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Publication Date: 2023-01-16
Practice Area: Government
Industry: Education | Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3535
United States moved to dismiss plaintiff's Federal Tort Claims Act action asserting United States failed to advise him of the risks of a student loan he claimed he could not repay because he was an overeducated white male subjected to affirmative action policies by employers and court found United States was immune from suit for the claims and court lacked jurisdiction. Motion granted.
Publication Date: 2023-01-09
Practice Area: Government
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Kennedy
Attorneys: For plaintiff:
for defendant:
Case Number: 175
The court reversed the decision of the lower court finding that defendant employees could not assert governmental immunity as a special defense in a sexual abuse case involving an adult victim. The court relied on 42 Pa.C.S.A. §8542(b)(9), finding that waiver of governmental immunity was only applicable in matters where the victims were minors.
Publication Date: 2023-01-09
Practice Area: Government
Industry: State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Leete
Attorneys: For plaintiff:
for defendant:
Case Number: CV 21-01228
Defendants, Commissioners of the Lycoming County Board of Commissioners, lacked statutory authority under the state's County Code to transfer functions relating to the general ledger, payroll and accounts payable of the county from the County Controller to another government office. The court granted plaintiff declaratory relief.
Publication Date: 2022-12-26
Practice Area: Government
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 938 C.D. 2021
Trial court properly reversed decision of city's board of licensing and inspection review and found objectors had standing to challenge historical commission's approval of an application to remove a statue of Columbus from Marconi Plaza, commission did not have adequate evidence to conclude public safety was an ongoing concern and office of arts failed to follow the mandate in directive 67 regarding public input. Affirmed.
Publication Date: 2022-12-12
Practice Area: Government
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 26 WAP 2021
Since "color of state law" under §1983 and "scope of office or duties" under the Political Subdivision Tort Claims Act involved different considerations because §1983 imposed liability for official misconduct within and without the scope of an official's authority, a federal verdict imposing §1983 did not constitute a judicial determination triggering municipal duty to indemnify under the PSTCA. Order of the commonwealth court affirmed.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2022-11-29
Practice Area: Government
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2732
Plaintiffs appealed the dismissal of their complaint.
Publication Date: 2022-10-31
Practice Area: Government
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 70040 OF 2021, C.A.
Plaintiffs sufficiently alleged that they had a legal right to have a public restroom opened by the defendant borough where they paid a merchant license fee directed at raising funds to maintain the restroom and continued to pay the fee without their customers having consistent and regular access to the facility. The court overruled in part defendants' preliminary objections.
Publication Date: 2022-10-17
Practice Area: Government
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 647 M.D. 2020
While voters recently approved amendments to the state constitution placing constraints on the Pennsylvania Governor's authority to act in a disaster emergency, petitioners raised a viable issue regarding whether the commonwealth's police powers in disaster emergencies could override specific grants of emergency powers given to local public school districts. The commonwealth court overruled respondent's preliminary objections.
Publication Date: 2022-09-19
Practice Area: Government
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10612 OF 2021, C.A.
Court granted in part and denied in part defendant city official's motion to dismiss plaintiff homeowner's complaint for negligence arising out of the city's failure to issue citations to neighbors who refused to correct sewage leakage. The court denied the motion in part finding that defendant as a city official owed a duty to investigate sewage leakage and was responsible for doing so under the Clean Streams Law. The court agreed, however, that defendant's failure to issue sewage citations did not amount to malicious conduct and the
Publication Date: 2022-09-12
Practice Area: Government
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Roberts
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0985
The successor judge overturned a jury's verdict finding that a SEPTA officer was not protected under governmental immunity. The court noted the jury's verdict was inconsistent, as the jury had found that three other officers, with no distinguishable facts, were not liable for similar actions. The court further noted that the officer was clearly acting within the scope of his employment and entered JNOV in defendant's favor.
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