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General Cases

Sphere Drake Insurance Co. v. Philadelphia Gas Works, et al., Pennsylvania Supreme Court (October 18, 2001).  The Court held that a non-profit corporation, which was created by the city, was a "local agency" entitled to immunity under the Pennsylvania Political Subdivision Tort Claims Act. The city contracted with the corporation to operate a city-owned facility.

Brightful v. Pennsylvania Higher Education Assistance Agency, et al., U.S. Court of Appeals for the Third Circuit (October 3, 2001).  The court held that the debtor's student loan burden was not an undue hardship and was therefore, non-dischargeable.  "Undue hardship" is subject to a three-pronged test that must be strictly construed.  The debtor must meet each prong by a preponderance of the evidence.

Association of Pennsylvania State College and University Faculties v. Pennsylvania Labor Relations Board, Pennsylvania Commonwealth Court (September 13, 2001). The Court affirmed the decision of the PLRB that the proposal, made by the Pennsylvania State System of Higher Education to the faculty union, for an annual increment of less than 5% was not a violation of Act 182. The Court also held that the State System did not commit an unfair labor practice and that the union's arguments to the contrary were "wholly without merit."