In an apparent issue of first impression, two Philadelphia trial court judges have come out with opposing rulings recently as to whether SEPTA is spared by a defense of sovereign immunity from claims under the Federal Employers’ Liability Act. The debate hinges on whether federal or state law determines whether an agency is eligible for sovereign immunity.
Judge Sheldon Jelin, after prompting from a Commonwealth Court opinion that found SEPTA was an agency protected by the state’s Sovereign Immunity Act, ruled last week that FELA did not fall within exceptions to that defense. Based on that finding, the judge granted SEPTA’s motion in Davis v. SEPTA to dismiss a case brought by a former railroad conductor.
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