42 Pennsylvania opinions name it 6 courts 1935–2024 4 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Andrezjwski v. Borough of Millvalegreen2 sentences2017In general, “a quo warranto action constitutes the proper method to challenge title or right to public office.” Matter of One Hundred or More Qualified Electors of Municipality of Clairton, 683 A.2d 283, 286 (Pa. 1996) (citing Andrezjwski v. Borough of Millvale, 673 A.2d 879, 881 (Pa. 1996)). 2000Andrezjwski v. Borough of Millvale, 543 Pa. 539 , 673 A.2d 879, 881 (1996). | 3 | 4 |
In Re One Hundred or More Qualified Electorsgreen2 sentences2017In general, “a quo warranto action constitutes the proper method to challenge title or right to public office.” Matter of One Hundred or More Qualified Electors of Municipality of Clairton, 683 A.2d 283, 286 (Pa. 1996) (citing Andrezjwski v. Borough of Millvale, 673 A.2d 879, 881 (Pa. 1996)). 2015See generally In re One Hundred or More Qualified Electors of the Municipality of Clairton, 546 Pa. 126, 132 , 683 A.2d 283, 286 (1996) (explaining that “a quo warranto action constitutes the proper method to challenge title or right to public office”). | 3 | 3 |
Zappala v. Brandolini Property Management, Inc.green2 sentences2024Preliminary objection “is the exclusive method to challenge venue as ‘improper.’” Id. 2024Further, of the various “grounds available to challenge venue, only improper venue may be raised by preliminary objection[.]” Id. at 1272 (cleaned up) (quoting Pa.R.Civ.P. 1028, Note). | 2 | 2 |
AAA Mid-Atlantic Insurance v. Ryangreen2 sentences2015See, e.g., AAA Mid-Atlantic Insurance Company v. Ryan, 624 Pa. 93 , 84 A.3d 626, 632-33 (2014) (holding court must give plain meaning to clear and unambiguous terms of insurance contract unless provision violates clearly expressed public policy); Jerry’s Sport Center, Inc., at 540 (stating rules of contract interpretation apply to insurance contracts; mutual intention of parties at time they formed contract governs its interpretation). 2015See, e.g., AAA Mid-Atlantic Insurance Company v. Ryan, 624 Pa. 93 , 84 A.3d 626, 632-33 (2014) (holding court must give plain meaning to clear and unambiguous terms of insurance contract unless provision violates clearly expressed public policy); Jerry’s Sport Center, Inc., at 540 (stating rules of contract interpretation apply to insurance contracts; mutual intention of parties at time they formed contract governs its interpretation). | 2 | 2 |
Condemnation of a Tract of Landgreen1 sentence2024Appeal of McKonly, 618 A.2d 1169, 1170 (Pa. Cmwlth. 1992). | 1 | 1 |
Bloom v. Workmen's Compensation Appeal Boardgreen1 sentence2019Id.; Mercy Douglas Corp. v. Workers’ Compensation Appeal Board (Davis), 713 A.2d 722, 725 (Pa. Cmwlth. 1998); Bloom v. Workmen’s Compensation Appeal Board (Keystone Pretzel Bakery), 677 A.2d 1314, 1318 (Pa. Cmwlth. 1996). 8 Insurer next argues that the Hearing Officer erred in concluding that Insurer should have incurred the expense of obtaining utilization review for the treatment at issue. | 1 | 1 |
Mercy Douglas Corp. v. Workers' Compensation Appeal Board (Davis)green1 sentence2019Id.; Mercy Douglas Corp. v. Workers’ Compensation Appeal Board (Davis), 713 A.2d 722, 725 (Pa. Cmwlth. 1998); Bloom v. Workmen’s Compensation Appeal Board (Keystone Pretzel Bakery), 677 A.2d 1314, 1318 (Pa. Cmwlth. 1996). 8 Insurer next argues that the Hearing Officer erred in concluding that Insurer should have incurred the expense of obtaining utilization review for the treatment at issue. | 1 | 1 |
In re Condemnation by the Commonwealthgreen1 sentence2017Section 306(a)(3)(ii) of the Eminent Domain Code makes preliminary objections the exclusive method to challenge “[t]he sufficiency of security.” 26 Pa.C.S. § 306(a)(3)(ii); see also In re Condemnation by the Dep’t of Transp. of Right of Way for Legislative Route 146, 547 A.2d 867 (Pa. Cmwlth. 1988). | 1 | 1 |
Commonwealth v. Martigreen1 sentence2014See Commonwealth v. Marti, 779 A.2d 1177 , 1179 n.1 (Pa. Super. 2001) (“We note that a motion to dismiss is not the proper means by which to test the sufficiency of the Commonwealth’s evidence pre-trial. | 1 | 1 |
Bear Creek Township v. Riebelgreen1 sentence2012Bear Creek Twp. v. Riebel, 37 A.3d 64, 67 (Pa.Cmwlth.2012); 26 Pa. C.S. § 102. 5 As a result, the Alineics’ decision to file preliminary objections was correct as preliminary objections are the only method to challenge the Township’s Declaration of Taking. | 1 | 1 |
Commonwealth v. Elgreen1 sentence2009Motion, at 27); (Trial Ct. Op. at 4). ¶ 14 The suppression court’s method of analysis, isolating three purported deficiencies in the evidence presented, appears to ignore the “totality of circumstances” test accepted by Dunlap, *919 supra at 674, and Banks, supra at 753 , in favor of a defacto piecemeal analysis disfavored by El, supra at 660 (“We do not review the evidence piecemeal.”). | 1 | 1 |
In the Interest of S.R.green1 sentence2009Furthermore, piecemeal analysis shifts the focus of inquiry away from “the facts and circumstances [i] within the knowledge of the officer at the time of the arrest, and of which he has reasonably trustworthy information, [] sufficient to warrant a man of reasonable caution in the belief that the suspect has committed or is committing a crime[.]” Dunlap, 941 A.2d at 675 (citation omitted). | 1 | 1 |
Vartan v. REEDgreen2 sentences2007Vartan v. Reed, 100 Pa.Cmwlth. 163 , 514 A.2d 646, 648 (1986). 2007Vartan v. Reed, 100 Pa.Cmwlth. 163 , 514 A.2d 646, 648 (1986). | 1 | 1 |
Petition of Hughesgreen1 sentence2000See In re Petition of Hughes, 532 A.2d 298 (Pa. 1987) (defendant was not holding public office at the time that this Court held that he was ineligible to do so as a result of his convictions for infamous crimes). [8] A quo warranto action is the proper method to challenge title or right to public office. | 1 | 1 |
Commonwealth v. Scottgreen2 sentences1999The value of the inquiry for testing purposes is often so small and the opportunities of its abuse by underhand ways are so great that the practice may amount to little more than a mere subterfuge---- Wigmore on Evidence, Vol. III, sec. 988, p. 920-21; Commonwealth v. Selkow, 206 Pa.Super. 273, 275-78 , 212 A.2d 919, 920-21 (1965); see also Scott, 496 Pa. at 196 , 436 A.2d at 611 (quoting McCormick on Evidence, s 191, at 451 (2d Ed.1972) (“rule permitting the cross-examiner to ask the character witness whether he ‘has heard’ ... of other particular crimes of accused involving the same trait is 1999The value of the inquiry for testing purposes is often so small and the opportunities of its abuse by underhand ways are so great that the practice may amount to little more than a mere subterfuge---- Wigmore on Evidence, Vol. III, sec. 988, p. 920-21; Commonwealth v. Selkow, 206 Pa.Super. 273, 275-78 , 212 A.2d 919, 920-21 (1965); see also Scott, 496 Pa. at 196 , 436 A.2d at 611 (quoting McCormick on Evidence, s 191, at 451 (2d Ed.1972) (“rule permitting the cross-examiner to ask the character witness whether he ‘has heard’ ... of other particular crimes of accused involving the same trait is | 1 | 1 |
Commonwealth v. Selkowgreen2 sentences1999The value of the inquiry for testing purposes is often so small and the opportunities of its abuse by underhand ways are so great that the practice may amount to little more than a mere subterfuge---- Wigmore on Evidence, Vol. III, sec. 988, p. 920-21; Commonwealth v. Selkow, 206 Pa.Super. 273, 275-78 , 212 A.2d 919, 920-21 (1965); see also Scott, 496 Pa. at 196 , 436 A.2d at 611 (quoting McCormick on Evidence, s 191, at 451 (2d Ed.1972) (“rule permitting the cross-examiner to ask the character witness whether he ‘has heard’ ... of other particular crimes of accused involving the same trait is 1999The value of the inquiry for testing purposes is often so small and the opportunities of its abuse by underhand ways are so great that the practice may amount to little more than a mere subterfuge---- Wigmore on Evidence, Vol. III, sec. 988, p. 920-21; Commonwealth v. Selkow, 206 Pa.Super. 273, 275-78 , 212 A.2d 919, 920-21 (1965); see also Scott, 496 Pa. at 196 , 436 A.2d at 611 (quoting McCormick on Evidence, s 191, at 451 (2d Ed.1972) (“rule permitting the cross-examiner to ask the character witness whether he ‘has heard’ ... of other particular crimes of accused involving the same trait is | 1 | 1 |
| Commonwealth v. Petersongreen | 1 | 1 |
| Ham v. County of Los Angelesgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Treiber, S., Aplt
green
2 sentences2018They are, Commonwealth v. Treiber, 632 Pa. 449 , 121 A.3d 435 (2015); Commonwealth v. Lyons, 622 Pa. 91 , 79 A.3d 1053 (2013), and Commonwealth v. Foley, 38 A.3d 882 (Pa. Super. 2012). 2018They are, Commonwealth v. Treiber, 632 Pa. 449 , 121 A.3d 435 (2015); Commonwealth v. Lyons, 622 Pa. 91 , 79 A.3d 1053 (2013), and Commonwealth v. Foley, 38 A.3d 882 (Pa. Super. 2012). | 2 | 2018–2018 |
Commonwealth v. Foley
green
2 sentences2018They are, Commonwealth v. Trieber, 121 A.3d 435 (Pa. 2015); Commonwealth v. Lyons, 79 A.3d 1053 (Pa. 2013), and Commonwealth v. Foley, 38 A.3d 882 (Pa. Super. 2012). 2018They are, Commonwealth v. Treiber, 632 Pa. 449 , 121 A.3d 435 (2015); Commonwealth v. Lyons, 622 Pa. 91 , 79 A.3d 1053 (2013), and Commonwealth v. Foley, 38 A.3d 882 (Pa. Super. 2012). | 2 | 2018–2018 |
Commonwealth v. Lyons
green
2 sentences2018They are, Commonwealth v. Treiber, 632 Pa. 449 , 121 A.3d 435 (2015); Commonwealth v. Lyons, 622 Pa. 91 , 79 A.3d 1053 (2013), and Commonwealth v. Foley, 38 A.3d 882 (Pa. Super. 2012). 2018They are, Commonwealth v. Treiber, 632 Pa. 449 , 121 A.3d 435 (2015); Commonwealth v. Lyons, 622 Pa. 91 , 79 A.3d 1053 (2013), and Commonwealth v. Foley, 38 A.3d 882 (Pa. Super. 2012). | 2 | 2018–2018 |
Commonwealth v. Lee
green
2 sentences1979In Commonwealth v. Lee, 460 Pa. 324 , 333 A.2d 749 (1975), the court made clear that the proper method to challenge the validity of a guilty plea is to file a petition to withdraw the plea. 2 Under normal circumstances, appellant’s arguments would be considered waived because of his failure to file a petition to withdraw the plea. 1979In Commonwealth v. Lee, 460 Pa. 324 , 333 A.2d 749 (1975), the court made clear that the proper method to challenge the validity of a guilty plea is to file a petition to withdraw the plea. 2 Under normal circumstances, appellant’s arguments would be considered waived because of his failure to file a petition to withdraw the plea. | 2 | 1977–1979 |
Williams v. LeBar
neutral
2 sentences1963Where *103 the most that the case discloses is an error of judgment on the surgeon's part, there is no liability: Williams v. LeBar, 141 Pa. 149, 159 ." [7] Four years later, in Hodgson v. Bigelow, 335 Pa. 497 , 7 A. 2d 338 , the majority of this Court seemingly restricted an implication in Duckworth (p. 518): "The rule in Pennsylvania is not that `for a mistake in diagnosis there is no liability', but it is that `for a mistake in diagnosis where the symptoms were obscure' . . . there is no liability. [citing Duckworth]." Factually, Duckworth differs from the case at bar. 1963Where the most that the case discloses is an error of judgment on the surgeon’s part, there is no liability: Williams v. LeBar, 141 Pa. 149, 159 .” 7 Four years later, in Hodgson v. Bigelow, 335 Pa. 497 , 7 A. 2d 338 , the majority of this Court seemingly restricted an implication in Duckworth (p. 518) : “The rule in Pennsylvania is not that Tor a mistake in diagnosis there is no liability’, but it is that ‘for a mistake in diagnosis where the symptoms were obscure’ . . . there is no liability, [citing Duckworth].” Factually, Duckworth differs from the case at bar. | 2 | 1935–1963 |
Hawkins v. Commonwealth, Pennsylvania Board of Probation & Parole
green
1 sentence2024See Scott, 256 A.3d at 491; Hawkins, 490 A.2d at 947 . | 1 | 2024–2024 |
Estate of Whitley
green
1 sentence2018The executor countered that the appellant’s appeal was improper because “an appeal from probate is the exclusive method to challenge the validity of a will.” Id. | 1 | 2018–2018 |
Redding v. Atlantic City Electric Co.
green
2 sentences2009Relying in part on Redding v. Atlantic City Electric Company et. al., 440 Pa. 533 , 269 A.2d 680 (1970), and McConnell Appeal, 428 Pa. 270 , 236 A.2d 796 (1968), 8 this Court determined *573 that, where the PUC had not determined the validity of the proposed taking by a public utility corporation, an action in equity, and not preliminary objections to the declaration of taking in that case, was the proper method to challenge the validity of the taking. 2009Relying in part on Redding v. Atlantic City Electric Company et. al., 440 Pa. 533 , 269 A.2d 680 (1970), and McConnell Appeal, 428 Pa. 270 , 236 A.2d 796 (1968), 8 this Court determined *573 that, where the PUC had not determined the validity of the proposed taking by a public utility corporation, an action in equity, and not preliminary objections to the declaration of taking in that case, was the proper method to challenge the validity of the taking. | 1 | 2009–2009 |
Condemnation of Lands of Swidzinski
green
1 sentence2009Swidzinski, 579 A.2d at 1357 . | 1 | 2009–2009 |
McConnell Appeal
green
2 sentences2009Relying in part on Redding v. Atlantic City Electric Company et. al., 440 Pa. 533 , 269 A.2d 680 (1970), and McConnell Appeal, 428 Pa. 270 , 236 A.2d 796 (1968), 8 this Court determined *573 that, where the PUC had not determined the validity of the proposed taking by a public utility corporation, an action in equity, and not preliminary objections to the declaration of taking in that case, was the proper method to challenge the validity of the taking. 2009Relying in part on Redding v. Atlantic City Electric Company et. al., 440 Pa. 533 , 269 A.2d 680 (1970), and McConnell Appeal, 428 Pa. 270 , 236 A.2d 796 (1968), 8 this Court determined *573 that, where the PUC had not determined the validity of the proposed taking by a public utility corporation, an action in equity, and not preliminary objections to the declaration of taking in that case, was the proper method to challenge the validity of the taking. | 1 | 2009–2009 |
In re Condemnation by the Redevelopment Authority of Lancaster of Real Estate
green
1 sentence2007Indeed, as this Court explained in City of Lancaster, [The] Local Agency Law does not apply to certifications of blight, because the Eminent Domain Code provides the exclusive method to challenge the propriety of the condemnation. *1268 682 A.2d at 1372 . | 1 | 2007–2007 |
Daubert v. Merrell Dow Pharmaceuticals, Inc.
green
2 sentences2003The Downing opinion was a precursor to the United States Supreme Court opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 594 n. 12, 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993) (reliability “discussion draws in part” on Downing). 2003The Downing opinion was a precursor to the United States Supreme Court opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 594 n. 12, 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993) (reliability “discussion draws in part” on Downing). | 1 | 2003–2003 |
Timmons v. Twin Cities Area New Party
green
2 sentences1999The Supreme Court in Timmons v. Twin Cities Area New Party, 520 U.S. 351, 358 , 117 S.Ct. 1364, 1370 , 137 L.Ed.2d 589 (1997), recited the applicable method of analysis: When deciding whether a state election law violates First and Fourteenth Amendment associational rights, we weigh the character and magnitude of the burden the State’s rule imposes on those rights against the interests the State contends justify that burden, and consider the extent to which the State’s concerns make the burden necessary. 1999The Supreme Court in Timmons v. Twin Cities Area New Party, 520 U.S. 351, 358 , 117 S.Ct. 1364, 1370 , 137 L.Ed.2d 589 (1997), recited the applicable method of analysis: When deciding whether a state election law violates First and Fourteenth Amendment associational rights, we weigh the character and magnitude of the burden the State’s rule imposes on those rights against the interests the State contends justify that burden, and consider the extent to which the State’s concerns make the burden necessary. | 1 | 1999–1999 |
Commonwealth v. Wolfe
green
2 sentences1998Commonwealth v. Wolfe, 301 Pa.Super. 187 , 447 A.2d 305 (Pa.Super.1982). 1998Commonwealth v. Wolfe, 301 Pa.Super. 187 , 447 A.2d 305 (Pa.Super.1982). | 1 | 1998–1998 |
| Insurance Adjustment Bureau v. Insurance Commissioner of Pennsylvania green | 1 | 1994–1994 |
| Wightman Health Center v. Office of the Treasurer green | 1 | 1993–1993 |
| Philadelphia Tax Review Board v. Smith, Kline & French Laboratories green | 1 | 1993–1993 |
| Commonwealth v. Penrod green | 1 | 1991–1991 |
| Faranda Appeal green | 1 | 1990–1990 |
| Swartz v. Masloff green | 1 | 1986–1986 |
| Borough of Canonsburg v. Flood green | 1 | 1985–1985 |
| Schauer v. Whitehall Borough green | 1 | 1985–1985 |
| Commonwealth v. Hubbard red | 1 | 1983–1983 |
| Zautra v. Miller green | 1 | 1982–1982 |
| Stump v. Sparkman green | 1 | 1978–1978 |
| Pemberton Appeal green | 1 | 1976–1976 |
| School District v. Zoning Board of Adjustment green | 1 | 1976–1976 |
| Kratz v. Allentown green | 1 | 1973–1973 |
| Hodgson v. Bigelow green | 1 | 1963–1963 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.