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Pennsylvania Senate Caucus entitled to Sovereign Immunity

Posted in Pennsylvania Commonwealth Court, Pennsylvania Supreme Court

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            Yesterday, in a case of first impression, the Pennsylvania Commonwealth Court ruled that the Pennsylvania Senate Caucuses were entitled to Sovereign Immunity on a breach of contract claim. As background information, Precision Marketing Inc. (“Precision”) entered into a contract with the Republican Senate Caucus to provide consulting services. The Senate Republican Caucus terminated the contract prior to the expiration of the term and Precision sued for $1,223,402.88.

            Initially, the lawsuit was filed before the Board of Claims. The Board of Claims determined that it did not have jurisdiction and transferred the case to the Commonwealth Court. The Commonwealth Court found that the Republican Senate Caucus is part of the Senate and as such is the Commonwealth and entitled to Sovereign Immunity.

            I would expect that Precision will file a Petition for Allowance of Appeal. I will keep you posted if the Petition is granted by the Pa Supreme Court.