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17 Pennsylvania opinions name it 2 courts 1975–2021 1 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cagey, J., Aplt. v. PennDOTgreen1 sentence2021Id. at 6-7 (quoting Brooks, 243 A.3d at 970 (granting allocatur), and citing Renner v. Court of Common Pleas, 234 A.3d 411 , 417 (Pa. 2020) (reviewing an order sustaining preliminary objections on the basis of sovereign immunity and separation of powers but resolving the case based on separation of powers); Sutton v. Bickell, 220 A.3d 1027 , 1035 (affirming order sustaining preliminary objections on sovereign immunity grounds); Cagey v. Commonwealth, 179 A.3d 458, 468 (Pa. 2018) (reversing order granting motion for judgment on the pleadings on sovereign immunity grounds)). | 1 | 1 |
Cristea v. UCBRgreen1 sentence2018See Kull, 81 A.3d at 154 . 5 Appellees cite several recent unreported memorandum decisions of this Court in support of that assertion.2 See DeShields v. Bennet (Pa. Cmwlth., No. 1049 C.D. 2016, filed June 20, 2017) (holding trial court properly granted summary judgement in favor of the Department of Corrections on the basis of sovereign immunity where correctional officers acted within the course and scope of their employment when intentionally destroying confiscated items in amount in excess of that permitted to be possessed by inmate), appeal denied, 172 A.3d 148 (Pa. 2018); Wheeler v. Delba | 1 | 1 |
Kull v. Guissegreen1 sentence2018See Kull, 81 A.3d at 154 . 5 Appellees cite several recent unreported memorandum decisions of this Court in support of that assertion.2 See DeShields v. Bennet (Pa. Cmwlth., No. 1049 C.D. 2016, filed June 20, 2017) (holding trial court properly granted summary judgement in favor of the Department of Corrections on the basis of sovereign immunity where correctional officers acted within the course and scope of their employment when intentionally destroying confiscated items in amount in excess of that permitted to be possessed by inmate), appeal denied, 172 A.3d 148 (Pa. 2018); Wheeler v. Delba | 1 | 1 |
Feldman v. Hoffmangreen1 sentence2015See Feldman, 107 A.3d at 829, 835-36 . | 1 | 1 |
Brungard v. HARTMANgreen2 sentences1980See Brungard v. Hartman, 12 Pa.Cmwlth. 477 , 315 A.2d 913 (1974). 1980See Brungard v. Hartman, 12 Pa.Cmwlth. 477 , 315 A.2d 913 (1974). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mayle v. Pennsylvania Department of Highways
green
2 sentences1983In Mayle v. Pennsylvania Department of Highways, 479 Pa. 384 , 388 A.2d 709 (1978) the doctrine of sovereign immunity was abrogated. 1983In Mayle v. Pennsylvania Department of Highways, 479 Pa. 384 , 388 A.2d 709 (1978) the doctrine of sovereign immunity was abrogated. | 4 | 1978–1983 |
Cowden v. Aetna Casualty & Surety Co.
green
2 sentences1988In Cowden v. Aetna Casualty and Surety Company, 389 Pa. 459 , 134 A.2d 223 (1957), the Pennsylvania Supreme Court first recognized the cause of action of bad faith refusal to settle. 1988In Cowden v. Aetna Casualty and Surety Company, 389 Pa. 459 , 134 A.2d 223 (1957), the Pennsylvania Supreme Court first recognized the cause of action of bad faith refusal to settle. | 2 | 1988–1988 |
Mayle v. Pennsylvania Department of Highways
green
2 sentences1980This Court on October 6, 1979 granted the parties’ joint petition to vacate the Commonwealth Court’s order and remand the case in light of Mayle v. Pennsylvania Dept. of Highways, 479 Pa. 384 , 388 A.2d 709 (1978), application for reargument denied, 479 Pa. 411 , 390 A.2d 181 (1978) * and Act 152, Act of September 28, 1978, P.L. 788, §§ 1 et seq. 1980This Court on October 6, 1979 granted the parties’ joint petition to vacate the Commonwealth Court’s order and remand the case in light of Mayle v. Pennsylvania Dept. of Highways, 479 Pa. 384 , 388 A.2d 709 (1978), application for reargument denied, 479 Pa. 411 , 390 A.2d 181 (1978) * and Act 152, Act of September 28, 1978, P.L. 788, §§ 1 et seq. | 2 | 1980–1980 |
Cohen v. Beneficial Industrial Loan Corp.
green
1 sentence2021Id. at 6-7 (quoting Brooks, 243 A.3d at 970 (granting allocatur), and citing Renner v. Court of Common Pleas, 234 A.3d 411 , 417 (Pa. 2020) (reviewing an order sustaining preliminary objections on the basis of sovereign immunity and separation of powers but resolving the case based on separation of powers); Sutton v. Bickell, 220 A.3d 1027 , 1035 (affirming order sustaining preliminary objections on sovereign immunity grounds); Cagey v. Commonwealth, 179 A.3d 458, 468 (Pa. 2018) (reversing order granting motion for judgment on the pleadings on sovereign immunity grounds)). | 1 | 2021–2021 |
Commonwealth v. Cabiness
neutral
2 sentences2019Finally, based on the authorized and “not unexpected” nature of Trooper Lombardo’s actions, the Commonwealth Court held that it was irrelevant to the scope of employment analysis whether Trooper Lombardo’s conduct was [J-106-2018] - 13 “reasonable or not, intentional or not, tortious or not, carried out for an improper motive or not.” Id.8 We granted allowance of appeal to decide whether Trooper Lombardo was “acting within the scope of his employment throughout his entire encounter with the motorist, and thus entitled to JNOV on the basis of sovereign immunity.” Justice v. Lombardo, 187 A.3d 2 2019Finally, based on the authorized and "not unexpected" nature of Trooper Lombardo's actions, the Commonwealth Court held that it was irrelevant to the scope of employment analysis whether Trooper Lombardo's conduct was "reasonable or not, intentional or not, tortious or not, carried out for an improper motive or not." Id. 8 We granted allowance of appeal to decide whether Trooper Lombardo was "acting within the scope of his employment throughout his entire encounter with the motorist, and thus entitled to JNOV on the basis of sovereign immunity." Justice v. Lombardo , --- Pa. ----, 187 A.3d 206 | 1 | 2019–2019 |
Gallagher v. COM. OF PA., BUR. OF CORR.
green
1 sentence2018On appeal to this Court, the inmate argued that he “was in the custody and control of the Commonwealth by virtue of his status as a prisoner, thereby making himself the personal property of the Commonwealth.” Gallagher, 545 A.2d at 984 . | 1 | 2018–2018 |
Frazier v. Workers' Compensation Appeal Board
green
2 sentences2017(Bayada Nurses, Inc.), 616 Pa. 592 , 52 A.3d 241 (2012) (holding subro-gation claim against SEPTA under the Workers Compensation Act was barred on the basis of sovereign immunity). 2017(Bayada Nurses, Inc.), 52 A.3d 241 (Pa. 2012) (holding subrogation claim against SEPTA under the Workers Compensation Act was barred on the basis of sovereign immunity). | 1 | 2017–2017 |
Barber v. Lynch
green
1 sentence1990The Superior Court later found that the Supreme Court’s admonitions in Freach were controlling over Greenberg in Barber v. Lynch, 275 Pa.Superior Ct. 333, 418 A.2d 749 (1980). | 1 | 1990–1990 |
Garrettson v. Commonwealth
green
2 sentences1979This Court, per Judge Mencer, sustained the preliminary objections and dismissed the complaint against Defendants Commonwealth and Board. 1 Garrettson v. Pennsylvania Liquor Control Board, 22 Pa. Commonwealth Ct. 331, 348 A.2d 453 (1975). 1979This Court, per Judge Mencer, sustained the preliminary objections and dismissed the complaint against Defendants Commonwealth and Board. 1 Garrettson v. Pennsylvania Liquor Control Board, 22 Pa. Commonwealth Ct. 331, 348 A.2d 453 (1975). | 1 | 1979–1979 |
Steinberg v. Commonwealth
neutral
2 sentences1979Steinberg v. Department of Public Welfare, 33 Pa. Commonwealth Ct. 140 , 380 A.2d 1320 (1977). 1979Steinberg v. Department of Public Welfare, 33 Pa. Commonwealth Ct. 140 , 380 A.2d 1320 (1977). | 1 | 1979–1979 |
McCoy v. Liquor Control Board
green
2 sentences1975In McCoy v. Commonwealth, 9 Pa. Commonwealth Ct. 107 , 305 A.2d 746 (1973), aff’d per curiam, 457 Pa. 513 , 326 A.2d 396 (1974), and Tarantino v. Alletown State Hospital, 16 Pa. Commonwealth Ct. 133 , 329 A.2d 291 (1974), this Court, on the basis of sovereign immunity, sustained preliminary objections to complaints in trespass against state hospitals for the mentally ill. 1975In McCoy v. Commonwealth, 9 Pa. Commonwealth Ct. 107 , 305 A.2d 746 (1973), aff’d per curiam, 457 Pa. 513 , 326 A.2d 396 (1974), and Tarantino v. Alletown State Hospital, 16 Pa. Commonwealth Ct. 133 , 329 A.2d 291 (1974), this Court, on the basis of sovereign immunity, sustained preliminary objections to complaints in trespass against state hospitals for the mentally ill. | 1 | 1975–1975 |
Tarantino v. Allentown State Hospital
neutral
2 sentences1975In McCoy v. Commonwealth, 9 Pa. Commonwealth Ct. 107 , 305 A.2d 746 (1973), aff’d per curiam, 457 Pa. 513 , 326 A.2d 396 (1974), and Tarantino v. Alletown State Hospital, 16 Pa. Commonwealth Ct. 133 , 329 A.2d 291 (1974), this Court, on the basis of sovereign immunity, sustained preliminary objections to complaints in trespass against state hospitals for the mentally ill. 1975In McCoy v. Commonwealth, 9 Pa. Commonwealth Ct. 107 , 305 A.2d 746 (1973), aff’d per curiam, 457 Pa. 513 , 326 A.2d 396 (1974), and Tarantino v. Alletown State Hospital, 16 Pa. Commonwealth Ct. 133 , 329 A.2d 291 (1974), this Court, on the basis of sovereign immunity, sustained preliminary objections to complaints in trespass against state hospitals for the mentally ill. | 1 | 1975–1975 |
McCoy v. Commonwealth
green
2 sentences1975In McCoy v. Commonwealth, 9 Pa. Commonwealth Ct. 107 , 305 A.2d 746 (1973), aff’d per curiam, 457 Pa. 513 , 326 A.2d 396 (1974), and Tarantino v. Alletown State Hospital, 16 Pa. Commonwealth Ct. 133 , 329 A.2d 291 (1974), this Court, on the basis of sovereign immunity, sustained preliminary objections to complaints in trespass against state hospitals for the mentally ill. 1975In McCoy v. Commonwealth, 9 Pa. Commonwealth Ct. 107 , 305 A.2d 746 (1973), aff’d per curiam, 457 Pa. 513 , 326 A.2d 396 (1974), and Tarantino v. Alletown State Hospital, 16 Pa. Commonwealth Ct. 133 , 329 A.2d 291 (1974), this Court, on the basis of sovereign immunity, sustained preliminary objections to complaints in trespass against state hospitals for the mentally ill. | 1 | 1975–1975 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.