30 Pennsylvania opinions name it 5 courts 1975–2026 3 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 |
|---|---|---|
In Re JDWMgreen2 sentences2010See In re J.D.W.M., supra. Psychologist Bruce Anderson’s testimony demonstrated that, due to Z.P.’s young age, locating a permanent and stable home for Z.P. as soon as possible would best serve his interests. 2010See In re J.D.W.M., supra . | 2 | 2 |
Commonwealth v. Jacobsgreen2 sentences1998See Commonwealth v. Jacobs, 536 Pa. 402, 406-07 , 639 A.2d 786, 788 (1994). 1998See Commonwealth v. Jacobs, 536 Pa. 402, 406-07 , 639 A.2d 786, 788 (1994). | 2 | 2 |
Repko v. Chichester School Districtgreen2 sentences2026Under the Grieff approach, the determinative inquiry is whether the injury is caused by the care, custody or control of the real property itself.”6 Id. 2026Under the Grieff approach, the determinative inquiry is whether the injury is caused by the care, custody or control of the real property itself.”6 Id. | 1 | 3 |
Commonwealth v. McCutchengreen2 sentences1999In Commonwealth v. McCutchen, 499 Pa. 597, 602 , 454 A.2d 547, 549 (1982), this Court stated that: To permit the disturbing nature of the images of the victim to rule the question of admissibility would result in the exclusion of all photographs of the homicide victim, and would defeat one of the essential functions of a criminal trial, inquiry into the intent of the actor. 1999In Commonwealth v. McCutchen, 499 Pa. 597, 602 , 454 A.2d 547, 549 (1982), this Court stated that: To permit the disturbing nature of the images of the victim to rule the question of admissibility would result in the exclusion of all photographs of the homicide victim, and would defeat one of the essential functions of a criminal trial, inquiry into the intent of the actor. | 1 | 3 |
Grieff v. Reisingergreen2 sentences2025A. The Grieff Approach – When Injury is Caused by Care, Custody or Control of the Real Property Itself Under Grieff v. Reisinger, 693 A.2d 195, 197 (Pa. 1997), (i.e., the “Grief approach”), the determinative inquiry is whether the injury is caused by the care, custody, or control of the real property itself. 2018Grieff v. Reisinger, 693 A.2d 195 (Pa. 1997).4 Appellant argues that the trial court erred in concluding that the real property exception to governmental immunity does not apply in this case. | 1 | 2 |
Beers v. Beersgreen2 sentences2004We disagree, first noting that “[a]s this Court has consistently held, Gruber refines upon, but does not alter the basic and determinative inquiry as to the direction in which the best interests of the child lie.” Beers, supra at 1209 . 2003Zoccole v. Zoccole, 751 A.2d 248 (Pa.Super.2000) (twenty-five mile move within Mercer County does not trigger Gruber). ¶ 14 “As this Court has consistently held, Gruber refines upon, but does not alter, the basic and determinative inquiry as to the direction in which the best interests of the child lie.” Beers v. Beers, 710 A.2d 1206, 1209 (Pa.Super.1998) (relying on Gancas v. Schultz, 458 Pa.Super. 324 , 683 A.2d 1207 (1996)); Plowman v. Plowman, 409 Pa.Super. 143 , 597 A.2d 701 (1991); Lee v. Fontine, 406 Pa.Super. 487 , 594 A.2d 724 (1991). | 1 | 2 |
Staffaroni v. City of Scrantongreen2 sentences2010Both approaches have been applied by the courts.” Repko, supra. The Commonwealth Court in Staffaroni v. City of Scranton, 153 Pa. Commw. 188 , 620 A.2d 676, 679 (1993), determined that the city’s placement of a drainage pipe negligently caused damage to the plaintiff’s property, that the damage was a foreseeable consequence of the city’s action, and that the plaintiff’s claim would be recoverable at common law. 2010Both approaches have been applied by the courts.” Repko, supra. The Commonwealth Court in Staffaroni v. City of Scranton, 153 Pa. Commw. 188 , 620 A.2d 676, 679 (1993), determined that the city’s placement of a drainage pipe negligently caused damage to the plaintiff’s property, that the damage was a foreseeable consequence of the city’s action, and that the plaintiff’s claim would be recoverable at common law. | 1 | 1 |
Gwin v. Merkingreen1 sentence2010See In re B.L.W., supra. The trial court erred when it held Father’s efforts were the only determinative factors at issue. 3 See In re Adaption of Michael J.C., supra (stating: “a parent who is incapable of performing parental duties is just as parentally unfit as one who refuses to perform the duties”); In re A.L.D., supra at 337 ; In re Adoption ofM.J.H., supra. ¶ 31 The record, however, supports the court’s Section 2511(b) findings that (1) there was “absolutely no bond” between Father and Z.P., see In re L.M., supra, and (2) remaining with his foster parents or being adopted would best ser | 1 | 1 |
Bednarek v. Velazquezgreen2 sentences2006“Gruber refines upon, but does not alter, the basic and determinative inquiry as to the direction in which the best interests of the child lie.” Bednarek v. Velazquez, 830 A.2d 1267, 1271 (Pa.Super.2003) (citation omitted). ¶ 8 Though the Gruber test was originally applied to out-of-state relocations, we have held that the trial court may, in its discretion, apply the Gruber analysis to intra-state moves. 2006Bednarek, 830 A.2d at 1271 . | 1 | 1 |
Hurley v. Hurleygreen1 sentence2004Instead, “it provides direction to critical elements of [the classical best interest] analysis.” Hurley v. Hurley, 754 A.2d 1283, 1285 (Pa.Super.2000). | 1 | 1 |
Bk v. Jkgreen1 sentence2003See also B.K v. J.K, 823 A.2d 987, 991 (Pa.Super.2003). | 1 | 1 |
Commonwealth v. Equitable Gas Co.green2 sentences1995In examining 72 P.S. § 7201(o ), this Court found that the public utility exclusion was “clear and unmistakable,” and that, as discussed supra, the determinative inquiry must be “whether meters are used in the direct operational function of rendering a public utility service.... ” Id. 415 Pa. at 116 , 202 A.2d at 13 (emphasis added). 1995In examining 72 P.S. § 7201(o ), this Court found that the public utility exclusion was “clear and unmistakable,” and that, as discussed supra, the determinative inquiry must be “whether meters are used in the direct operational function of rendering a public utility service.... ” Id. 415 Pa. at 116 , 202 A.2d at 13 (emphasis added). | 1 | 1 |
Burgess v. Workmen's Compensation Appeal Boardgreen1 sentence1994See Burgess v. Workmen’s Compensation Appeal Board (Plaza Foods), 149 Pa.Commonwealth Ct. 13, 612 A.2d 542 , appeal denied, 533 Pa. 613 , 618 A.2d 403 (1992) (where the job was held to be unavailable because it was offered after the claimant enrolled in a local community college at the suggestion of the Pennsylvania Office of Vocational Rehabilitation; she testified that she was not interested in retraining until she was injured; and the employer did not attempt to establish a work schedule which would accommodate her class schedule); Williams & Co., Inc. v. Workmen’s Compensation Appeal Board | 1 | 1 |
| McCloskey v. Northdale Woolen Millsgreen | 1 | 1 |
| Unemployment Compensation Board of Review v. Kesslergreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re ALD
green
2 sentences2010See In re B.L.W., supra. The trial court erred when it held Father’s efforts were the only determinative factors at issue. 3 See In re Adaption of Michael J.C., supra (stating: “a parent who is incapable of performing parental duties is just as parentally unfit as one who refuses to perform the duties”); In re A.L.D., supra at 337 ; In re Adoption ofM.J.H., supra. ¶ 31 The record, however, supports the court’s Section 2511(b) findings that (1) there was “absolutely no bond” between Father and Z.P., see In re L.M., supra, and (2) remaining with his foster parents or being adopted would best ser 2010The trial court erred when it held Father's efforts were the only determinative factors at issue. [3] See In re Adoption of Michael J.C., supra (stating: "a parent who is incapable of performing parental duties is just as parentally unfit as one who refuses to perform the duties"); In re A.L.D., supra at 337 ; In re Adoption of M.J.H., supra . ¶ 31 The record, however, supports the court's Section 2511(b) findings that (1) there was "absolutely no bond" between Father and Z.P., see In re L.M., supra , and (2) remaining with his foster parents or being adopted would best serve Z.P.'s needs and | 2 | 2010–2010 |
In re L.M.
green
2 sentences2010See In re B.L.W., supra. The trial court erred when it held Father’s efforts were the only determinative factors at issue. 3 See In re Adaption of Michael J.C., supra (stating: “a parent who is incapable of performing parental duties is just as parentally unfit as one who refuses to perform the duties”); In re A.L.D., supra at 337 ; In re Adoption ofM.J.H., supra. ¶ 31 The record, however, supports the court’s Section 2511(b) findings that (1) there was “absolutely no bond” between Father and Z.P., see In re L.M., supra, and (2) remaining with his foster parents or being adopted would best ser 2010The trial court erred when it held Father's efforts were the only determinative factors at issue. [3] See In re Adoption of Michael J.C., supra (stating: "a parent who is incapable of performing parental duties is just as parentally unfit as one who refuses to perform the duties"); In re A.L.D., supra at 337 ; In re Adoption of M.J.H., supra . ¶ 31 The record, however, supports the court's Section 2511(b) findings that (1) there was "absolutely no bond" between Father and Z.P., see In re L.M., supra , and (2) remaining with his foster parents or being adopted would best serve Z.P.'s needs and | 2 | 2010–2010 |
Lee v. Fontine
green
2 sentences2003Zoccole v. Zoccole, 751 A.2d 248 (Pa.Super.2000) (twenty-five mile move within Mercer County does not trigger Gruber). ¶ 14 “As this Court has consistently held, Gruber refines upon, but does not alter, the basic and determinative inquiry as to the direction in which the best interests of the child lie.” Beers v. Beers, 710 A.2d 1206, 1209 (Pa.Super.1998) (relying on Gancas v. Schultz, 458 Pa.Super. 324 , 683 A.2d 1207 (1996)); Plowman v. Plowman, 409 Pa.Super. 143 , 597 A.2d 701 (1991); Lee v. Fontine, 406 Pa.Super. 487 , 594 A.2d 724 (1991). 2003Zoccole v. Zoccole, 751 A.2d 248 (Pa.Super.2000) (twenty-five mile move within Mercer County does not trigger Gruber). ¶ 14 “As this Court has consistently held, Gruber refines upon, but does not alter, the basic and determinative inquiry as to the direction in which the best interests of the child lie.” Beers v. Beers, 710 A.2d 1206, 1209 (Pa.Super.1998) (relying on Gancas v. Schultz, 458 Pa.Super. 324 , 683 A.2d 1207 (1996)); Plowman v. Plowman, 409 Pa.Super. 143 , 597 A.2d 701 (1991); Lee v. Fontine, 406 Pa.Super. 487 , 594 A.2d 724 (1991). | 2 | 1998–2003 |
Commonwealth v. Pyle
red
2 sentences1984Commonwealth v. Pyle, supra 462 Pa. at 623 n. 13, 342 A.2d at 106 -07 n. 13 (citations omitted) (emphasis in original). 1984Commonwealth v. Pyle, supra 462 Pa. at 623 n. 13, 342 A.2d at 106 -07 n. 13 (citations omitted) (emphasis in original). | 2 | 1983–1984 |
Blocker v. City of Philadelphia
green
1 sentence2025The Blocker Approach – When Injury is Caused by Personalty, which is not Attached to the Real Estate, or by a Fixture, which is Attached Under Blocker v. City of Philadelphia, 763 A.2d 373 (Pa. 2000) (i.e., the “Blocker approach”), the determinative inquiry is whether the injury is caused by personalty, which is not attached to the real estate, or by a fixture, which is attached. | 1 | 2025–2025 |
Grimaud v. Commonwealth
green
1 sentence2021Hence, in their view, our Court categorized the determinative inquiry as “whether the single ballot question patently affects other constitutional provisions, not whether it implicitly has such an effect.” Id. | 1 | 2021–2021 |
In Re ZP
green
1 sentence2011Specifically, the In re Z.P. court correctly concluded that “The trial court erred when it held Father’s efforts were the only determinative factors at issue.” 994 A.2d at 1126 . | 1 | 2011–2011 |
Edward E. Pinkham v. Maine Central Railroad Company
green
1 sentence2010Pinkham, 874 F.2d at 882 . | 1 | 2010–2010 |
Plowman v. Plowman
green
2 sentences2003Zoccole v. Zoccole, 751 A.2d 248 (Pa.Super.2000) (twenty-five mile move within Mercer County does not trigger Gruber). ¶ 14 “As this Court has consistently held, Gruber refines upon, but does not alter, the basic and determinative inquiry as to the direction in which the best interests of the child lie.” Beers v. Beers, 710 A.2d 1206, 1209 (Pa.Super.1998) (relying on Gancas v. Schultz, 458 Pa.Super. 324 , 683 A.2d 1207 (1996)); Plowman v. Plowman, 409 Pa.Super. 143 , 597 A.2d 701 (1991); Lee v. Fontine, 406 Pa.Super. 487 , 594 A.2d 724 (1991). 2003Zoccole v. Zoccole, 751 A.2d 248 (Pa.Super.2000) (twenty-five mile move within Mercer County does not trigger Gruber). ¶ 14 “As this Court has consistently held, Gruber refines upon, but does not alter, the basic and determinative inquiry as to the direction in which the best interests of the child lie.” Beers v. Beers, 710 A.2d 1206, 1209 (Pa.Super.1998) (relying on Gancas v. Schultz, 458 Pa.Super. 324 , 683 A.2d 1207 (1996)); Plowman v. Plowman, 409 Pa.Super. 143 , 597 A.2d 701 (1991); Lee v. Fontine, 406 Pa.Super. 487 , 594 A.2d 724 (1991). | 1 | 2003–2003 |
Gancas v. Schultz
green
1 sentence2003Zoccole v. Zoccole, 751 A.2d 248 (Pa.Super.2000) (twenty-five mile move within Mercer County does not trigger Gruber). ¶ 14 “As this Court has consistently held, Gruber refines upon, but does not alter, the basic and determinative inquiry as to the direction in which the best interests of the child lie.” Beers v. Beers, 710 A.2d 1206, 1209 (Pa.Super.1998) (relying on Gancas v. Schultz, 458 Pa.Super. 324 , 683 A.2d 1207 (1996)); Plowman v. Plowman, 409 Pa.Super. 143 , 597 A.2d 701 (1991); Lee v. Fontine, 406 Pa.Super. 487 , 594 A.2d 724 (1991). | 1 | 2003–2003 |
Zoccole v. Zoccole
green
1 sentence2003Zoccole v. Zoccole, 751 A.2d 248 (Pa.Super.2000) (twenty-five mile move within Mercer County does not trigger Gruber). ¶ 14 “As this Court has consistently held, Gruber refines upon, but does not alter, the basic and determinative inquiry as to the direction in which the best interests of the child lie.” Beers v. Beers, 710 A.2d 1206, 1209 (Pa.Super.1998) (relying on Gancas v. Schultz, 458 Pa.Super. 324 , 683 A.2d 1207 (1996)); Plowman v. Plowman, 409 Pa.Super. 143 , 597 A.2d 701 (1991); Lee v. Fontine, 406 Pa.Super. 487 , 594 A.2d 724 (1991). | 1 | 2003–2003 |
Commonwealth v. Rush
green
2 sentences1999In deciding whether to admit such photographs, “the determinative inquiry is whether the photos have evidentiary value that outweighs the possibility of inflaming the minds and passions of the jurors.” Id. 1999In deciding whether to admit such photographs, "the determinative inquiry is whether the photos have evidentiary value that outweighs the possibility of inflaming the minds and passions of the jurors." Id. | 1 | 1999–1999 |
Williams & Co. v. Commonwealth
neutral
1 sentence1994See Burgess v. Workmen’s Compensation Appeal Board (Plaza Foods), 149 Pa.Commonwealth Ct. 13, 612 A.2d 542 , appeal denied, 533 Pa. 613 , 618 A.2d 403 (1992) (where the job was held to be unavailable because it was offered after the claimant enrolled in a local community college at the suggestion of the Pennsylvania Office of Vocational Rehabilitation; she testified that she was not interested in retraining until she was injured; and the employer did not attempt to establish a work schedule which would accommodate her class schedule); Williams & Co., Inc. v. Workmen’s Compensation Appeal Board | 1 | 1994–1994 |
Alstrom v. Commonwealth, Unemployment Compensation Board of Review
green
1 sentence1994Alstrom v. Unemployment Compensation Board of Review, 85 Pa.Commonwealth Ct. 333, 481 A.2d 1238 (1984). | 1 | 1994–1994 |
Majesky v. Workmen's Compensation Appeal Board
green
1 sentence1994However, this Court rejected a similar argument in Majesky v. Workmen's Compensation Appeal Board (Transit America, Inc.), 141 Pa.Commonwealth Ct. 398, 595 A.2d 761 , appeal denied, 529 Pa. 653 , 602 A.2d 862 (1991), when it held that the determinative inquiry is whether the contest was prompted to resolve a genuinely disputed issue, not whether a referee decided credibility against an employer’s experts. . | 1 | 1994–1994 |
Yates v. City of Philadelphia
green
1 sentence1993Furthermore, this is not a case where the police “merely” responded to a police call for assistance which was the determinative factor in Yates v. City of Philadelphia, 134 Pa.Commonwealth Ct. 282, 578 A.2d 609 (1990), appeal denied, 527 Pa. 660 , 593 A.2d 430 (1991). | 1 | 1993–1993 |
Commonwealth v. Walsh
green
2 sentences1990Id., 314 Pa.Superior Ct. at 77-78, 460 A.2d at 773 . 1990Id., 314 Pa.Superior Ct. at 77-78, 460 A.2d at 773 . | 1 | 1990–1990 |
| Commonwealth v. Peterson green | 1 | 1988–1988 |
| Commonwealth v. Morris green | 1 | 1988–1988 |
| Bell v. Roberts green | 1 | 1988–1988 |
| Commonwealth v. Sourbeer green | 1 | 1983–1983 |
| Biello v. Pennsylvania Liquor Control Board green | 1 | 1975–1975 |
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.