The Pennsylvania Supreme Court held that an adverse decision on the government’s assertion of sovereign immunity constitutes a collateral order, immediately appealable as of right under Rule 313. This case arose out of personal injuries the plaintiff allegedly sustained when she walked into an unmarked glass wall while leaving the…
The Pennsylvania Supreme Court held that an adverse decision on the government’s assertion of sovereign immunity constitutes a collateral order, immediately appealable as of right under Rule 313. This case arose out of personal injuries the plaintiff allegedly sustained when she walked into an unmarked glass wall while leaving the Family Court building in Philadelphia.… Continue reading Brooks v. Ewing Cole, Inc.
In 2014, Venture applied for and received two Alternative and Clean Energy (“ACE”) grants under 73 P.S. § 1649.307(a)(1)(iii). After completing the projects, Venture sought payment of the grant money. The Commonwealth Financing Authority (“CFA”) denied the request, stating Venture improperly structured the construction and financing of the project. Venture filed a statement of claim… Continue reading U.S. Venture, Inc. v. Pa.
The Pennsylvania Supreme Court held that an exculpatory release, signed by a participant in a charity bike ride and designed to immunize the City of Philadelphia, was unenforceable. The Court found that the release violated public policy because the City would have been immunized from an essential duty of public service. The plaintiff was injured when… Continue reading Degliomini v. ESM Prod., Inc.
In Central Va. Cmty. Coll. v. Katz, 546 U.S. 356 (2006), the U.S. Supreme Court held that, by ratifying the Bankruptcy Clause of the U.S. Constitution, states waived their sovereign immunity defense in proceedings that further a bankruptcy court’s exercise of its jurisdiction over property of the debtor and its estate. In the case of… Continue reading In re Venoco LLC
Wise v. Huntingdon Cnty. Hous. Dev. Corp. resulted from a negligence suit filed after the plaintiff tripped and fell on a sidewalk in a public housing development. The plaintiff claimed that insufficient lighting caused her fall and that the housing authority was liable for her injuries. The housing authority moved for summary judgment based on… Continue reading Wise v. Huntingdon Cnty. Hous. Dev. Corp.
Delaware River Joint Toll Bridge Comm’n v. Sec. PA Dep’t Labor and Indus. was a dispute about an interstate compact between PA and NJ that created the Delaware River Joint Toll Bridge Commission. The Commission obtained a declaratory judgment that prohibited the Secretary of the Pennsylvania Department of Labor and Industry from regulating aspects of… Continue reading Delaware River Joint Toll Bridge Comm’n v. Sec. PA Dep’t Labor and Indus.
In Geness v. Admin. Office PA Cts., the 3rd Circuit held that, based on the doctrine of sovereign immunity, the Administrative Office of Pennsylvania Courts (AOPC) may not be held liable for the fact that the defendant, who was mentally disabled and incompetent to stand trial, was detained for nearly a decade before the Commonwealth dismissed… Continue reading Geness v. Admin. Office PA Cts.
Unlike that Robert Downey, this Robert Downey was an inmate in state prison and suffered from severe glaucoma. In Downey v. Penn. Dept. of Corr., the 3rd Circuit held that he did not fail to exhaust his administrative remedies in this Section 1983 prison litigation case because he faced an emergency and an urgent need… Continue reading Downey v. Penn. Dept. of Corr.
More than half a century ago, the States of New Jersey and New York agreed to enter into the Waterfront Commission Compact. More recently, New Jersey enacted legislation to withdraw from the Compact. To prevent this unilateral termination, the Waterfront Commission sued the Governor of New Jersey. The District Court granted the Commission’s motion for summary… Continue reading Waterfront Comm’n of NY Harbor v. Governor of NJ