13 Pennsylvania opinions name it 2 courts 1987–2024 2 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 |
|---|---|---|
Norriton East Realty Corp. v. Central-Penn National Bankgreen1 sentence2020When the General Assembly specifically waives sovereign immunity, a claim against the Commonwealth . . . shall be brought only in such manner and in such courts and in such cases as directed by the provisions of Title 42 (relating to judiciary and judicial procedure)[.]”); Section 8521(a) of the Judicial Code, 42 Pa. C.S. §8521(a) (“Except as otherwise provided in this subchapter, no provision of this title shall constitute a waiver of sovereign immunity for the purpose of 1 Pa. C.S. §2310 (relating to sovereign immunity reaffirmed; specific waiver) or otherwise.”). 9 justification, by which a | 1 | 1 |
Williams v. Syedgreen1 sentence2018“Even if a cause of action has been made out against the defendants, the complaint will still fail to state a claim if the defendants are entitled to sovereign immunity.” Williams v. Syed, 782 A.2d 1090, 1095 (Pa. Cmwlth. 2001). 7 We have consistently held that sovereign immunity protects the Commonwealth from suit in tort, and that such immunity extends to intentional torts conducted by Commonwealth employees while acting within the scope of their employment. | 1 | 1 |
Clark v. Pennsylvania Department of Transportationgreen1 sentence2017Section 8522(a), 42 Pa.C.S. § 8522(a), states: The General Assembly, pursuant to section 11 of Article I of the Constitution of Pennsylvania, does hereby waive, in the instances set forth in subsection (b) only and only to the extent set forth in this subchapter and within the limits set forth in section 8528 (relating to limitations on damages), sovereign immunity as a bar to an action against Commonwealth parties, for damages arising out of a negligent act where the damages would be recoverable under the common law or a statute creating a cause of action if the injury were caused by a person | 1 | 1 |
Raker v. Pennsylvania Dept. of Correctionsgreen1 sentence2015Although colloquially referred to as the “Sovereign Immunity Act,” the provisions are found in the Judicial Code. 3 The Act provides: (a) General rule.—Except as otherwise provided in this subchapter, no provision of this title shall constitute a waiver of sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) or otherwise. 42 Pa.C.S. § 8521(a). 2 dangerous condition or defect of Commonwealth agency real estate.4 Raker v. Pennsylvania Department of Corrections, 844 A.2d 659, 662 (Pa. Cmwlth. 2004) (“For an injury to be caused by a ‘d | 1 | 1 |
Frazier v. COM. PA STATE, POLICEgreen1 sentence2009See 1 Pa.C.S. § 2310 ("Pursuant to section 11 of Article 1 of the Constitution of Pennsylvania, it is hereby declared to be the intent of the General Assembly that the Commonwealth, and its officials and employees acting within the scope of their duties, shall continue to enjoy sovereign immunity and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity.... ”); Section 8521(a) of the Judicial Code, 42 Pa.C.S. § 8521(a) ("[E]xcept as otherwise provided in this sub-chapter, no provision of this title shall constitute a waiver of sovere | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ayala v. Philadelphia Board of Public Education
red
2 sentences1990This statute, which reaffirmed sovereign immunity except as specifically waived by the General Assembly, was enacted in 1978 following our decision in Ayala v. Philadelphia Board of Public Education, 453 Pa. 584 , 305 A.2d 877 (1973). 7 . 42 Pa.C.S. § 8521(a) provides: Except as otherwise provided in this subchapter, no provision of this title shall constitute a waiver of sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) or otherwise. 8 . 1990This statute, which reaffirmed sovereign immunity except as specifically waived by the General Assembly, was enacted in 1978 following our decision in Ayala v. Philadelphia Board of Public Education, 453 Pa. 584 , 305 A.2d 877 (1973). 7 . 42 Pa.C.S. § 8521(a) provides: Except as otherwise provided in this subchapter, no provision of this title shall constitute a waiver of sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) or otherwise. 8 . | 3 | 1990–2024 |
Falco v. PADOS
green
2 sentences2024Educ., 305 A.2d 877 (Pa. 1973) (abolishing local government immunity); Falco v. Pados, 282 A.2d 351 (Pa. 1971) (abolishing parental immunity); Flagiello v. Pennsylvania Hosp., 208 A.2d 193 (Pa. 1965) (abolishing immunity of charities). [J-50A-2023 and J-50B-2023] - 42 courts guaranteed by the Eleventh Amendment to the Constitution of the United States. § 8522. 2024Educ., 305 A.2d 877 (Pa. 1973) (abolishing local government immunity); Falco v. Pados, 282 A.2d 351 (Pa. 1971) (abolishing parental immunity); Flagiello v. Pennsylvania Hosp., 208 A.2d 193 (Pa. 1965) (abolishing immunity of charities). [J-50A-2023 and J-50B-2023] - 42 courts guaranteed by the Eleventh Amendment to the Constitution of the United States. § 8522. | 2 | 2024–2024 |
Flagiello v. Pennsylvania Hospital
green
2 sentences2024Educ., 305 A.2d 877 (Pa. 1973) (abolishing local government immunity); Falco v. Pados, 282 A.2d 351 (Pa. 1971) (abolishing parental immunity); Flagiello v. Pennsylvania Hosp., 208 A.2d 193 (Pa. 1965) (abolishing immunity of charities). [J-50A-2023 and J-50B-2023] - 42 courts guaranteed by the Eleventh Amendment to the Constitution of the United States. § 8522. 2024Educ., 305 A.2d 877 (Pa. 1973) (abolishing local government immunity); Falco v. Pados, 282 A.2d 351 (Pa. 1971) (abolishing parental immunity); Flagiello v. Pennsylvania Hosp., 208 A.2d 193 (Pa. 1965) (abolishing immunity of charities). [J-50A-2023 and J-50B-2023] - 42 courts guaranteed by the Eleventh Amendment to the Constitution of the United States. § 8522. | 2 | 2024–2024 |
Allegheny Energy Supply Co. v. Wolf Run Mining Co.
green
1 sentence2014Allegheny Energy Supply Company v. Wolf Run Mining Company, 53 A.3d 53 (Pa. Super. 2012). 8 Section 8522(a)-(b)(1) of the Judicial Code, 42 Pa.C.S. §8522(a)- (b)(1), provides: (a) Liability imposed.— The General Assembly, pursuant to section 11 of Article I of the Constitution of Pennsylvania, does hereby waive in the instances set forth in subsection (b) only and only to the extent set forth in this subchapter and within the limits set forth in section 8528 (relating to limitations on damages), sovereign immunity as a bar to an action against Commonwealth parties, for damages arising out of a | 1 | 2014–2014 |
Evans v. Southeastern Pennsylvania Transportation Authority
green
1 sentence1998Auth., 149 Pa. Cmwlth. 376, 613 A.2d 137 (1992). 42 Pa.C.S. § 8521 provides the general rule of sovereign immunity, stating: (a) General rule.-Except as otherwise provided in this subchapter, no provision of this title shall constitute a waiver of sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) or otherwise. 7 .42 Pa.C.S. § 8522(a) (emphasis added) provides: (a) Liability imposed.-The General Assembly ... does hereby waive, in the instances set forth in subsection (b) only[,] ... sovereign immunity as a bar to an action agains | 1 | 1998–1998 |
Bendas v. Township of White Deer
green
2 sentences1995The court also noted that "[njothing in this Opinion is intended to preclude a court from entering judgment in those cases where the facts establish as a matter of law that a dangerous condition did not exist.” Bendas, 531 Pa. at 185 n. 6, 611 A.2d at 1187 n. 6. 1995The court also noted that "[njothing in this Opinion is intended to preclude a court from entering judgment in those cases where the facts establish as a matter of law that a dangerous condition did not exist.” Bendas, 531 Pa. at 185 n. 6, 611 A.2d at 1187 n. 6. | 1 | 1995–1995 |
Action, Inc. v. WCAB
green
1 sentence1993It provides: Except as otherwise provided in this subchapter, no provision of this title shall constitute a waiver of sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) or otherwise. ' Our Supreme Court granted an allowance of appeal in Moore under the caption Moore v. Cuyler, 520 Pa. 610 , 553 A.2d 971 (1988), but then dismissed it as being improvidently granted, Moore v. Reid, 523 Pa. 418 , 567 A.2d 1040 (1990). | 1 | 1993–1993 |
Moore v. Reid
green
1 sentence1993It provides: Except as otherwise provided in this subchapter, no provision of this title shall constitute a waiver of sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) or otherwise. ' Our Supreme Court granted an allowance of appeal in Moore under the caption Moore v. Cuyler, 520 Pa. 610 , 553 A.2d 971 (1988), but then dismissed it as being improvidently granted, Moore v. Reid, 523 Pa. 418 , 567 A.2d 1040 (1990). | 1 | 1993–1993 |
Commonwealth, Department of Transportation v. J. W. Bishop & Co.
green
2 sentences1987Further, citing Department of Transportation v. Bishop & Co., 497 Pa. 58 , 439 A.2d 101 (1981), DPW asserts that Sections 1726 and 2503 of the Judicial Code, 42 Pa. C. 1987Further, citing Department of Transportation v. Bishop & Co., 497 Pa. 58 , 439 A.2d 101 (1981), DPW asserts that Sections 1726 and 2503 of the Judicial Code, 42 Pa. C. | 1 | 1987–1987 |
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.