26 Pennsylvania opinions name it 5 courts 1966–2025 4 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 |
|---|---|---|
Capek v. Devitogreen2 sentences2016Id. at 1050 (emphasis added). 2016Id. at 1050 (emphasis added). | 2 | 2 |
PCL Construction Services, Inc. v. United Statesgreen2 sentences2009Servs., Inc. v. United States, 53 Fed.Cl. 479, 484 (2002), aff'd, 96 Fed.Appx. 672 (Fed.Cir.2004). 2006Servs., Inc. v. United States, 53 Fed. | 2 | 2 |
Commonwealth v. Interstate Contractors Supply Co.green2 sentences2006“In determining whether a liquidated damages clause is an unenforceable penalty, one must examine the entire contract in light of its text, what it is about, the parties’ intentions, and the facility of measuring damages or lack thereof, so as to arrive at an equitable conclusion.” Dep’t of Transp. v. Interstate Contractors Supply Co., 130 Pa.Cmwlth. 334 , 568 A.2d 294, 295 (1990); see also RCN Telecom Servs. of Phila., Inc. v. Newtown Twp., 848 A.2d 1108, 1116 (Pa.Cmwlth.2004). 2006“In determining whether a liquidated damages clause is an unenforceable penalty, one must examine the entire contract in light of its text, what it is about, the parties’ intentions, and the facility of measuring damages or lack thereof, so as to arrive at an equitable conclusion.” Dep’t of Transp. v. Interstate Contractors Supply Co., 130 Pa.Cmwlth. 334 , 568 A.2d 294, 295 (1990); see also RCN Telecom Servs. of Phila., Inc. v. Newtown Twp., 848 A.2d 1108, 1116 (Pa.Cmwlth.2004). | 2 | 2 |
Summit Towne Centre, Inc. v. Shoe Show of Rocky Mount, Inc.green2 sentences2025Id. at 998 . 2019Compare Trial Court Opinion, 1/24/19, at 8 with Summit Town Centre, 828 A.2d at 1003 (“[I]t was reasonable for the court to conclude that any harm actually sustained . . . could be remedied by monetary damages either by way of the liquidated damages clause in the . . . agreement, . . . or through a suit for damages sounding in breach of contract.”). | 1 | 4 |
Roth v. Hartlgreen2 sentences2015Accord Roth v. Hartl, 75 A.2d 583, 586 (Pa. 1950) (Presence of a liquidated damages clause in an agreement for the sale of real estate “will not restrict the remedy thereto or bar specific performance unless the language of the part of the agreement in question, or of the entire agreement, together with other relevant evidence, if any, shows a contrary intent.”);5 Boulder Medical Center v. Moore, 651 P.2d 464 (Colo.App. ____________________________________________ 5 Other jurisdictions have likewise ruled that the inclusion of a liquidated damages clause in a contract does not automatically pr 2001Appellant cites Roth v. Hartl, 365 Pa. 428 , 75 A.2d 583 (1950) and Slater v. Pearle Vision Center, Inc., 376 Pa.Super. 580 , 546 A.2d 676 (1988) as persuasive support for the proposition that a liquidated damages provision does not preclude an equitable remedy. | 1 | 2 |
Laughlin v. Baltalden, Inc.green2 sentences2004Traditionally, a forfeiture that reflects nine percent, see Laughlin v. Baltalden, Inc., 191 Pa.Super. 611 , 159 A.2d 26 (1960), or ten percent, see Kraft v. Michael, 166 Pa.Super. 57 , 70 A.2d 424 (1950), of the purchase price is not tantamount to a penalty. 2004Traditionally, a forfeiture that reflects nine percent, see Laughlin v. Baltalden, Inc., 191 Pa.Super. 611 , 159 A.2d 26 (1960), or ten percent, see Kraft v. Michael, 166 Pa.Super. 57 , 70 A.2d 424 (1950), of the purchase price is not tantamount to a penalty. | 1 | 2 |
Palmieri v. Partridgegreen1 sentence2017See also Palmieri v. Partridge, 853 A.2d 1076, 1080 (Pa. Super. 2004) (“A liquidated damages clause that is tantamount to a penalty is unenforceable. | 1 | 1 |
Beery v. Plastridge Agency, Inc.green1 sentence2015Vacold LLC v. Cerami, 545 F.3d 114, 130-31 (2ndCir. 2008) (emphasis in original) (“Although a liquidated damages provision precludes a party from recovering lost profits and other measures of damages . . . it does not prevent a party from seeking specific performance, absent an express provision to this effect.); Beery v. Plastridge Agency, Inc., 142 So.2d 332, 334-35 (Fla.App. 1962) (“A provision for liquidated damages in a contract does not necessarily bar injunctive relief against its breach. | 1 | 1 |
A. G. Cullen Construction, Inc. v. State System of Higher Educationgreen2 sentences2015Cullen Construction, Inc. v. State System of Higher Education, 898 A.2d 1145, 1162 (Pa. Cmwlth. 2006). 2015Id. | 1 | 1 |
VACOLD LLC v. Ceramigreen1 sentence2015Vacold LLC v. Cerami, 545 F.3d 114, 130-31 (2ndCir. 2008) (emphasis in original) (“Although a liquidated damages provision precludes a party from recovering lost profits and other measures of damages . . . it does not prevent a party from seeking specific performance, absent an express provision to this effect.); Beery v. Plastridge Agency, Inc., 142 So.2d 332, 334-35 (Fla.App. 1962) (“A provision for liquidated damages in a contract does not necessarily bar injunctive relief against its breach. | 1 | 1 |
Universal Investment Co. v. Sahara Motor Inn, Inc.green2 sentences2012See, e.g., Universal Investment Co. v. Sahara Motor Inn, Inc., 127 Ariz. 213 , 619 P.2d 485 (App. Div. 2 1980) (doctrine of avoidable consequences [9] is not applicable when there is an absolute promise to pay); Lake Ridge Academy v. Carney, 66 Ohio St.3d 376 , 613 N.E.2d 183, 190 (1993) (where a liquidated damages clause is deemed valid, nonbreaching party does not have a duty to mitigate damages following a breach). 2012See, e.g., Universal Investment Co. v. Sahara Motor Inn, Inc., 127 Ariz. 213 , 619 P.2d 485 (App. Div. 2 1980) (doctrine of avoidable consequences [9] is not applicable when there is an absolute promise to pay); Lake Ridge Academy v. Carney, 66 Ohio St.3d 376 , 613 N.E.2d 183, 190 (1993) (where a liquidated damages clause is deemed valid, nonbreaching party does not have a duty to mitigate damages following a breach). | 1 | 1 |
Lake Ridge Academy v. Carneygreen2 sentences2012See, e.g., Universal Investment Co. v. Sahara Motor Inn, Inc., 127 Ariz. 213 , 619 P.2d 485 (App. Div. 2 1980) (doctrine of avoidable consequences [9] is not applicable when there is an absolute promise to pay); Lake Ridge Academy v. Carney, 66 Ohio St.3d 376 , 613 N.E.2d 183, 190 (1993) (where a liquidated damages clause is deemed valid, nonbreaching party does not have a duty to mitigate damages following a breach). 2012See, e.g., Universal Investment Co. v. Sahara Motor Inn, Inc., 127 Ariz. 213 , 619 P.2d 485 (App. Div. 2 1980) (doctrine of avoidable consequences [9] is not applicable when there is an absolute promise to pay); Lake Ridge Academy v. Carney, 66 Ohio St.3d 376 , 613 N.E.2d 183, 190 (1993) (where a liquidated damages clause is deemed valid, nonbreaching party does not have a duty to mitigate damages following a breach). | 1 | 1 |
RCN Telecom Services of Philadelphia, Inc. v. Newtown Townshipgreen2 sentences2006“In determining whether a liquidated damages clause is an unenforceable penalty, one must examine the entire contract in light of its text, what it is about, the parties’ intentions, and the facility of measuring damages or lack thereof, so as to arrive at an equitable conclusion.” Dep’t of Transp. v. Interstate Contractors Supply Co., 130 Pa.Cmwlth. 334 , 568 A.2d 294, 295 (1990); see also RCN Telecom Servs. of Phila., Inc. v. Newtown Twp., 848 A.2d 1108, 1116 (Pa.Cmwlth.2004). 2006"In determining whether a liquidated damages clause is an unenforceable penalty, one must examine the entire contract in light of its text, what it is about, the parties' intentions, and the facility of measuring damages or lack thereof, *1164 so as to arrive at an equitable conclusion." Dep't of Transp. v. Interstate Contractors Supply Co., 130 Pa.Cmwlth. 334 , 568 A.2d 294, 295 (1990); see also RCN Telecom Servs. of Phila., Inc. v. Newtown Twp., 848 A.2d 1108, 1116 (Pa.Cmwlth.2004). | 1 | 1 |
Hutchison v. Sunbeam Coal Corp.green2 sentences2004See Hutchison v. Sunbeam Coal Corp., 513 Pa. 192 , 519 A.2d 385 (1986) (law must not imply contract different from that which parties expressly adopted, especially where an imputed covenant would tend to a matter specifically addressed in contract). ¶ 14 Next, we must determine whether the liquidated damages clause contained' in the sales agreement is enforceable. 2004See Hutchison v. Sunbeam Coal Corp., 513 Pa. 192 , 519 A.2d 385 (1986) (law must not imply contract different from that which parties expressly adopted, especially where an imputed covenant would tend to a matter specifically addressed in contract). ¶ 14 Next, we must determine whether the liquidated damages clause contained' in the sales agreement is enforceable. | 1 | 1 |
Sanders v. Brockgreen2 sentences2004Id. (quoting Sanders v. Brock, 230 Pa. 609, 614 , 79 A. 772, 773 (1911)). ¶ 15 Unlike Olmo , where the liquidated damages clause called for damages of sixty percent of the purchase price, the amount Appellants forfeited in the case sub judice, including the overpayment, 4 constitutes only 11.1 percent of the $2,250,000 purchase price. 2004Id. (quoting Sanders v. Brock, 230 Pa. 609, 614 , 79 A. 772, 773 (1911)). ¶ 15 Unlike Olmo , where the liquidated damages clause called for damages of sixty percent of the purchase price, the amount Appellants forfeited in the case sub judice, including the overpayment, 4 constitutes only 11.1 percent of the $2,250,000 purchase price. | 1 | 1 |
Olmo v. Matosgreen2 sentences2004See Olmo v. Matos, 439 Pa.Super. 1 , 653 A.2d 1 (1994). 2004Id. (quoting Sanders v. Brock, 230 Pa. 609, 614 , 79 A. 772, 773 (1911)). ¶ 15 Unlike Olmo , where the liquidated damages clause called for damages of sixty percent of the purchase price, the amount Appellants forfeited in the case sub judice, including the overpayment, 4 constitutes only 11.1 percent of the $2,250,000 purchase price. | 1 | 1 |
Christian v. Johnstown Police Pension Fund Ass'ngreen2 sentences1996Holt’s Cigar Co. v. 222 Liberty Associates, 404 Pa.Super. 578 , 591 A.2d 743 (1991) (where the only allegation in the complaint was a request for monetary damages pursuant to a liquidated damages clause, equity court did not have jurisdiction to award damages clause, equity court did not have jurisdiction to award damages based on lost profits, which was not pled in complaint); see also Christian v. Johnstown Police Pension Fund Ass’n, 421 Pa. 240 , 218 A.2d 746 (1966). 1996Holt’s Cigar Co. v. 222 Liberty Associates, 404 Pa.Super. 578 , 591 A.2d 743 (1991) (where the only allegation in the complaint was a request for monetary damages pursuant to a liquidated damages clause, equity court did not have jurisdiction to award damages clause, equity court did not have jurisdiction to award damages based on lost profits, which was not pled in complaint); see also Christian v. Johnstown Police Pension Fund Ass’n, 421 Pa. 240 , 218 A.2d 746 (1966). | 1 | 1 |
Hance Hardware Co. v. Howardgreen1 sentence1994See, e.g., Laughlin v. Baltalden, Inc., 191 Pa.Super. 611 , 159 *8 A.2d 26 (1960); Kraft v. Michael, 166 Pa.Super. 57 , 70 A.2d 424 (1950). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
York Group, Inc. v. Yorktowne Caskets, Inc.
green
2 sentences2025The court rejected this contention because “the parties agreed in their contract that equitable relief was available despite the existence of the liquidated damages clause and that [a] violation of the exclusivity provision, which had been breached in this case, would constitute irreparable harm.” Id. at 1244 . 2025The court rejected this contention because “the parties agreed in their contract that equitable relief was available despite the existence of the liquidated damages clause and that [a] violation of the exclusivity provision, which had been breached in this case, would constitute irreparable harm.” Id. at 1244 . | 2 | 2025–2025 |
Kraft v. Michael Et Ux.
green
2 sentences2004Traditionally, a forfeiture that reflects nine percent, see Laughlin v. Baltalden, Inc., 191 Pa.Super. 611 , 159 A.2d 26 (1960), or ten percent, see Kraft v. Michael, 166 Pa.Super. 57 , 70 A.2d 424 (1950), of the purchase price is not tantamount to a penalty. 2004Traditionally, a forfeiture that reflects nine percent, see Laughlin v. Baltalden, Inc., 191 Pa.Super. 611 , 159 A.2d 26 (1960), or ten percent, see Kraft v. Michael, 166 Pa.Super. 57 , 70 A.2d 424 (1950), of the purchase price is not tantamount to a penalty. | 2 | 1994–2004 |
Geisinger Clinic v. Di Cuccio
green
1 sentence2018In Geisinger Clinic v. Di Cuccio, 606 A.2d 509 (Pa. Super. 1992), this Court affirmed the trial court’s decision to uphold a liquidated damages clause in the face of Mr. Di Cuccio’s challenge that it constituted an invalid, unenforceable penalty clause. | 1 | 2018–2018 |
Boulder Medical Center v. Moore
green
1 sentence2015Accord Roth v. Hartl, 75 A.2d 583, 586 (Pa. 1950) (Presence of a liquidated damages clause in an agreement for the sale of real estate “will not restrict the remedy thereto or bar specific performance unless the language of the part of the agreement in question, or of the entire agreement, together with other relevant evidence, if any, shows a contrary intent.”);5 Boulder Medical Center v. Moore, 651 P.2d 464 (Colo.App. ____________________________________________ 5 Other jurisdictions have likewise ruled that the inclusion of a liquidated damages clause in a contract does not automatically pr | 1 | 2015–2015 |
Bradley v. Health Coalition, Inc.
green
2 sentences2015Bradley v. Health Coalition, Inc., 687 So.2d 329 (Fla.App. 3 Dist. 1997) (rejecting former employee’s position that a noncompetition agreement could not be enforced through injunctive relief since the accord contained a liquidated damages clause thereby providing adequate legal remedy for breach of covenant). 2015Bradley v. Health Coalition, Inc., 687 So.2d 329 (Fla.App. 3 Dist. 1997) (rejecting former employee’s position that a noncompetition agreement could not be enforced through injunctive relief since the accord contained a liquidated damages clause thereby providing adequate legal remedy for breach of covenant). | 1 | 2015–2015 |
Alderwoods (Pennsylvania), Inc. v. Duquesne Light Co.
green
1 sentence2015Alderwoods (Pennsylvania), Inc., v. Duquesne Light Co., 106 A.3d 27 , 41 n.15 (Pa. 2014). 9 Even if one does not specifically label it as a liquidated damages clause, the fact remains that Geisinger agreed to a specific sum it would accept to waive the restrictive covenant. - 11 - J-A31012-14 The majority also notes that a liquidated damages clause does not bar specific performance of a contract unless the language of the agreement expresses that clear intent. | 1 | 2015–2015 |
PCL Construction Services, Inc. v. United States
green
1 sentence2009Servs., Inc. v. United States, 53 Fed.Cl. 479, 484 (2002), aff'd, 96 Fed.Appx. 672 (Fed.Cir.2004). | 1 | 2009–2009 |
Slater v. Pearle Vision Center, Inc.
green
2 sentences2001Appellant cites Roth v. Hartl, 365 Pa. 428 , 75 A.2d 583 (1950) and Slater v. Pearle Vision Center, Inc., 376 Pa.Super. 580 , 546 A.2d 676 (1988) as persuasive support for the proposition that a liquidated damages provision does not preclude an equitable remedy. 2001Appellant cites Roth v. Hartl, 365 Pa. 428 , 75 A.2d 583 (1950) and Slater v. Pearle Vision Center, Inc., 376 Pa.Super. 580 , 546 A.2d 676 (1988) as persuasive support for the proposition that a liquidated damages provision does not preclude an equitable remedy. | 1 | 2001–2001 |
Holmes Electric Protective Co. v. Goldstein
green
1 sentence2001Holmes Electric Protective Co. v. Goldstein, 147 Pa. Super. 506 , 24 A.2d 161 (1942). | 1 | 2001–2001 |
Holt's Cigar Co. v. 222 Liberty Associates
green
2 sentences1996Holt’s Cigar Co. v. 222 Liberty Associates, 404 Pa.Super. 578 , 591 A.2d 743 (1991) (where the only allegation in the complaint was a request for monetary damages pursuant to a liquidated damages clause, equity court did not have jurisdiction to award damages clause, equity court did not have jurisdiction to award damages based on lost profits, which was not pled in complaint); see also Christian v. Johnstown Police Pension Fund Ass’n, 421 Pa. 240 , 218 A.2d 746 (1966). 1996Holt’s Cigar Co. v. 222 Liberty Associates, 404 Pa.Super. 578 , 591 A.2d 743 (1991) (where the only allegation in the complaint was a request for monetary damages pursuant to a liquidated damages clause, equity court did not have jurisdiction to award damages clause, equity court did not have jurisdiction to award damages based on lost profits, which was not pled in complaint); see also Christian v. Johnstown Police Pension Fund Ass’n, 421 Pa. 240 , 218 A.2d 746 (1966). | 1 | 1996–1996 |
Puleo v. Thomas
green
2 sentences1996Appellee relies upon language in Puleo v. Thomas, 425 Pa.Super. 285 , 624 A.2d 1075 (1993), whereby we noted that a court in equity has jurisdiction to award damages in addition to providing for equitable relief. 1996Appellee relies upon language in Puleo v. Thomas, 425 Pa.Super. 285 , 624 A.2d 1075 (1993), whereby we noted that a court in equity has jurisdiction to award damages in addition to providing for equitable relief. | 1 | 1996–1996 |
Stover v. Spielman
green
1 sentence1992The principles outlining the differences between liquidated damages and penalties in Spielman v. Stover, supra, have been applied more recently to illustrate the problem regarding the unascertainability and difficulty of predicting actual damages in contract actions. | 1 | 1992–1992 |
| Darlington v. Allegheny City green | 1 | 1992–1992 |
| Kunkel v. Wherry green | 1 | 1992–1992 |
| Westec Security Services, Inc. v. Westinghouse Electric Corp. green | 1 | 1992–1992 |
| Commonwealth v. Hartford Accident & Indemnity Co. green | 1 | 1990–1990 |
| Stamatiades v. Merit Music Service, Inc. green | 1 | 1966–1966 |
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.