting within the scope of their duties, shall continue to enjoy sovereign immunity and official immunity and remain immune from suit except

Township of Indiana v. Acquisitions & Mergers, Inc.

770 A.2d 364 · Commonwealth Court of Pennsylvania · Mar 19, 2001

We are not persuaded *373 that the moving party’s status as a governmental entity should exempt it from the established rules of civil and appellate procedure. … . § 8542, which established a set of governmental immunity exceptions similar to the exceptions granted under the sovereign immunity statute. 9 .