Legal Opinion

Gibson v. Commonwealth

Supreme Court of Pennsylvania

Decided June 2, 1980No. 155, 156, 157, 161 and 172PublishedCited by 117 opinions

1Opinion of the Court

OPINION OF THE COURT

ROBERTS, Justice.

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…

2Cases cited35 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Linkletter v. WalkerSupreme Court of the United States · 1965
  3. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  4. United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
  5. England v. Louisiana State Board of Medical ExaminersSupreme Court of the United States · 1964

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3Cited by117 opinions

  1. Clare R. Bruffett v. Warner Communications, IncCourt of Appeals for the Third Circuit · 1982
  2. Blackwell v. Com. State Ethics Com'nSupreme Court of Pennsylvania · 1991
  3. Wright v. Owens CorningCourt of Appeals for the Third Circuit · 2012
  4. Dua v. Comcast Cable of Maryland, Inc.Court of Appeals of Maryland · 2002
  5. Ieropoli v. AC&S CORP.Supreme Court of Pennsylvania · 2004

112 more not listed; retrieve them via the Exa API.

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