emphasis defense (Pennsylvania) · Go Syfert
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emphasis defense in Pennsylvania

5 Pennsylvania opinions name it 2 courts 1973–2016 0 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.

Followed or applied (4)

CaseFollowedCited
Schuylkill Township v. Pennsylvania Builders Associationgreen
pa · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016The emphasis of the exception Williams invoked is “on [the] newly discovered facts, not on a newly discovered or newly willing source for previously known facts.” Commonwealth v. Marshall, 947 A.2d 714, 720 (Pa. 2008) (emphasis in original).

11
Pritchard v. Dow Agro Sciencesgreen
pawd · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2009–2009
1 sentence

2009As the Commonwealth Court observed, federal courts have interpreted Federal Rule 36 as liberally permitting withdrawal or amendment of responses to requests for admissions "where upholding the admission would practically eliminate any presentation of the merits of the case; where withdrawal would prevent manifest injustice; and where the party who obtained the admissions failed to prove that withdrawal would result in prejudice to that party." Dwight v. Girard Medical Center, 154 Pa.Cmwlth. 326 , 623 A.2d 913, 916 (1993) (citing Westmoreland v. Triumph Motorcycle Corp., 71 F.R.D. 192 (D.Conn.1

11
Dwight v. Girard Medical Centergreen
pacommwct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2009–2009
2 sentences

2009As the Commonwealth Court observed, federal courts have interpreted Federal Rule 36 as liberally permitting withdrawal or amendment of responses to requests for admissions "where upholding the admission would practically eliminate any presentation of the merits of the case; where withdrawal would prevent manifest injustice; and where the party who obtained the admissions failed to prove that withdrawal would result in prejudice to that party." Dwight v. Girard Medical Center, 154 Pa.Cmwlth. 326 , 623 A.2d 913, 916 (1993) (citing Westmoreland v. Triumph Motorcycle Corp., 71 F.R.D. 192 (D.Conn.1

2009As the Commonwealth Court observed, federal courts have interpreted Federal Rule 36 as liberally permitting withdrawal or amendment of responses to requests for admissions "where upholding the admission would practically eliminate any presentation of the merits of the case; where withdrawal would prevent manifest injustice; and where the party who obtained the admissions failed to prove that withdrawal would result in prejudice to that party." Dwight v. Girard Medical Center, 154 Pa.Cmwlth. 326 , 623 A.2d 913, 916 (1993) (citing Westmoreland v. Triumph Motorcycle Corp., 71 F.R.D. 192 (D.Conn.1

11
Commonwealth v. Browngreen
pa · 1976 · cited in 1 Pennsylvania opinions naming this issue, 1997–1997
2 sentences

1997See Commonwealth v. Brown, 467 Pa. 388, 392-93 , 357 A.2d 147, 149-50 (1976) (trial court did not err in allowing metal rod and wooden handle found at murder scene to be taken into the jury room where defense counsel displayed metal rod to jury during his summation and raised condition of rod as a means to refute Commonwealth’s case).

1997See Commonwealth v. Brown, 467 Pa. 388, 392-93 , 357 A.2d 147, 149-50 (1976) (trial court did not err in allowing metal rod and wooden handle found at murder scene to be taken into the jury room where defense counsel displayed metal rod to jury during his summation and raised condition of rod as a means to refute Commonwealth’s case).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Westmoreland v. Triumph Motorcycle Corp. green
ctd · 1976
1 sentence

2009As the Commonwealth Court observed, federal courts have interpreted Federal Rule 36 as liberally permitting withdrawal or amendment of responses to requests for admissions "where upholding the admission would practically eliminate any presentation of the merits of the case; where withdrawal would prevent manifest injustice; and where the party who obtained the admissions failed to prove that withdrawal would result in prejudice to that party." Dwight v. Girard Medical Center, 154 Pa.Cmwlth. 326 , 623 A.2d 913, 916 (1993) (citing Westmoreland v. Triumph Motorcycle Corp., 71 F.R.D. 192 (D.Conn.1

12009–2009
United States v. Wilson Arroyo-Angulo, Hugo Gomez, Jaime Rayo-Montano and Guillermo Moreno green
ca2 · 1978
1 sentence

1981In view of the emphasis which defense counsel placed upon the bias of the Commonwealth witnesses, we conclude that the error in stressing this particular witness’ lack of bias does not require reversal. 4 United States v. Arroyo-Angulo, 580 F.2d 1137 (2d Cir.), cert. denied, 439 U.S. 913 , 99 S.Ct. 285 , 58 L.Ed.2d 260 (1978).

11981–1981
Arroyo-Angulo v. United States green
scotus · 1978
1 sentence

1981In view of the emphasis which defense counsel placed upon the bias of the Commonwealth witnesses, we conclude that the error in stressing this particular witness’ lack of bias does not require reversal. 4 United States v. Arroyo-Angulo, 580 F.2d 1137 (2d Cir.), cert. denied, 439 U.S. 913 , 99 S.Ct. 285 , 58 L.Ed.2d 260 (1978).

11981–1981
Goldsmith v. United States green
scotus · 1978
1 sentence

1981In view of the emphasis which defense counsel placed upon the bias of the Commonwealth witnesses, we conclude that the error in stressing this particular witness’ lack of bias does not require reversal. 4 United States v. Arroyo-Angulo, 580 F.2d 1137 (2d Cir.), cert. denied, 439 U.S. 913 , 99 S.Ct. 285 , 58 L.Ed.2d 260 (1978).

11981–1981
Golden Slipper Square Club v. Golden Slipper Restaurant & Catering, Inc. green
pa · 1952
2 sentences

1973Similarly, in Golden Slipper Square Club v. Golden Slipper Restaurant & Catering, Inc., 371 Pa. 92 , 88 A. 2d 734 (1952), this Court enjoined the use of the name “Golden Slipper” by a non competing business upon a finding that the name was adopted with the specific intention of trading upon plaintiff’s reputation.

1973Similarly, in Golden Slipper Square Club v. Golden Slipper Restaurant & Catering, Inc., 371 Pa. 92 , 88 A. 2d 734 (1952), this Court enjoined the use of the name “Golden Slipper” by a non competing business upon a finding that the name was adopted with the specific intention of trading upon plaintiff’s reputation.

11973–1973
Food Fair Stores, Inc., a Corporation v. Lakeland Grocery Corp., a Corporation green
ca4 · 1962
1 sentence

1973Indeed, it is pointed out in Nims on Unfair Competition and Trademarks, Section 218b, page 649, that to some extent the emphasis of the inquiry has been shifted in determining whether a trademark or trade name is entitled to extra-territorial protection, so that in some cases much more stress is placed upon the question of good faith and much less on the extent to which the name is known in a given area.” 301 F. 2d at 162-63 .

11973–1973

Where else courts name it

TX 28 (1986–2025) OR 11 (1983–2019) AL 6 (2001–2013) PA 5 (1973–2016) NM 5 (2019–2023) WA 4 (1982–2017) CA 4 (1966–1992) IL 4 (1970–2001) NJ 3 (1946–2021) OH 3 (1990–2014) NY 3 (1962–2005) GA 2 (1962–1984) MD 2 (2008–2013) IA 2 (1977–1978) MN 2 (2008–2012) FL 2 (1990–2015) WI 2 (1988–1998) IN 2 (1990–2015) ID 2 (1988–2000)

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.

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