enumerated exceptions to sovereign immunity (Pennsylvania) · Go Syfert
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enumerated exceptions to sovereign immunity in Pennsylvania

10 Pennsylvania opinions name it 1 courts 1982–2024 6 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 (7)

CaseFollowedCited
Dean v. Com., Dept. of Transp.green
pa · 2000 · cited in 2 Pennsylvania opinions naming this issue, 2021–2023
2 sentences

2023Dean v. Dep’t of Transp., 751 A.2d 1130, 1132 (Pa. 2000).

2021Dean v. Dep’t of Transp., 751 A.2d 1130, 1132 (Pa. 2000).8 However, “because of the clear intent to insulate the government from liability, the exceptions to sovereign immunity must be strictly construed.” Cowell, 883 A.2d at 709 (emphasis added).

22
Logan v. Lilliegreen
pacommwct · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024I & XIV. 2 “[A]lthough Pa.R.C[iv].P. [] 1030 provides affirmative defenses are to be raised as new matter, if it is clear from the face of the complaint that a suit is barred by the defense of immunity the case may be dismissed on preliminary objections.” Logan v. Lillie, 728 A.2d 995, 998 (Pa. Cmwlth. 1999).

11
Richardson v. Wetzelgreen
pacommwct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023“Pennsylvania is a fact-pleading jurisdiction; consequently, a pleading must not only apprise the opposing party of the asserted claim, [but] it must also formulate the issues by summarizing those facts essential to support the claim.” Richardson v. Wetzel, 74 A.3d 353, 356-57 (Pa. Cmwlth. 2013) (internal quotation marks omitted).

11
McNichols v. Commonwealth, Department of Transportationgreen
pacommwct · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See 42 Pa.C.S. § 8522(b); McNichols v. Dep't of Transp., 804 A.2d 1264, 1267 (Pa. Cmwlth. 2002).

11
Cowell v. Commonwealth, Department of Transportationgreen
pacommwct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021Dean v. Dep’t of Transp., 751 A.2d 1130, 1132 (Pa. 2000).8 However, “because of the clear intent to insulate the government from liability, the exceptions to sovereign immunity must be strictly construed.” Cowell, 883 A.2d at 709 (emphasis added).

11
Page v. City of Philadelphiagreen
pacommwct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021Appellees also contend that Martin fails to articulate which of the enumerated exceptions to sovereign immunity applies to this case.13 Pursuant to the Act, “[s]overeign immunity is only waived for damages arising out of a negligent act where the common law or a statute would permit recovery if the injury were caused by a person not protected by sovereign immunity and the cause of action falls under one of the specifically enumerated exceptions to immunity.” Page v. City of Philadelphia, 25 A.3d 471, 475 (Pa. Cmwlth. 2011), appeal denied, 40 A.3d 124 (Pa. 2012).

11
Faust v. Com., Dept. of Revenuegreen
pacommwct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020(Id. ¶¶ 43- 44 (citing Faust v. Dep’t of Revenue, 592 A.2d 835, 839 (Pa. Cmwlth. 1991)); Department’s Br. at 15.) To the extent this count seeks affirmative action on its part, such relief is barred by sovereign immunity.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Page v. City of Philadelphia neutral
pa · 2012
1 sentence

2021Appellees also contend that Martin fails to articulate which of the enumerated exceptions to sovereign immunity applies to this case.13 Pursuant to the Act, “[s]overeign immunity is only waived for damages arising out of a negligent act where the common law or a statute would permit recovery if the injury were caused by a person not protected by sovereign immunity and the cause of action falls under one of the specifically enumerated exceptions to immunity.” Page v. City of Philadelphia, 25 A.3d 471, 475 (Pa. Cmwlth. 2011), appeal denied, 40 A.3d 124 (Pa. 2012).

12021–2021
Fritz v. Glen Mills School green
pacommwct · 2006
1 sentence

2006Fritz, 894 A.2d at 175 .

12006–2006
Mitchell v. Forsyth green
scotus · 1985
1 sentence

1989S. §8522(1)-(9); and that the order was appealable under the collateral order doctrine, relying upon Mitchell v. Forsyth, 472 U.S. 511 (1985).

11989–1989
Picariello v. Commonwealth green
pacommwct · 1980
2 sentences

1982In Picariello v. Commonwealth, 1 54 Pa. Common wealth Ct. 252, 421 A.2d 477 , this Court, in addressing similar issues raised under the Sovereign Immunity Act, concluded that a suit against the Commonwealth and Department of Revenue was barred because the alleged defamation, invasion of privacy and infliction of emotional distress actions failed to fit within any of the enumerated exceptions to sovereign immunity.

1982In Picariello v. Commonwealth, [1] 54 Pa. Commonwealth *146 Ct. 252, 421 A.2d 477 , this Court, in addressing similar issues raised under the Sovereign Immunity Act, concluded that a suit against the Commonwealth and Department of Revenue was barred because the alleged defamation, invasion of privacy and infliction of emotional distress actions failed to fit within any of the enumerated exceptions to sovereign immunity.

11982–1982

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 8522 (9) PA § 42 Pa. Cons. Stat. § 8501 (3) PA § 42 Pa. Cons. Stat. § 8550 (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.

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