Case law

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.

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.

Peake v. Commonwealth

132 A.3d 506 · Commonwealth Court of Pennsylvania · Dec 30, 2015

The individual Petitioners aver that they are all fully qualified for employment in Act-covered facilities. Petition for Review, ¶6. … Analysis An act of the General Assembly is presumed to be valid and will not be declared unconstitutional unless it clearly, palpably and plainly violates the Constitution. Johnson v.

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.

Workmen's Compensation Appeal Board v. Universal Cyclops Specialty Steel Division of Cyclops Corp.

20 Pa. Commw. 261 · Commonwealth Court of Pennsylvania · Jul 15, 1975

Because claimant’s physician testified that his disability precluded a continuation in his prior job as a welder, the burden of proof was on appellant to establish that other positions for which claimant was qualified were … It is apparent to us that the referee accepted this evidence in finding that appellant had failed to prove that claimant was physically able to work as a watchman, and it is clearly sufficient to rebut appellant’s evidence

Greater Latrobe Area School District v. Pennsylvania State Education Ass'n

150 Pa. Commw. 441 · Commonwealth Court of Pennsylvania · Sep 10, 1992

, and the District retains the right to establish higher standards for teachers to meet in order to demonstrate that they are satisfactorily qualified. … The arbitrator stated in pertinent part: Here, very clearly, contractual rights were denied.... This should not happen again.

Philadelphia District Attorney's Office v. Stover

176 A.3d 1024 · Commonwealth Court of Pennsylvania · Sep 12, 2017

“In discerning whether records qualify as records ‘of’ a particular agency, we consider the subject-matter of the records. … “[A] record qualifies as ‘of’ an agency when that record documents a transaction or activity of the agency. ‘Documents’ means proves, supports [or] evidences.”

McCoy v. Roth

128 Pa. Commw. 374 · Commonwealth Court of Pennsylvania · Aug 31, 1989

Therefore, he argues the trial court erred in declaring the position of solicitor vacant as of February 1, 1989, when no successor solicitor had been appointed and qualified. … Following Roth’s presentation of her case and cross examination by McCoy, McCoy made a motion for dismissal in the nature of a nonsuit, asserting that Roth had failed to establish a right to relief.

Books v. Commonwealth

109 Pa. Commw. 25 · Commonwealth Court of Pennsylvania · Aug 27, 1987

This is clearly not so. Reasonable grounds exist when a person in the police officers shoes viewing these facts could conclude that Books was operating a vehicle under the influence of alcohol. Waldspurger v. … Once a refusal has been established, we need not concern ourselves with the operability or suitability of. the machine. Id. at 319 , 442 A.2d at 406-407 .

Northern Cambria SD v. Northern Cambria Education Support Professional Association, PSEA/NEA

180 A.3d 517 · Commonwealth Court of Pennsylvania · Mar 5, 2018

Among the qualified applicants, first priority is given to applicants from within the posted classification, second priority is given to other qualified applicants from within the bargaining unit, and third priority is given … to qualified substitute employees and new applicants.

Agresta v. Gillespie

158 Pa. Commw. 230 · Commonwealth Court of Pennsylvania · Aug 31, 1993

The City argues that because the instant case had not yet come to trial and was pending, once Chapter 21-700 was repealed, the bar to pleading immunity was removed; and alternatively, because immunity is never waived and … For a statement to qualify under this exception, it must be shown that the declarant witnessed, perceived or participated in the shocking event himself. Commonwealth v. Pronkoskie, 477 Pa. 132 , 383 A.2d 858 (1978).

Michael Facchiano Contracting, Inc. v. Pennsylvania Turnpike Commission

153 Pa. Commw. 138 · Commonwealth Court of Pennsylvania · Mar 12, 1993

constitutional validity of the acts of public bodies and officials, courts too often require strict compliance with the traditional requirements, developed long before the advent of the public authorities, *143 that the taxpayer establish … Merely because a governmental unit has chosen to perform its public functions through an authority rather than directly affords no basis for granting such an authority greater immunity from taxpayer challenge than the body

Winn v. Trans World Airlines, Inc.

75 Pa. Commw. 366 · Commonwealth Court of Pennsylvania · Jun 27, 1983

The Common Pleas Court’s action in placing upon Winn the burden of proving .superior ability for the positions was clearly erroneous. … Under the McDonnell-Douglas test, a complainant makes out a prima facie case of discrimination upon the establishment of four elements: 1) he is a member of a protected minority, 2) he applied for a job for which he was qualified

Kirk v. Commonwealth, Unemployment Compensation Board of Review

57 Pa. Commw. 92 · Commonwealth Court of Pennsylvania · Feb 25, 1981

that it clearly, plainly and palpably violated the Constitution. … This class of individuals, unemployed through no fault of their own, is clearly eligible.

McHale v. Cole

119 Pa. Commw. 319 · Commonwealth Court of Pennsylvania · Sep 8, 1988

We must determine that the Borough has met the burden of establishing *322 that it is entitled to summary judgment as a matter of law. … Youth Study Center, 514 Pa. 351 , 523 A.2d 1118 (1987), clearly entitles the Borough to summary judgment.

Commonwealth, Department of Transportation v. Commonwealth, Pennsylvania Human Relations Commission

84 Pa. Commw. 98 · Commonwealth Court of Pennsylvania · Jul 19, 1984

In the instant matter, it is clear that Complainant established a prima facie case. … DOT continued to seek qualified applicants.

Conroy v. City of Philadelphia

152 Pa. Commw. 486 · Commonwealth Court of Pennsylvania · Jan 6, 1993

The City filed a motion for summary judgment, which the common pleas court granted, concluding that “plaintiff has not established a duty of care as a necessary and material element to the alleged negligence.” … On appeal Conroy contends that the common pleas court erred by granting the motion for summary judgment because Section 8542(b)(1) of the Judicial Code, 42 Pa.C.S. § 8542(b)(1), clearly imposes liability upon the police for

Stout v. Workers' Compensation Appeal Board

948 A.2d 926 · Commonwealth Court of Pennsylvania · May 22, 2008

exclusive remedy provision of the Act. 2 This immunity defense is pertinent to Claimant’s current contention that Employer and Insurer conspired to subvert his third party recovery. … “This is so because the statute granting subrogation ‘clearly and unambiguously* provides that the employer ‘shall be subrogated’ to the employee’s right of recovery.”

Mendenhall v. Commonwealth

113 Pa. Commw. 550 · Commonwealth Court of Pennsylvania · Feb 19, 1988

that DOT was negligent in failing to post adequate signs along the road, in failing to maintain the yellow median line in the road, and in failing to keep the foliage cut back so that the existing curve sign could be seen clearly … As the Commonwealth notes in its brief, the statute that enumerates exceptions to sovereign immunity, 42 Pa. C. S. §8522, does not create an exception for negligent review of records.

Victoria Gardens Condominium Ass'n. v. Kennett Tp. of Chester

23 A.3d 1098 · Commonwealth Court of Pennsylvania · Apr 21, 2011

However, actions in mandamus are not subject to the defense of sovereign immunity. Sovereign immunity does not bar suits that seek to compel state officials to carry out their duties. … Cmwlth.2005) ("The Hanscoms in this case fail to demonstrate an established legal right to the [mandamus] relief they request.