Case law

Powell v. Pa. Bd. of Prob. & Parole

100 Pa. Commw. 7 · Commonwealth Court of Pennsylvania · Aug 14, 1986

The foregoing record of testimony clearly establishes that the examiner’s finding concerning official approval of the laboratory was based upon the personal experience of the examiner in his former position, rather than upon … The examiner elicited testimony from the parole agents on that score, but the agents evidenced no firsthand knowledge which could qualify them as such witnesses.

FOP Lodge No. 5 v. City of Philadelphia

Commonwealth Court of Pennsylvania · Nov 9, 2021

This is clearly an unconscionable abrogation of a state protected constitutional right without due process.” Id. at 639. … McElynn, 772 A.2d 68 (Pa. 2001) (holding that district attorneys enjoy high public official immunity and qualified immunity from all civil suits for damages); In re Dwyer, 406 A.2d 1355, 1359 (Pa. 1979) (“The public interest

Ptashkin v. Department of Public Welfare

731 A.2d 238 · Commonwealth Court of Pennsylvania · May 26, 1999

In Pennsylvania, Section 442.1 of the Public Welfare Code 2 authorizes DPW to establish such standards. … Although DPW clearly set forth the basis for its determination (and presumption) that Ptashkin transferred assets for less than fair market value and for the improper purposes of qualifying Ptash-kin for MA and avoiding “

Green Valley Dry Cleaners, Inc. v. Westmoreland County Industrial Development Corp.

832 A.2d 1143 · Commonwealth Court of Pennsylvania · Sep 4, 2003

Once complete, the WCIDC sells the lots to qualified businesses 2 at a discounted price. … As such, it was immune from Green Valley’s claims of negligence and fraud.

Vetri Navy Yard, LLC v. Dept. of Community & Economic Development of the Commonwealth of PA

189 A.3d 1137 · Commonwealth Court of Pennsylvania · Jul 16, 2018

The Act requires that a business be certified annually as “qualified” before it can claim KOZ benefits, and this certification process requires the business to establish, each year, that it “own[s] or lease[s] real property … Section 307(a) also addresses what a business must establish to be certified as “qualified.”

Winebarger v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

655 A.2d 1093 · Commonwealth Court of Pennsylvania · Mar 9, 1995

This Court affirmed the suspension, reiterating established law that “anything less than unqualified, unequivocal assent to chemical testing constitutes a refusal.” Id. at 481, 561 A.2d at 1342 . … Pa.Commonwealth Ct. 564, 625 A.2d 755 (1993), also relied upon by the trial court, we affirmed the suspension of a motorist who conditioned his acceptance upon the hospital assuming liability should he contract hepatitis or Acquired Immune

Albert Einstein Medical Center v. Pennsylvania Labor Relations Board

17 Pa. Commw. 91 · Commonwealth Court of Pennsylvania · Jan 3, 1975

Since *96 such contracts with previously uncovered institutions did not violate the Act at the time of their execution (prior to the effective date of the amendments), they are probably immune from attack after the effective … Gross held the title of supervisor, the PLRB found that his job characteris *100 tics did not meet the statutory definition, and this finding was clearly based upon substantial evidence.

Six L'S Packing Co. v. Workers' Compensation Appeal Board

2 A.3d 1268 · Commonwealth Court of Pennsylvania · Jul 23, 2010

Under the McDonald test, per the Board, Six L would not qualify as a statutory employer. Relying on Delich v. … It found that Six L qualified as a statutory employer under subsection (a) of Section 302 of the Act.

L. Irizarry v. City of Reading

Commonwealth Court of Pennsylvania · Apr 18, 2023

she qualifies for an exception to immunity. 42 Pa.C.S. §§ 8541, 8542. … To qualify for an exception to governmental immunity, all injured parties must meet two general requirements.

Marrero by Tabales v. Com.

709 A.2d 956 · Commonwealth Court of Pennsylvania · Mar 2, 1998

This statutory scheme does not “ ‘clearly, palpably, and plainly violate the Constitution’ ”.... … These laws provided for the establishment of common schools throughout the Commonwealth, and required elected school directors to establish such schools within their respective localities. Id.

Commonwealth, Department of Transportation v. Bailey

36 Pa. Commw. 643 · Commonwealth Court of Pennsylvania · Jul 21, 1978

Qualified personnel means a physician or a police officer who has received training in the use of such equipment in a training program approved by the secretary. … Bailey did not deny these observations; rather, he tried to establish a cause for this conduct other than intoxication.

McLoughlin v. Bradford County Board of Assessment

130 Pa. Commw. 409 · Commonwealth Court of Pennsylvania · Dec 29, 1989

Under the Act, qualifying land must be valued, for taxation purposes, not at its fair market value, but at its present use value____ This valuation mechanism permits the qualifying land located in an area subject to developmental … Section 3(a)(4) of the Act clearly prohibits a landowner from splitting a portion of the tract which had been used for a qualifying use prior to making application for a preferential assessment but that did not occur here

S.A. Finan & M.K. Finan as Trustees of the Finan Family Irrevocable Trust v. Pike County Conservation District

209 A.3d 1108 · Commonwealth Court of Pennsylvania · May 2, 2019

Pike CCD contends the plain language of the Law clearly confers Commonwealth agency status upon county conservation districts. In the alternative, Pike CCD claims status as a Commonwealth agency under Blount. … There, our Supreme Court analyzed whether the Philadelphia Parking Authority (PPA) qualified as a Commonwealth agency such that this Court was the court of original jurisdiction.

Costa v. Frye

138 Pa. Commw. 388 · Commonwealth Court of Pennsylvania · Mar 7, 1991

the factfinder, after reviewing the evidence and all reasonable inferences deducible therefrom in the light most favorable to the complainant, could not reasonably conclude that the elements of a cause of action have been established … Clearly, Frye’s conduct cannot be characterized as actions which were made possible only because Frye was a police officer.

Vargo v. Department of Corrections

715 A.2d 1233 · Commonwealth Court of Pennsylvania · Aug 4, 1998

We found that these documents “affect the State Police by establishing the duties and obligations of its personnel.” Gutman, 612 A.2d at 555 . 4 In Travaglia v. … Clearly, this testing has an impact upon the inmates, their visitors, and the prison staff.

Schell v. Guth

88 A.3d 1053 · Commonwealth Court of Pennsylvania · Mar 19, 2014

Having reviewed the extensive record on summary judgment under the standards set forth above governing both summary judgment and sovereign immunity, Guth and Barrett have met their burden of establishing both the lack of … Schell’s tort claims are clearly directed at events surrounding the criminal investigation, his arrest, and the prosecution of charges against him.

Elliott v. Commonwealth

82 Pa. Commw. 107 · Commonwealth Court of Pennsylvania · Apr 27, 1984

Our review of the record demonstrates that the employer clearly established the existence of the policy against disclosure of confidential information as well as the fact that claimant, through his own testimony, was familiar … by an agency or its acquisition, use or disposal of services or of supplies, materials, equipment or other property and any minute, order or deci *112 sion by an agency fixing the personal or property rights, privileges, immunities

In re Estate of Schram

696 A.2d 1206 · Commonwealth Court of Pennsylvania · Jun 30, 1997

The County says first that it is immune, by the Political Subdivision Tort Claims Act, 42 Pa.C.S. § 8641, et seq. … has established a course of conduct which approves of the way this business was being operated.

Yackobovitz v. Southeastern Pennsylvania Transportation Authority

139 Pa. Commw. 157 · Commonwealth Court of Pennsylvania · Apr 15, 1991

contained in 42 Pa.C.S. § 8522 relating to sovereign immunity. … Because the street railway crews excavate several inches from the ties, the eighteen-inch rule was established for a railway operator’s responsibility.

Dingel v. Commonwealth

14 Pa. Commw. 484 · Commonwealth Court of Pennsylvania · Jul 26, 1974

The claimant here argues that she has established such a prima facie case of availability by registering for work and declaring her availability for full time work, and she cites Sturdevant Unemployment Compensation Case … Moreover, she clearly indicated that she wanted to continue in the service of the State Police.