issue of sovereign immunity (Pennsylvania) · Go Syfert
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issue of sovereign immunity in Pennsylvania

13 Pennsylvania opinions name it 4 courts 1971–2023 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.

Followed or applied (5)

CaseFollowedCited
Mayle v. Pennsylvania Department of Highwaysgreen
pa · 1978 · cited in 2 Pennsylvania opinions naming this issue, 1982–1984
2 sentences

1982Pa.Const. art. 1, § 11. [13] The Commonwealth Court in Brungard v. Hartman, 46 Pa. Cmwlth. 10, 405 A.2d 1089 (1979), and in the instant case attempted to fashion a reasonable approach to cases involving tort claims against the Commonwealth that were temporarily given life by this Court's decision in Mayle v. Pennsylvania Department of Highways, 479 Pa. 384 , 388 A.2d 709 (1978) (abrogating the judicial doctrine of sovereign immunity), and were then barred again by Act 152, which revived sovereign immunity with eight defined categories of exceptions. [14] In urging that this Court not consider

1982Pa.Const. art. 1, § 11. [13] The Commonwealth Court in Brungard v. Hartman, 46 Pa. Cmwlth. 10, 405 A.2d 1089 (1979), and in the instant case attempted to fashion a reasonable approach to cases involving tort claims against the Commonwealth that were temporarily given life by this Court's decision in Mayle v. Pennsylvania Department of Highways, 479 Pa. 384 , 388 A.2d 709 (1978) (abrogating the judicial doctrine of sovereign immunity), and were then barred again by Act 152, which revived sovereign immunity with eight defined categories of exceptions. [14] In urging that this Court not consider

12
Mireles v. Wacogreen
scotus · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Mireles v. Waco, 502 U.S. 9, 11 (1991).5 5 We need not reach the issue of sovereign immunity.

11
Pennsylvania State Lodge, Fraternal Order of Police v. Commonwealth, Department of Conservation & Natural Resourcesgreen
pacommwct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Defendants concede that they did not raise the issue of sovereign immunity with respect to Defendant Gillis in their 2 When ruling upon preliminary objections, the Court is “required to accept as true the well- pled averments set forth in the . . . complaint, and all inferences reasonably deducible therefrom.” Pennsylvania State Lodge, Fraternal Order of Police v. Department of Conservation & Natural Resources, 909 A.2d 413, 415 (Pa. Cmwlth. 2006), aff’d, 924 A.2d 1203 (Pa. 2007).

11
Capitol Associates v. School District of Harrisburggreen
pacommwct · 1996 · cited in 1 Pennsylvania opinions naming this issue, 1998–1998
2 sentences

1998See Capitol Associates v. School Dist. of the City of Harrisburg, 684 A.2d 1119 (Pa.Cmwlth.1996) and Bucks County Community College (both recognizing that immunity of the sovereign from local taxation stems from the legislature's lack of delegation of the taxing power to the local taxing authority and not from the common-law doctrine of sovereign immunity).

1998See Capitol Associates v. School Dist. of the City of Harrisburg, 684 A.2d 1119 (Pa.Cmwlth.1996) and Bucks County Community College (both recognizing that immunity of the sovereign from local taxation stems from the legislature’s lack of delegation of the taxing power to the local taxing authority and not from the common-law doctrine of sovereign immunity).

11
Finkelstein v. Shippensburg State Collegegreen
pacommwct · 1977 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
2 sentences

1991See Finkelstein v. Shippensburg, 29 Pa. Commw. 373, 370 A.2d 1259 (1977).

1991See Finkelstein v. Shippensburg, 29 Pa. Commw. 373, 370 A.2d 1259 (1977).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
A.J. Russo v. Allegheny County, and the Court of Common Pleas of Allegheny County, PA, Criminal Divisiongreen
pacommwct · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023But see Russo v. Allegheny Cnty., 125 A.3d 113, 118 (Pa. Cmwlth. 2015), aff’d, 150 A.2d 16 (Pa. 2016) (courts of the unified judicial (Footnote continued on next page…) 5 Furthermore, it is clear that any potentially applicable statute of limitations period has expired.

11

Also cited on this issue (13)

CaseCitedYears
Nagle v. Commonwealth green
pacommwct · 1980
2 sentences

1982In urging that this Court not consider the issue of sovereign immunity, the concurring and dissenting opinion of Mr. Justice Roberts implicitly relies on the decision in Nagle v. Commonwealth, 48 Pa.Cmwlth. 295 , 409 A.2d 525 (1980), which approved the Commissioner’s exercise of his discretion.

1982In urging that this Court not consider the issue of sovereign immunity, the concurring and dissenting opinion of Mr. Justice Roberts implicitly relies on the decision in Nagle v. Commonwealth, 48 Pa.Cmwlth. 295 , 409 A.2d 525 (1980), which approved the Commissioner’s exercise of his discretion.

21982–1982
Commonwealth v. Wattley green
pa · 2007
1 sentence

2018Defendants concede that they did not raise the issue of sovereign immunity with respect to Defendant Gillis in their 2 When ruling upon preliminary objections, the Court is “required to accept as true the well- pled averments set forth in the . . . complaint, and all inferences reasonably deducible therefrom.” Pennsylvania State Lodge, Fraternal Order of Police v. Department of Conservation & Natural Resources, 909 A.2d 413, 415 (Pa. Cmwlth. 2006), aff’d, 924 A.2d 1203 (Pa. 2007).

12018–2018
Svege Ex Rel. Svege v. Interstate Safety Service, Inc. green
pacommwct · 2004
1 sentence

2013This Court addressed the issue of sovereign immunity and highway median barriers in Svege v. Interstate Safety Service, Inc., 862 A.2d 752 (Pa.Cmwlth.2004).

12013–2013
Dean v. Com., Dept. of Transp. green
pa · 2000
2 sentences

2010Pennsylvania courts have considered the issue of sovereign immunity for guardrails on several occasions, beginning with the landmark case Dean v. Department of Transportation, 561 Pa. 503 , 751 A.2d 1130 (2000).

2010Pennsylvania courts have considered the issue of sovereign immunity for guardrails on several occasions, beginning with the landmark case Dean v. Department of Transportation, 561 Pa. 503 , 751 A.2d 1130 (2000).

12010–2010
Feingold v. Southeastern Pennsylvania Transportation Authority green
pa · 1986
2 sentences

2003Feingold v. Southeastern Pennsylvania Transportation Authority, 512 Pa. 567 , 517 A.2d 1270 (1986); Fraternal Order of Transit Police v. Southeastern Pennsylvania Transportation Authority, 668 A.2d 270 (Pa.Cmwlth.1995).

2003Feingold v. Southeastern Pennsylvania Transportation Authority, 512 Pa. 567 , 517 A.2d 1270 (1986); Fraternal Order of Transit Police v. Southeastern Pennsylvania Transportation Authority, 668 A.2d 270 (Pa.Cmwlth.1995).

12003–2003
Fraternal Order of Transit Police ex rel. Lamb v. Southeastern Pennsylvania Transportation Authority green
pacommwct · 1995
1 sentence

2003Feingold v. Southeastern Pennsylvania Transportation Authority, 512 Pa. 567 , 517 A.2d 1270 (1986); Fraternal Order of Transit Police v. Southeastern Pennsylvania Transportation Authority, 668 A.2d 270 (Pa.Cmwlth.1995).

12003–2003
Ziccardi v. School District green
pacommwct · 1985
2 sentences

1988Additionally, we agree with Triage that the defenses of sovereign immunity and statute of limitations are matters properly raised in new matter 10 and not preliminary objections. 11 Although a party can raise the issue of sovereign immunity in preliminary objections if the defense of sovereign immunity is clear on the face of the pleadings, Ziccardi v. School District of Philadelphia, 91 Pa. Commonwealth Ct. 595 , 498 A.2d 452 (1985), we conclude that DOT has waived this, defense for two reasons.

1988Additionally, we agree with Triage that the defenses of sovereign immunity and statute of limitations are matters properly raised in new matter 10 and not preliminary objections. 11 Although a party can raise the issue of sovereign immunity in preliminary objections if the defense of sovereign immunity is clear on the face of the pleadings, Ziccardi v. School District of Philadelphia, 91 Pa. Commonwealth Ct. 595 , 498 A.2d 452 (1985), we conclude that DOT has waived this, defense for two reasons.

11988–1988
Iudicello v. Commonwealth green
pacommwct · 1978
2 sentences

1985Nagle v. Pennsylvania Insurance Dept., 46 Pa. Commw. 621 , 406 A.2d 1229 (1979), affirmed in part, reversed in part in Pechner, Dorfman, Wolffe, Rounick and Cabot v. Pennsylvania Insurance Department, 499 Pa. 139 , 452 A.2d 230 (1982), on remand 74 Pa. Commw. 400 , 459 A.2d 925 (1983); Iudicello v. Commonwealth, Department of Transportation, 34 Pa. Commw. 361 , 383 A.2d 1294 (1978); Commonwealth ex rel.

1985Nagle v. Pennsylvania Insurance Dept., 46 Pa. Commw. 621 , 406 A.2d 1229 (1979), affirmed in part, reversed in part in Pechner, Dorfman, Wolffe, Rounick and Cabot v. Pennsylvania Insurance Department, 499 Pa. 139 , 452 A.2d 230 (1982), on remand 74 Pa. Commw. 400 , 459 A.2d 925 (1983); Iudicello v. Commonwealth, Department of Transportation, 34 Pa. Commw. 361 , 383 A.2d 1294 (1978); Commonwealth ex rel.

11985–1985
Nagle v. Pennsylvania Insurance Department green
pacommwct · 1979
2 sentences

1985Nagle v. Pennsylvania Insurance Dept., 46 Pa. Commw. 621 , 406 A.2d 1229 (1979), affirmed in part, reversed in part in Pechner, Dorfman, Wolffe, Rounick and Cabot v. Pennsylvania Insurance Department, 499 Pa. 139 , 452 A.2d 230 (1982), on remand 74 Pa. Commw. 400 , 459 A.2d 925 (1983); Iudicello v. Commonwealth, Department of Transportation, 34 Pa. Commw. 361 , 383 A.2d 1294 (1978); Commonwealth ex rel.

1985Nagle v. Pennsylvania Insurance Dept., 46 Pa. Commw. 621 , 406 A.2d 1229 (1979), affirmed in part, reversed in part in Pechner, Dorfman, Wolffe, Rounick and Cabot v. Pennsylvania Insurance Department, 499 Pa. 139 , 452 A.2d 230 (1982), on remand 74 Pa. Commw. 400 , 459 A.2d 925 (1983); Iudicello v. Commonwealth, Department of Transportation, 34 Pa. Commw. 361 , 383 A.2d 1294 (1978); Commonwealth ex rel.

11985–1985
Nagle v. Pennsylvania Insurance Department green
pacommwct · 1983
2 sentences

1985Nagle v. Pennsylvania Insurance Dept., 46 Pa. Commw. 621 , 406 A.2d 1229 (1979), affirmed in part, reversed in part in Pechner, Dorfman, Wolffe, Rounick and Cabot v. Pennsylvania Insurance Department, 499 Pa. 139 , 452 A.2d 230 (1982), on remand 74 Pa. Commw. 400 , 459 A.2d 925 (1983); Iudicello v. Commonwealth, Department of Transportation, 34 Pa. Commw. 361 , 383 A.2d 1294 (1978); Commonwealth ex rel.

1985Nagle v. Pennsylvania Insurance Dept., 46 Pa. Commw. 621 , 406 A.2d 1229 (1979), affirmed in part, reversed in part in Pechner, Dorfman, Wolffe, Rounick and Cabot v. Pennsylvania Insurance Department, 499 Pa. 139 , 452 A.2d 230 (1982), on remand 74 Pa. Commw. 400 , 459 A.2d 925 (1983); Iudicello v. Commonwealth, Department of Transportation, 34 Pa. Commw. 361 , 383 A.2d 1294 (1978); Commonwealth ex rel.

11985–1985
PECHNER, DORFMAN, ETC. v. Pa. Ins. Dept. green
pa · 1982
2 sentences

1985Nagle v. Pennsylvania Insurance Dept., 46 Pa. Commw. 621 , 406 A.2d 1229 (1979), affirmed in part, reversed in part in Pechner, Dorfman, Wolffe, Rounick and Cabot v. Pennsylvania Insurance Department, 499 Pa. 139 , 452 A.2d 230 (1982), on remand 74 Pa. Commw. 400 , 459 A.2d 925 (1983); Iudicello v. Commonwealth, Department of Transportation, 34 Pa. Commw. 361 , 383 A.2d 1294 (1978); Commonwealth ex rel.

1985Nagle v. Pennsylvania Insurance Dept., 46 Pa. Commw. 621 , 406 A.2d 1229 (1979), affirmed in part, reversed in part in Pechner, Dorfman, Wolffe, Rounick and Cabot v. Pennsylvania Insurance Department, 499 Pa. 139 , 452 A.2d 230 (1982), on remand 74 Pa. Commw. 400 , 459 A.2d 925 (1983); Iudicello v. Commonwealth, Department of Transportation, 34 Pa. Commw. 361 , 383 A.2d 1294 (1978); Commonwealth ex rel.

11985–1985
Brungard v. HARTMAN green
pacommwct · 1979
1 sentence

1982Pa.Const. art. 1, § 11. [13] The Commonwealth Court in Brungard v. Hartman, 46 Pa. Cmwlth. 10, 405 A.2d 1089 (1979), and in the instant case attempted to fashion a reasonable approach to cases involving tort claims against the Commonwealth that were temporarily given life by this Court's decision in Mayle v. Pennsylvania Department of Highways, 479 Pa. 384 , 388 A.2d 709 (1978) (abrogating the judicial doctrine of sovereign immunity), and were then barred again by Act 152, which revived sovereign immunity with eight defined categories of exceptions. [14] In urging that this Court not consider

11982–1982
Lovrinoff v. Pennsylvania Turnpike Commission green
pacommwct · 1971
2 sentences

1971Concurring Opinion by Judge Crumlish, Jr. : The Pennsylvania Supreme Court, by order dated October 22,1971, refused to grant allocatur in Lovrinoff et al. v. Pennsylvania Turnpike Commission, 3 Pa. Commonwealth Ct. 161 , 281 A. 2d 176 (1971), thus at least for tlie time being maintaining its historical position on the issue of sovereign immunity.

1971Concurring Opinion by Judge Crumlish, Jr. : The Pennsylvania Supreme Court, by order dated October 22,1971, refused to grant allocatur in Lovrinoff et al. v. Pennsylvania Turnpike Commission, 3 Pa. Commonwealth Ct. 161 , 281 A. 2d 176 (1971), thus at least for tlie time being maintaining its historical position on the issue of sovereign immunity.

11971–1971

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 8522 (3) PA § 42 Pa. Cons. Stat. § 8542 (3)

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.

Where else courts name it

TX 40 (1991–2025) FL 36 (1982–2026) GA 28 (1989–2025) CO 22 (1995–2025) CT 20 (1974–2022) OH 19 (1972–2025) AR 16 (2000–2024) VA 15 (1985–2026) NC 14 (1991–2022) PA 13 (1971–2023) MD 5 (1988–2018) CA 5 (2001–2020) OK 4 (1980–2000) SD 4 (2000–2014) ME 3 (1980–2004) WV 3 (1997–2008) AL 3 (1978–2017) MO 3 (1984–2000) KY 3 (1982–2024) TN 3 (2007–2019) IL 2 (1987–1996) SC 2 (1985–2025) MN 2 (1997–2000) NM 2 (1980–2018) DE 2 (2016–2019) AK 2 (1975–1988) MI 2 (1978–2004) VT 2 (1996–2017) MT 2 (1973–1993) MA 2 (2005–2006) MS 2 (1992–1993)

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.

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