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Tag: Sovereign Immunity

SOVEREIGN IMMUNITY – SOVEREIGN IMMUNITY ACT – NOTICE – CONTSTRUCTIVE NOTICE – SEPTA

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 […]

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 […]

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-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 […]