Lamberson v. Se. Pa. Transp. Auth., 335 A.3d 423 (April 2, 2025) Covey, J. Judges: BEFORE: HONORABLE ANNE E. COVEY, Judge, HONORABLE LORI A. DUMAS, Judge, HONORABLE MATTHEW S. WOLF, Judge. OPINION BY JUDGE COVEY. Opinion by: ANNE E. COVEY SEPTA owns, operates, and maintains the Bristol train station located at the Washington Street and […]
Tag: Sovereign Immunity
SOVEREIGN IMMUNITY – POLITICAL SUBDIVISION TORT CLAIMS ACT – EXCEPTIONS – GYM CLASS WEIGHT ROOM
Faucon v. Parkland Area Sch. Dist., 2025 Pa. Commw. LEXIS 179 (October 21, 2025) McCullough, J. OPINION BY JUDGE McCULLOUGH Jamie A. Faucon, as parent and natural guardian of Callie Faucon, a minor (Student), and in her own right (together, Appellant), appeals from the September 11, 2024, order of the Court of Common Pleas of […]
SOVEREIGN IMMUNITY – POLICE OFFICERS – WILLFUL MISCONDUCT – TORT CLAIMS ACT – POLITICAL SUBCLAIMS ACT
Scott v. Canela-Perez, 2025 Pa. Commw. LEXIS 150 (August 14, 2025) Fizzano Cannon, Judge. Judges: BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge. HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE LORI A. DUMAS, Judge, HONORABLE STACY WALLACE, Judge. OPINION BY JUDGE FIZZANO […]
SOVEREIGN IMMUNITY-INTERSTATE SOVEREIGN IMMUNITY-NEW JERSEY TRANSIT
Galette v. NJ Transit, No. 4 EAP 2024 (Pa. Superior Ct., March 11, 2025) (Brobson, J.) Appellee Cedric Galette (Galette) initiated a negligence action against Julie McCrey (McCrey) and Appellant New Jersey Transit (NJ Transit) in the Court of Common Pleas of Philadelphia County (trial court). NJ Transit is an “instrumentality” of the State of […]
FOREIGN SOVEREIGN IMMUNITIES ACT OF 1976-JURISDICTION
Republic of Hungary v. Simon, 2025 U.S. LEXIS 549 (U.S. Supreme Court, February 21, 2025) (Sotomayer, J.) The Foreign Sovereign Immunities Act of 1976 (FSIA) provides foreign states with presumptive immunity from suit in the United States. 28 U. S. C. §1604. To sue a foreign sovereign in United States courts, plaintiffs must satisfy one […]
SOVEREIGN IMMUNITY-COMMONWEALTH IMMUNITY-EXCEPTIONS-VEHICLE EXCEPTIONS
Brown-Boyd v. Se. Pa. Transp. Auth., 2024 Pa. LEXIS 168 (Cmmw. Crt. Pa. July 15, 2024) (Wallace, J.) Brown-Boyd v. Se. Pa. Transp. Auth., Commonwealth Court of Pennsylvania decided, July 15, 2024. SEPTA appeals in the Court of Common Pleas which deny their motion for summary judgment because it fell that Brown-Boyd’s negligence action fell […]
LIQUOR CONTROL BOARD-“PERSON”-JUDICIAL CODE PROCEDURE- “PERSON’-JUDICIAL CODE-LIQUOR CONTROL BOARD
MFW Wine Co., LLC v. Pa. Liquor Control Bd., LEXIS 973 (Pa. Super. July 2, 2024) (Donohue, J.) MFW Wine Co., LLC v. Pa. Liquor Control Bd., Superior Court of Pennsylvania decided July 2, 2024. JUSTICE DONOHUE In this appeal, we consider whether the Pennsylvania Liquor Control Board (“PLCB”) is a “person” within the meaning […]
SOVEREIGN IMMUNITY-COMMONWEALTH IMMUNITY-SLIP AND FALL IN PRISON
Pritchard v. Meintel, 2024 Pa. Commw. LEXIS 13 (January 10, 2024) (Cohn Jubelirer, J.). This was a slip and fall case in a prison. The lower court found that it did not fall within the real estate exception of sovereign immunity. Hence, the case was dismissed. A dangerous condition resulting from a defect in the […]
SOVEREIGN IMMUNITY-FOREIGN SOVEREIGN IMMUNITY-VENEZUELA OIL COMPANY
OI European Grp. B.V. v. Bolivarian Republic of Venezuela Petroleos de Venezuela, 2023 U.S. App. LEXIS 17123 (3d Cir.), 2023 WL 4385930. The FSIA provides that foreign states are immune from jurisdiction of American courts subject only to exceptions in international agreements and the FSIA itself. In this case, the court found that concerning the […]
SOVEREIGN IMMUNITY-NEW JERSEY TRANSIT
Galette v. NJ Transit, 2023 Pa. Super. LEXIS 111 (March 21, 2023) (Bowes, J.) New Jersey Transit Corporation (“NJ Transit”) appeals the September 27, 2021 denial of its motion to dismiss the negligence claims of Cedric Galette pursuant to the doctrine of sovereign immunity. We affirm. This controversy stems from an August 9, 2018 incident […]