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Tag: Sovereign Immunity

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 […]

SOVEREIGN IMMUNITY-INDEMNIFICATION

Soverign Immunity and an Indemnification Clause Lewis v. Clarke, 2017 U.S. LEXIS 2796, 581 U.S. ___ (April 25, 2017) Sotomayor, J. We have never before had occasion to decide whether an indemnification clause is sufficient to extend a sovereign immunity defense to a suit against an employee in his individual capacity. We hold that an […]

SOVEREIGN IMMUNITY-MANDAMUS-DECLARATORY JUDGMENT ACTIONS-EMPLOYMENT

Medical Malpractice Lawyer

Brimmeier v. Pennsylvania Turnpike Commission, 147 A.3d 954 (Pa. Cmwlth. 2016).  The law is clear that sovereign immunity does not bar either mandamus or declaratory judgment action.  Therefore, to the extent that the Commission objects to mandamus and/or declaratory judgment actions, their preliminary objections should have been overruled.  Claim of contract breach and promissory estoppel […]