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5 Pennsylvania opinions name it 2 courts 1996–2021 1 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 |
|---|---|---|
Bennett v. A.T. Masterpiece Homes at Broadsprings, LLCgreen2 sentences2021Masterpiece, 40 A.3d 145, 154 (Pa. Super. 2012), the Superior Court aligned itself with the Commonwealth Court in recognizing that “the legislature's inclusion of ‘deceptive’ in 1996 signaled that either fraudulent or deceptive conduct would constitute a catchall violation.” Id. at 154 . 2021Masterpiece, 40 A.3d 145, 154 (Pa. Super. 2012), the Superior Court aligned itself with the Commonwealth Court in recognizing that “the legislature's inclusion of ‘deceptive’ in 1996 signaled that either fraudulent or deceptive conduct would constitute a catchall violation.” Id. at 154 . | 2 | 2 |
Commonwealth v. Wallacegreen2 sentences2000See, e.g., Commonwealth v. Wallace, 555 Pa. 397, 405-07 , 724 A.2d 916, 921 (1999) (ineffectiveness claims raised by a defendant in a PCRA petition will not be deemed waived so long as the PCRA peti tion represents his first opportunity to challenge the stewardship of his allegedly ineffective prior counsel) (citations omitted). 2000See, e.g., Commonwealth v. Wallace, 555 Pa. 397, 405-07 , 724 A.2d 916, 921 (1999) (ineffectiveness claims raised by a defendant in a PCRA petition will not be deemed waived so long as the PCRA peti tion represents his first opportunity to challenge the stewardship of his allegedly ineffective prior counsel) (citations omitted). | 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. Tap Pharmaceutical Products, Inc.
green
2 sentences2021In TAP, the Commonwealth Court found no inconsistency between a jury’s defense verdict on claims of negligent or fraudulent misrepresentation and a trial court’s decision that the defendant violated the catch-all provision of the CPL. 36 A.3d at 1253 . 2018In Commonwealth v. TAP Pharmaceutical Products, Inc. , 36 A.3d 1197 (Pa. Cmwlth. 2011), reversed on other grounds , 626 Pa. 1 , 94 A.3d 350 (2014), the Commonwealth Court held that a defense jury verdict on negligent misrepresentation is not res judicata or collateral estoppel against a non-jury UTPCPL catchall claim. | 2 | 2018–2021 |
Commonwealth v. TAP Pharmaceutical Products, Inc.
green
2 sentences2018In Commonwealth v. TAP Pharmaceutical Products, Inc. , 36 A.3d 1197 (Pa. Cmwlth. 2011), reversed on other grounds , 626 Pa. 1 , 94 A.3d 350 (2014), the Commonwealth Court held that a defense jury verdict on negligent misrepresentation is not res judicata or collateral estoppel against a non-jury UTPCPL catchall claim. 2018In Commonwealth v. TAP Pharmaceutical Products, Inc. , 36 A.3d 1197 (Pa. Cmwlth. 2011), reversed on other grounds , 626 Pa. 1 , 94 A.3d 350 (2014), the Commonwealth Court held that a defense jury verdict on negligent misrepresentation is not res judicata or collateral estoppel against a non-jury UTPCPL catchall claim. | 1 | 2018–2018 |
Skurnowicz v. Lucci
green
1 sentence2012Relying on Skurnowicz v. Lucci, 798 A.2d 788 (Pa.Super.2002), Appellant maintains the catchall section requires proof of common law fraud. | 1 | 2012–2012 |
Commonwealth v. Conforti
green
2 sentences1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille 1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille | 1 | 1996–1996 |
Mayer v. Spanel International, Ltd.
green
1 sentence1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille | 1 | 1996–1996 |
Commonwealth v. Thompson
green
2 sentences1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille 1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille | 1 | 1996–1996 |
Commonwealth v. Jermyn
green
2 sentences1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille 1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille | 1 | 1996–1996 |
Cooper v. Oklahoma
green
1 sentence1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille | 1 | 1996–1996 |
Commonwealth v. Crispell
green
2 sentences1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille 1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille | 1 | 1996–1996 |
Commonwealth v. Rainey
green
2 sentences1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille 1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille | 1 | 1996–1996 |
Commonwealth v. Basemore
green
2 sentences1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille 1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille | 1 | 1996–1996 |
Liera-Juarez v. United States
green
1 sentence1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille | 1 | 1996–1996 |
Chase v. Peterson
green
1 sentence1996Commonwealth v. Rainey, 540 Pa. 220 , 656 A.2d 1326 , cert. denied, — U.S. —, 116 S.Ct. 562 , 133 L.Ed.2d 488 (1995) (judgment of sentence of death affirmed where jury found as aggravating circumstance that appellant was attempting to rob the seventy-four year-old victim when he shot him point-blank in the back with a sawed-off shotgun and as mitigating circumstances appellant’s age and lack of significant history of criminal convictions); Commonwealth v. Thompson, 538 Pa. 297 , 648 A.2d 315 (1994) (judgment of sentence affirmed where jury found as aggravating circumstance that appellant kille | 1 | 1996–1996 |
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.