Legal Opinion · Dissent

Blue Comet Diner v. Pennsylvania Human Relations Commission

Commonwealth Court of Pennsylvania

Decided July 28, 2006No. 465 C.D. 2005Published

1Dissent

Dissenting Opinion by

Judge PELLEGRINI.

I respectfully dissent because the majority, based on an issue not raised, holds that a settlement agreement cannot be enforced by the Pennsylvania Human Relations Commission (Commission) until the Commission adjudicates the underlying merits of the claim that led to the settlement agreement. By doing so, the majority improperly vitiates an agreement voluntarily entered into by the parties. Unlike the majority, I would place settlement agreements on a parity with Commission orders and consent orders and allow them to be enforced, as written, but only in…

2Cases cited10 opinions

  1. Commonwealth v. LittleSupreme Court of Pennsylvania · 1974
  2. Pennsylvania Human Relations Commission v. St. Joe Minerals Corp., Zinc Smelting DivisionSupreme Court of Pennsylvania · 1978
  3. Felix v. Giuseppe Kitchens & Baths, Inc.Superior Court of Pennsylvania · 2004
  4. Pennhurst Medical Group, P.C. v. Commonwealth, Department of Public WelfareCommonwealth Court of Pennsylvania · 2002
  5. Pulcinello v. Consolidated Rail Corp.Superior Court of Pennsylvania · 2001

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