Abraham v. Commonwealth

Supreme Court of Pennsylvania

Abraham v. Commonwealth

736 A.2d 595, 558 Pa. 270, 1999 Pa. LEXIS 2370

CourtSupreme Court of Pennsylvania

DecidedAugust 17, 1999

DocketAppeal No. 47 W.D. Appeal Dkt. 1998

StatusPublished

This text of 736 A.2d 595 (Abraham v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abraham v. Commonwealth, 736 A.2d 595, 558 Pa. 270, 1999 Pa. LEXIS 2370 (Pa. 1999).

Pincite

Opinion

ORDER

PER CURIAM:

AND NOW, this 17th day of August, 1999, the Order of the Commonwealth Court is REVERSED, appellant’s complaint is REINSTATED and this matter is REMANDED to the Commonwealth Court for further proceedings. The Commonwealth Court misapplied the governing legal standard. Under the Whistleblower Act, 43 P.S. §§ 1421 et seq., assuming the truth of all the allegations in appellant’s Complaint and drawing all inferences reasonably deducible therefrom, appellant has pled facts sufficient to sustain a cause of action. Accordingly, the Commonwealth Court erred by granting appellees’ Motion for Judgment on the Pleadings. Jurisdiction is relinquished.

Justice CAPPY dissents.

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ORDER

PER CURIAM:

AND NOW, this 17th day of August, 1999, the Order of the Commonwealth Court is REVERSED, appellant’s complaint is REINSTATED and this matter is REMANDED to the Commonwealth Court for further proceedings. The Commonwealth Court misapplied the governing legal standard. Under the Whistleblower Act, 43 P.S. §§ 1421 et seq., assuming the truth of all the allegations in appellant’s Complaint and drawing all inferences reasonably deducible therefrom, appellant has pled facts sufficient to sustain a cause of action. Accordingly, the Commonwealth Court erred by granting appellees’ Motion for Judgment on the Pleadings. Jurisdiction is relinquished.

Justice CAPPY dissents.

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Bluebook (online)

736 A.2d 595, 558 Pa. 270, 1999 Pa. LEXIS 2370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abraham-v-commonwealth-pa-1999.