Thursday, October 28, 2021

Denial of Defense of Sovereign Immunity Immediately Appealable

In the case of Brooks v. Ewing Cole, Inc., No. 4 EAP 2021 (Pa. Sept. 22, 2021)(Op. by Mundy, J,), the Pennsylvania Supreme Court ruled that a claim of sovereign immunity was immediately appealable under the collateral order doctrine given that sovereign immunity was a complete production from suit, not just liability for damages.   

The court noted that the benefit of the immunity provided to a government agency would be irreparably lost if that entity were forced to litigate all the way through to a final judgment and then seek appellate review on its immunity claim.   


As such, the Pennsylvania Supreme Court ruled that a trial court order denying summary judgment on the issue of sovereign immunity was immediately appealable as a collateral Order.


Anyone wishing to review this decision may click this LINK.

Source: "Digests of Recent Opinions." Pennsylvania Law Weekly (Oct. 19, 2021).

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