balance factors in Pennsylvania

2023Walters, 187 A.3d at 222-23 (footnotes and some citations omitted and formatting altered); see also id. at 229 (explaining that regarding the Althaus factors our “default position that, unless the justifications for and consequences of judicial policy-making are reasonably clear with the balance of factors favorably predominating, we will not impose new affirmative duties” (citation omitted and formatting altered)); Seebold, 57 A.3d at 1245 & n.19 (noting that “it is the Legislature’s chief function to set public policy and the courts’ role to enforce that policy, subject to constitutional lim

2021Moreover, the Pennsylvania Supreme Court “has [] adopted the default position that, unless the justifications for and consequences of judicial policymaking are reasonably clear with the balance of factors favorably predominating, [it] will not impose new affirmative duties.” Id.

2021Rather, a duty will be found to exist where the balance of these factors weighs in favor of placing such a burden on a defendant.” Phillips v. Cricket Lighters, 841 A.2d 1000, 1009 (Pa. 2003).

2021Rather, a duty will be found to exist where the balance of these factors weighs in favor of placing such a burden on a defendant.” Phillips, 841 A.2d at 1008-09 .

2015In J.L., police received an anonymous tip that “a young black male standing at a particular bus stop and wearing a plaid shirt was carrying a gun.” J.L., supra at 1377.

2001Jackson, at 492, 698 A.2d at 575 ; See also Florida v. J.L., 529 U.S. 266 , 120 S.Ct. 1375 , 146 L.Ed.2d 254 (2000) (United Stated Supreme Court unanimous decision holding that anonymous tip that suspect had a gun provided no means by which to test informant's credibility.

2015“Before a change in the law is made, a court, if it is to act responsibly must be able to see with reasonable clarity the results of its decision and to say with reasonable certainty that the change will serve the best interests of society.” Id., quoting Hoven v. Kelble, 256 N.W.2d 379, 392 (Wis. 1977).

2012See Cafazzo, 542 Pa. at 537 , 668 A.2d at 527 (“[B]efore a change in the law is made, a court, if it is to act responsibly must be able to see with reasonable clarity the results of its decision and to say with reasonable certainty that the change will serve the best interests of society.” (quoting Hoven, 256 N.W.2d at 391 )).

1910It was held in Taber v. Olmsted, 158 Pa. 351 , that, where there is no standing or general rule of court allowing plaintiff to take judgment and have execution for that part of his claim which is admitted and to proceed in due legal course for the part which is contested, the court has power to make a special order in a particular case to permit the plaintiff so to do, and thereafter to proceed by motion for judgment for want of a sufficient affidavit of defense.

1896See Taber v. Olmstead, 158 Pa. 351 .

2023Walters, 187 A.3d at 222-23 (footnotes and some citations omitted and formatting altered); see also id. at 229 (explaining that regarding the Althaus factors our “default position that, unless the justifications for and consequences of judicial policy-making are reasonably clear with the balance of factors favorably predominating, we will not impose new affirmative duties” (citation omitted and formatting altered)); Seebold, 57 A.3d at 1245 & n.19 (noting that “it is the Legislature’s chief function to set public policy and the courts’ role to enforce that policy, subject to constitutional lim

2023Walters, 187 A.3d at 222-23 (footnotes and some citations omitted and formatting altered); see also id. at 229 (explaining that regarding the Althaus factors our “default position that, unless the justifications for and consequences of judicial policy-making are reasonably clear with the balance of factors favorably predominating, we will not impose new affirmative duties” (citation omitted and formatting altered)); Seebold, 57 A.3d at 1245 & n.19 (noting that “it is the Legislature’s chief function to set public policy and the courts’ role to enforce that policy, subject to constitutional lim

2021See id.

2021Accordingly, “the default position of our courts is that, unless the justifications for and consequences of judicial policymaking are reasonably clear with the balance of factors favorably predominating, we will not impose new affirmative duties.” Id. at 252 (citation and brackets omitted).

2017“The 50 [Pennsylvania Supreme] Court has said it is ‘reluctan[t] to impose new affirmative duties,’ especially where there is an existing and longstanding framework establishing what duties generally apply, and that a request to add a new duty to such an existing framework ‘require[s] concrete and substantial justification.’” Newell v. Montana West, Inc., 154 A.3d 819, 832 (Pa. Super. 2017) (quoting Seebold, 57 A.3d at 1246 ).

2017The following factors are reler vant in determining whether to recognize a duty: “(1) the relationship between the parties; (2) the social utility of the actor’s conduct; (3) the nature of the risk imposed and foreseeability of the harm incurred; (4) the consequences of imposing a duty upon the actor; and (5) the overall public interest in the proposed solution.” Alderwoods, 106 A.3d at 33 (citation omitted).

2016See Commonwealth v. Spotz supra 610 Pa. at 71 , Fn. 17, 18 A.3d at 275 , Fn. 17; Commonwealth v. Jones supra 572 Pa. at 359 , 815 A.2d at 607 -08 citing Commonwealth v. Bond supra 572 Pa. at 599-600 , 819 A.2d at 39 ; Commonwealth v. Basemore supra 560 Pa. at 272 , 744 A.2d at 725 ; and Commonwealth v. Albrecht supra 554 Pa. at 56 , 720 A.2d at 706 .

2016See Commonwealth v. Spotz supra 610 Pa. at 71 , Fn. 17, 18 A.3d at 275 , Fn. 17; Commonwealth v. Jones supra 572 Pa. at 359 , 815 A.2d at 607 -08 citing Commonwealth v. Bond supra 572 Pa. at 599-600 , 819 A.2d at 39 ; Commonwealth v. Basemore supra 560 Pa. at 272 , 744 A.2d at 725 ; and Commonwealth v. Albrecht supra 554 Pa. at 56 , 720 A.2d at 706 .

2012See Cafazzo, 542 Pa. at 537 , 668 A.2d at 527 (“[B]efore a change in the law is made, a court, if it is to act responsibly must be able to see with reasonable clarity the results of its decision and to say with reasonable certainty that the change will serve the best interests of society.” (quoting Hoven, 256 N.W.2d at 391 )).

2012See Cafazzo, 542 Pa. at 537 , 668 A.2d at 527 (“[B]efore a change in the law is made, a court, if it is to act responsibly must be able to see with reasonable clarity the results of its decision and to say with reasonable certainty that the change will serve the best interests of society.” (quoting Hoven, 256 N.W.2d at 391 )).

2012See id. 19 In this landscape, the Court has previously adopted the default position that, unless the justifications for and consequences of judicial policymaking are reasonably clear with the balance of factors favorably predominating, we will not impose new affirmative duties.

1982See Commonwealth v. Ulatoski, 472 Pa. 53 , 63 n. 11, 371 A.2d 186 , 191 n.11 (1977); Commonwealth v. Wright, supra, 259 Pa.Superior Ct. at 299, 393 A.2d at 836 ; Commonwealth v. Hude, supra, 256 Pa.Superior Ct. at 445, 390 A.2d at 186. *120 While the consolidated trial setting does not change the standard for determining the admissibility of other crimes evidence, it does subtly influence the balance of factors.

1982See Commonwealth v. Ulatoski, 472 Pa. 53 , 63 n. 11, 371 A.2d 186 , 191 n.11 (1977); Commonwealth v. Wright, supra, 259 Pa.Superior Ct. at 299, 393 A.2d at 836 ; Commonwealth v. Hude, supra, 256 Pa.Superior Ct. at 445, 390 A.2d at 186. *120 While the consolidated trial setting does not change the standard for determining the admissibility of other crimes evidence, it does subtly influence the balance of factors.

1979See Commonwealth v. Stoffan, 228 Pa.Super. 127 , 323 A.2d 318 (1974).

1979See Commonwealth v. Stoffan, 228 Pa.Super. 127 , 323 A.2d 318 (1974).