(DOWNLOAD) "Donald E. Gibson v. Commonwealth Pennsylvania Et Al. Florence E. Helsel" by Supreme Court of South Dakota ~ Book PDF Kindle ePub Free
eBook details
- Title: Donald E. Gibson v. Commonwealth Pennsylvania Et Al. Florence E. Helsel
- Author : Supreme Court of South Dakota
- Release Date : January 02, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This court abrogated sovereign immunity on July 14, 1978, in Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978), application for reargument denied, 479 Pa. 411, 390 A.2d 181 (1978). Thereafter the Legislature promulgated Act 152 creating, for the first time in Pennsylvania, statutory sovereign immunity. Act of September 28, 1978, P.L. 788, ?? 1 et seq. This case presents the question of whether it is constitutional to apply Act 152 to causes which became actionable prior to the Act. Because we conclude that Act 152 may not constitutionally govern such actions, this Court reverses the orders of the Commonwealth Court dismissing the present consolidated case, and remands for proceedings consistent with this opinion.
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