Case law

Ream v. Commonwealth, Department of Public Welfare

93 Pa. Commw. 190 · Commonwealth Court of Pennsylvania · Nov 26, 1985

Code §255.2 as meaning when eligibility for benefits is established. … Code §255.2 is clearly erroneous and in conflict with the intent and purpose of the Public. Welfare Code. “Eligible” as used in 55 Pa.

Pender v. Susquehanna Township

933 A.2d 1085 · Commonwealth Court of Pennsylvania · Oct 9, 2007

immunity. 4 The trial court also considered the language contained in questions No. 1 and 8 of the verdict sheet. … Rather, to establish willful misconduct, it must be shown the officer intended to commit the intentional tort. Id.

Joint Bargaining Committee of Pennsylvania Social Services Union v. Commonwealth

109 Pa. Commw. 11 · Commonwealth Court of Pennsylvania · Aug 27, 1987

The pertinent provision of this agreement reads as follows: It is the intent of the parties that an unfunded reserve account shall be established by the Employer. … simply seek to restrain state officials from performing affirmative acts are not within the rule of immunity.

B.J. Chasan, Esq. v. W.H. Platt, Esq.

Commonwealth Court of Pennsylvania · Dec 14, 2020

Demurrer It is well established that “preliminary objections in the nature of a demurrer admi[t] all well-pleaded, material and relevant facts in the complaint.” Unger v. … Further, “Pennsylvania courts have long recognized a limited exception to this rule and have allowed parties to plead the affirmative defense of immunity as a preliminary objection where the defense is clearly applicable

Lykins v. Workmen's Compensation Appeal Board

671 A.2d 253 · Commonwealth Court of Pennsylvania · Jan 25, 1996

The right to collect workers’ compensation and unemployment compensation benefits is clearly a substantive right that, in the absence of the clearly expressed intent of the legislature, cannot be abrogated by retroactive … Section 306(c), 77 P.S. § 513, establishes the benefit rates for specific loss injuries; Section 307, 77 P.S. § 561, involves compensation to certain individual upon the death of an employee. .

Miller v. Allegheny County Health Department

32 Pa. Commw. 454 · Commonwealth Court of Pennsylvania · Nov 21, 1977

Under that system, a total of 20 or more points renders the structure unfit for human habitation and qualifies the tenant for rent withholding. … Department has clearly set a stricter standard for determining “fitness for human habitation” with respect to the return of escrow money than it has for determining “fitness for human habitation” for the purpose of qualifying

Wells v. Harrisburg Area School District

884 A.2d 946 · Commonwealth Court of Pennsylvania · Oct 12, 2005

There are limited exceptions to such immunity. … Testimony at trial established that the wood could have been traveling over 100 miles per hour when it hit Wells. 7 . There is also apparently no dispute that the saw has not been moved since 1985. 8 .

Dashner v. Hamburg Center of the Department of Public Welfare

845 A.2d 935 · Commonwealth Court of Pennsylvania · Mar 12, 2004

In that regard, our supreme court stated, “Institutions do not act on their own, but through the creation and enforcement of policies established by their officers and employees.” Id. … The Hamburg Center’s motion for summary judgment clearly alleges that the parents failed to produce evidence to establish that the Hamburg Center breached professional standards of conduct, that Muthersbaugh had a history

S. York v. A. Kanan and W. Jackson

Commonwealth Court of Pennsylvania · Jul 13, 2023

The trial court reviewed the verdict slip, which clearly listed four separate questions. Id. See also S.R.R. at 1b-2b. … As such, we find no error in these jury instructions when they “clearly and accurately explain[] the relevant law.” Id.

Stahl v. Cocalico School District

112 Pa. Commw. 50 · Commonwealth Court of Pennsylvania · Dec 17, 1987

A demurrer can only be sustained where the complaint is clearly insufficient to establish the pleaders right to relief. County of Allegheny v. Commonwealth, 507 Pa. 360 , 490 A.2d 402 (1985). … Since sustaining a demurrer results in a denial of the pleaders claim, a demurrer should be sustained only in cases that clearly and without doubt foil to state a claim for which relief may be granted.

In Re Septa Mvfrl Interest Litigation

996 A.2d 1099 · Commonwealth Court of Pennsylvania · May 28, 2010

At best, the obligation follows indirectly from the Section 1787 filing made with the Department of Transportation to qualify as a self-insurer. … The Assigned Claims Plan is a statutory facility established in Subchapter E of the MVFRL, 75 Pa.C.S. §§ 1751-1757.

Smith v. Keim

8 Pa. Commw. 610 · Commonwealth Court of Pennsylvania · Apr 30, 1973

He contended that service of the *613 additional six months automatically by operation of the statute established Ms permanent status. … The uncontroverted evidence clearly demonstrates appellant’s role in the events which brings him before us. It was he who sought grace time to prove his fitness.

Goldsborough v. Commonwealth

133 Pa. Commw. 487 · Commonwealth Court of Pennsylvania · Jun 18, 1990

Section 27 of Article I of the Pennsylvania Constitution establishes for the citizens of the Commonwealth the following environmental rights: § 27. … Section 8521 of the Judicial Code refers to Sovereign Immunity, which applies only to Commonwealth agencies. Section 8541 refers to Governmental Immunity and applies only to local agencies. 42 Pa.C.S. §§ 8521, 8541. .

Blue Comet Diner v. Pennsylvania Human Relations Commission

905 A.2d 1058 · Commonwealth Court of Pennsylvania · Jul 28, 2006

. § 101. 11 The Commission follows these fundamental administrative law principles with respect to the establishment of a valid and enforceable consent order. In Pennsylvania Human Relations Commission v. Ammon K. … Clearly the present dispute would have been avoided entirely if Blue Comet had reinstated Seliga in accordance with the terms of the Settlement Agreement.

Triage, Inc. v. Commonwealth

113 Pa. Commw. 348 · Commonwealth Court of Pennsylvania · Feb 10, 1988

limitations was tolled. 9 *356 Regarding the timeliness of DOTs preliminary objections, we recognize that the petition for review was filed by Triage on May 12, 1987 and that DOT filed preliminary objections on June 15, 1987, clearly … sovereign immunity in preliminary objections if the defense of sovereign immunity is clear on the face of the pleadings, Ziccardi v.

Germantown Savings Bank v. City of Philadelphia

98 Pa. Commw. 508 · Commonwealth Court of Pennsylvania · Jul 7, 1986

losses are privately insured to be treated in one way, while those plaintiffs-against-the government who do not have insurance are treated in another. 3 Preliminarily, we note that “one bears a heavy burden when he seeks to establish … Legislation will survive such an attack absent a showing that it ‘clearly, palpably,. and plainly violates the Constitution,’. . . and any uncertainty must *513 be resolved in favor of its validity.” Lyles v.

Brunson v. COM., UNEMPLOYMENT BD.

131 Pa. Commw. 462 · Commonwealth Court of Pennsylvania · Feb 22, 1990

This Court is not persuaded by Claimant’s argument as the Act clearly states that custodian of the record need not testify as long as a qualified witness testifies to identity of the report and the mode of its preparation … Clearly, there is sufficient evidence of record to support the conclusion of willful misconduct. Kentucky Fried Chicken of Altoona, Inc. v.

Buschman v. Druck

139 Pa. Commw. 182 · Commonwealth Court of Pennsylvania · Apr 15, 1991

Indeed, if the rationale of this case is applied to other governmental immunity exceptions, including those pertaining to the Commonwealth, the joint tortfeasor liability of any governmental unit will be difficult to establish … and governmental immunity.

South Hills Catholic Academy v. DHS

Commonwealth Court of Pennsylvania · Jan 11, 2024

Private School also argues it should be immune from the Department’s oversight due to its rights under various religious freedom clauses in the United States and Pennsylvania Constitutions. … Elizabeth’s clearly refutes those arguments. The remainder of Private School’s arguments attempt to distinguish St.

M. Rodriguez v. PA Housing Finance Agency

Commonwealth Court of Pennsylvania · Nov 19, 2025

In Section 9058d(c)(1) of the Act, Congress declared: (c) Establishment of Fund (1) Establishment; qualified expenses There is established in the [United States (U.S.)] … As in Rothrock, Petitioner was clearly on notice of the reason for the denial of her application as well as of her opportunity to supplement the record if she believed factual issues existed as to this issue.