opposing party challenge (Pennsylvania) · Go Syfert
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opposing party challenge in Pennsylvania

29 Pennsylvania opinions name it 2 courts 1933–2024 9 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 (6)

CaseFollowedCited
Commonwealth v. Coopergreen
pasuperct · 1998 · cited in 22 Pennsylvania opinions naming this issue, 2016–2024
2 sentences

2024“Where, however, the opposing party does not challenge the timeliness of the appeal and the prisoner’s assertion of timeliness is plausible, we may find the appeal timely without remand.” Commonwealth v. Cooper, 710 A.2d 76, 79 (Pa. Super. 1998) (citation omitted).

2024See Commonwealth v. Cooper, 710 A.2d 76, 79 (Pa. Super. 1998) (“Where … the opposing party does not challenge the timeliness of the [filing] and the prisoner’s assertion of timeliness is plausible, we may find the [filing] timely without remand.”). -4- J-S14043-24 at 1-2 (unpaginated).

1822
Commonwealth v. Pattersongreen
pasuperct · 2007 · cited in 3 Pennsylvania opinions naming this issue, 2017–2019
2 sentences

2019“Where, however, the opposing party does not challenge the timeliness of the appeal and the prisoner’s assertion of timeliness is plausible, we may find the appeal timely without remand.” Cooper, 710 A.2d at 79 (citation omitted); see also Commonwealth v. Patterson, 931 A.2d 710, 714 (Pa. Super. 2007) (deeming appeal timely based on the date on the notice of appeal and date of receipt three days after the thirty-day period expired).

2019"Where, however, the opposing party does not challenge the timeliness of the appeal and the prisoner's assertion of timeliness is plausible, we may find the appeal timely without remand." Cooper, 710 A.2d at 79 (citation omitted); see also Commonwealth v. Patterson, 931 A.2d 710, 714 (Pa. Super. 2007) (deeming appeal timely based on the date on the notice of appeal and date of receipt three days after the thirty -day period expired).

33
Barrett, A. v. M&B Medical Billing, Inc.green
pasuperct · 2022 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Barrett, 291 A.3d at 377-78 (plaintiff entitled to new trial where non-lawyer representative of defendant corporation cross-examined plaintiff and raised issues at trial on behalf of corporation).

11
Lamp v. Heymangreen
pa · 1976 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See Lamp v. Heyman, 366 A.2d 882, 885 (Pa. 1976).

11
Commonwealth v. Chambersgreen
pasuperct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See Commonwealth v. Chambers, 35 A.3d 34, 38 (Pa. Super. 2011) (“[I]n the interest of fairness, the prisoner mailbox rule provides that a pro se prisoner’s document be deemed filed on the date he delivers it to prison authorities for mailing.”); see also Commonwealth v. Cooper, 710 A.2d 76, 79 (Pa. Super. 1998) (“Where … the opposing party does not challenge the timeliness of the appeal and the prisoner’s assertion of timeliness is plausible, we may find the appeal timely without remand.”) (citation omitted). -4- J-S46001-16 statement of errors complained of on appeal.2 The PCRA court filed a

11
Sevin v. Kelshawgreen
pasuperct · 1992 · cited in 1 Pennsylvania opinions naming this issue, 1999–1999
1 sentence

1999See Sevin, 611 A2d at 1235 (pleadings must not only apprise the opposing party of the claim being asserted, but must also summarize the essential facts to support the claim).

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
Commonwealth v. Jones green
pa · 1997
2 sentences

2020“Where, however, the opposing party does not challenge the timeliness of the appeal and the prisoner’s assertion of timeliness is plausible, [the Court] may find the appeal timely without remand.” Commonwealth v. Cooper, 710 A.2d 76, 79 (Pa. Super. 1998) (citing Jones, 700 A.2d at 426 n.3).7 Department Employees “concede that the appeal is likely timely 7 This Court applied this reasoning in Polite v. Philadelphia District Attorney’s Office (Pa. Cmwlth., No. 548 C.D. 2019, filed September 23, 2019) (unreported), where an inmate requested documents under the Right-to-Know Law, Act of February 1

2017“Where, however, the opposing party does not challenge the timeliness of the appeal and the prisoner’s assertion of timeliness is plausible, we may find the appeal timely without remand.” Cooper, 710 A.2d at 79 (citing Jones, 700 A.2d at 426 n.3).

41998–2020
Ruth Ann Bougher v. University of Pittsburgh, Wesley W. Posvar and Trevor Melia, in Their Official and Individual Capacities, Mary-Ann Bishop Coffey green
ca3 · 1989
2 sentences

2017Bougher v. Univ. of Pittsburgh, 882 F.2d 74 (3d Cir. 1989).

2017Bougher v. Univ. of Pittsburgh, 882 F.2d 74 (3d Cir. 1989).

22017–2017
Philadelphia Fraternal Order of Correctional Officers v. Rendell green
pacommwct · 1997
2 sentences

2017However, if the opposing party does not challenge “the procedural propriety of another party’s preliminary objections raising res judicata” by filing preliminary objections thereto, the “defect is deemed waived.” Id. 9 subject to the same two-year limitations period.

2017However, if the opposing party does not challenge “the procedural propriety of another party’s preliminary objections raising res judicata” by filing preliminary objections thereto, the “defect is deemed waived.” Id. 9 subject to the same two-year limitations period.

22017–2017
Commonwealth v. Hess green
pa · 2002
1 sentence

2022Hess, 810 A.2d at 1252 ; Berg, 6 A.3d at 1008 .

12022–2022
Berg v. Nationwide Mutual Insurance green
pa · 2010
1 sentence

2022Hess, 810 A.2d at 1252 ; Berg, 6 A.3d at 1008 .

12022–2022
Schnurman v. Hillegas neutral
pa · 1923
2 sentences

1933It must be borne in mind that a greater latitude is always allowed in the admission of evidence where a fraud is alleged: Schnurman v. Hillegas, 276 Pa. 556, 562 , 120 A. 549 ; Miller v. Central Trust & Sav.

1933It must be borne in mind that a greater latitude is always allowed in the admission of evidence where a fraud is alleged: Schnurman v. Hillegas, 276 Pa. 556, 562 , 120 A. 549 ; Miller v. Central Trust & Sav.

11933–1933

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9545 (4) PA § 42 Pa. Cons. Stat. § 5524 (3) USC § 42u.s.c.1983 (3)

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.

Where else courts name it

TX 32 (1973–2025) PA 29 (1933–2024) MN 11 (2010–2025) DE 11 (2014–2026) IL 8 (1990–2018) LA 6 (1983–2019) OH 5 (1987–2018) MD 5 (2006–2024) NJ 5 (2000–2025) UT 5 (1999–2024) IN 4 (1980–2015) FL 4 (2005–2015) GA 4 (1988–2024) WI 4 (1991–2007) NC 4 (1986–2026) CT 3 (1997–2011) VI 3 (2025–2026) KY 3 (2021–2024) CA 3 (2009–2023) RI 2 (1996–2011) WV 2 (2010–2021) MA 2 (1995–2006) ND 2 (1985–2009) KS 2 (2011–2012) OR 2 (2020–2024) AZ 2 (1937–1992)

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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