US Lawyer Database

Section 8542 – Exceptions to governmental immunity

§ 8542. Exceptions to governmental immunity. (a) Liability imposed.–A local agency shall be liable for damages on account of an injury to a person or property within the limits set forth in this subchapter if both of the following conditions are satisfied and the injury occurs as a result of one of the acts set […]

Section 8545 – Official liability generally

§ 8545. Official liability generally. An employee of a local agency is liable for civil damages on account of any injury to a person or property caused by acts of the employee which are within the scope of his office or duties only to the same extent as his employing local agency and subject to […]

Section 8391 – Release and cancellation

§ 8391. Release and cancellation. (a) No knowledge and abatement.–The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he had no knowledge of the drug-related nuisance and could not reasonably be expected to have such knowledge and the owner […]

Section 8368.3 – Liability

§ 8368.3. Liability. (a) Limitation.–Except as provided under subsection (c), the cumulative successor asbestos-related liability of a successor business entity shall be limited to the fair market value of the total gross assets of the transferor as of the time of the merger or consolidation with the successor business entity. (b) Responsibility.–A successor business entity […]

Section 8392 – Severability

§ 8392. Severability. If any provision of this subchapter or its application to any person or circumstance is held invalid or unenforceable, the remainder of this subchapter or the application of the provision to other persons or circumstances shall not be affected.

Section 8368.4 – Fair market value

§ 8368.4. Fair market value. (a) Establishment.–A successor business entity may establish the fair market value of total gross assets of the transferor as of the time of the merger or consolidation by any reasonable method under the circumstances, including the following: (1) By reference to the going-concern value of the assets or to the […]

Section 8501 – Definitions

§ 8501. Definitions. The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: “Act.” Includes a failure to act. “Commonwealth party.” A Commonwealth agency and any employee thereof, but only with respect to an act within the scope of […]

Section 8368.5 – Adjustment of fair market value

§ 8368.5. Adjustment of fair market value. (a) Annual increase.–Except as provided under subsection (c), the fair market value of total gross assets of a transferor as determined under section 8368.4 (relating to fair market value) shall increase annually until the earlier of: (1) The date of the settlement, judgment or other discharge to which […]

Section 8502 – Enforcement proceedings

§ 8502. Enforcement proceedings. (a) Venue.–Except as otherwise prescribed by general rules the venue of any action or proceeding by a Commonwealth agency to enforce any statute or regulation or order of a government unit may be laid in any court having jurisdiction of the subject matter. (b) Bond.–Neither a Commonwealth agency nor a district […]

Section 8368.6 – Applicability and construction

§ 8368.6. Applicability and construction. (a) Applicability.–This subchapter shall not apply to any of the following: (1) An asbestos claim for which the applicable period of limitation commenced on or before the effective date of this section. (2) Workers’ compensation benefits paid to an employee under the act of June 2, 1915 (P.L.736, No.338), known […]