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21 Pennsylvania opinions name it 7 courts 1871–2025 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 |
|---|---|---|
Laudenberger v. Port Auth. of Alleghenygreen2 sentences1991In Laudenberger v. Port Authority of Allegheny County, 496 Pa. 52, 59 , 436 A.2d 147, 151 (1981), our Supreme Court stated that Rule 238 serves to compensate the plaintiff for the inability to utilize funds rightfully due him, but the basic aim of the rule is to alleviate delay in the disposition in the courts. 1991In Laudenberger v. Port Authority of Allegheny County, 496 Pa. 52, 59 , 436 A.2d 147, 151 (1981), our Supreme Court stated that Rule 238 serves to compensate the plaintiff for the inability to utilize funds rightfully due him, but the basic aim of the rule is to alleviate delay in the disposition in the courts. | 5 | 10 |
Estate of: Simpson, W.Appeal of: Colecchia, D.green2 sentences2025Simpson, 305 A.3d at 185-86 (citations and brackets omitted). 2025In re Estate of Simpson, 305 A.3d 176, 186 (Pa.Super. 2023) (internal citations and quotations omitted). | 2 | 2 |
Greenspan v. United Services Automobile Ass'ngreen2 sentences1986An award of delay damages “serves to compensate plaintiff for the inability to utilize funds rightfully due him, but the basic aim of the rule is to alleviate delay in the disposition of cases, thereby lessening congestions in the courts.” Greenspan v. United Service Automobile Association, 324 Pa. Super. 315, 323 , 471 A.2d 856, 860 (1984). 1986An award of delay damages “serves to compensate plaintiff for the inability to utilize funds rightfully due him, but the basic aim of the rule is to alleviate delay in the disposition of cases, thereby lessening congestions in the courts.” Greenspan v. United Service Automobile Association, 324 Pa. Super. 315, 323 , 471 A.2d 856, 860 (1984). | 2 | 2 |
Dooley v. Rubingreen2 sentences2023“Rather, the aim of the rule [permitting the recovery of counsel fees] is to sanction those who knowingly raise, in bad faith, frivolous claims which have no reasonable possibility of success, for the purpose of harassing, obstructing or delaying the opposing party.” Id. - 16 - J-A11026-23 Instantly, in support of its award of a surcharge, the orphans’ court opined that the Objection to Account was “improvidently filed.” OCO at 3. 2023“Rather, the aim of the rule [permitting the recovery of counsel fees] is to sanction those who knowingly raise, in bad faith, frivolous claims which have no reasonable possibility of success, for the purpose of harassing, obstructing or delaying the opposing party.” Id. - 16 - J-A11026-23 Instantly, in support of its award of a surcharge, the orphans’ court opined that the Objection to Account was “improvidently filed.” OCO at 3. | 1 | 2 |
Berry v. Andersongreen2 sentences2009Undeniably, this rule serves to compensate the plaintiff for inability to utilize funds rightfully due him, but the basic aim of the rule is to alleviate delay in the disposition of cases, thereby les-soning congestion in the courts. ¶ 13 This Court expanded this interpretation in Berry v. Anderson, 348 Pa.Super. 618 , 502 A.2d 717, 720 (1986), where we noted that defendants “are given an opportunity to protect themselves from exposure to prejudgment interest by making a reasonable offer of settlement in good faith and in a timely fashion.” ¶ 14 Pennsylvania courts have long recognized high/lo 2009Undeniably, this rule serves to compensate the plaintiff for inability to utilize funds rightfully due him, but the basic aim of the rule is to alleviate delay in the disposition of cases, thereby les-soning congestion in the courts. ¶ 13 This Court expanded this interpretation in Berry v. Anderson, 348 Pa.Super. 618 , 502 A.2d 717, 720 (1986), where we noted that defendants “are given an opportunity to protect themselves from exposure to prejudgment interest by making a reasonable offer of settlement in good faith and in a timely fashion.” ¶ 14 Pennsylvania courts have long recognized high/lo | 1 | 2 |
Lisenba v. Californiagreen2 sentences2011See Appellant's Brief at 19 (citing, inter alia, Lisenba v. California, 314 U.S. 219, 236 , 62 S.Ct. 280 , 86 L.Ed. 166 (1941) ("The aim of the requirement of due process is not to exclude presumptively false evidence, but to prevent fundamental unfairness in the use of evidence whether true or false."); Colorado v. Connelly, 479 U.S. 157, 167 , 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986) (holding that, even though a statement given by an individual in the grip of schizophrenic hallucinations may be proved to be unreliable, unless the statement was the product of police coercion, it cannot be deemed 2011See Appellant's Brief at 19 (citing, inter alia, Lisenba v. California, 314 U.S. 219, 236 , 62 S.Ct. 280 , 86 L.Ed. 166 (1941) ("The aim of the requirement of due process is not to exclude presumptively false evidence, but to prevent fundamental unfairness in the use of evidence whether true or false."); Colorado v. Connelly, 479 U.S. 157, 167 , 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986) (holding that, even though a statement given by an individual in the grip of schizophrenic hallucinations may be proved to be unreliable, unless the statement was the product of police coercion, it cannot be deemed | 1 | 1 |
Craig v. Magee Memorial Rehabilitation Centergreen2 sentences1993Laudenberger v. Port Authority of Allegheny County, 496 Pa. 52, 59 , 436 A.2d 147, 151 (1981), appeal dismissed sub. nom., Bucheit v. Laudenberger, 456 U.S. 940 , 102 S.Ct. 2002 , 72 L.Ed.2d 462 (1982); Berry v. Anderson, 348 Pa.Super. 618 , 502 A.2d 717 (1986); see, Craig, supra, 512 Pa. at 65, 515 A.2d at 1353 (“We do not overrule the rationales of Laudenberger, for they have vitality of their own in the context of the ends sought.”). 1993Laudenberger v. Port Authority of Allegheny County, 496 Pa. 52, 59 , 436 A.2d 147, 151 (1981), appeal dismissed sub. nom., Bucheit v. Laudenberger, 456 U.S. 940 , 102 S.Ct. 2002 , 72 L.Ed.2d 462 (1982); Berry v. Anderson, 348 Pa.Super. 618 , 502 A.2d 717 (1986); see, Craig, supra, 512 Pa. at 65, 515 A.2d at 1353 (“We do not overrule the rationales of Laudenberger, for they have vitality of their own in the context of the ends sought.”). | 1 | 1 |
American Enka Company, in No. 82-1080 v. Wicaco MacHine Corp. American Enka Company v. Wicaco MacHine Corp., in No. 82-1109green1 sentence1984See also, American Enka Co. v. Wicaco Machine Corp., 686 F.2d 1050 (1982) (applying Pennsylvania law, damages awarded under Rule 238). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Independent Federation of Flight Attendants v. Trans World Airlines, Inc.
green
2 sentences1986Undeniably, this rule serves to compensate the plaintiff for the inability to utilize funds rightfully due him, but the basic aim of the rule is to alleviate delay in the disposition of cases, thereby lessening congestion in the courts. *624 Laudenberger v. Port Authority of Allegheny County, 496 Pa. 52, 59 , 436 A.2d 147, 154 (1981), appeal dismissed sub nom., Bucheit v. Laudenberger, 456 U.S. 940 , 102 S.Ct. 2002 , 72 L.Ed.2d 462 (1982). 1984The purpose behind this rule was explained by the Supreme Court as follows, “[T]his rule serves to compensate the plaintiff for the inability to utilize funds rightfully due him, but the basic aim of the rule is to alleviate delay in the disposition of cases, thereby lessening congestion in the courts.” Laudenberger v. Port Authority of Allegheny County, 496 Pa. 52, 59 , 436 A.2d 147, 151 (1981), appeal dismissed, 456 U.S. 940 , 102 S.Ct. 2002 , 72 L.Ed.2d 462 (1982). | 4 | 1984–1993 |
Helton v. City of Burkburnett
green
2 sentences1986Undeniably, this rule serves to compensate the plaintiff for the inability to utilize funds rightfully due him, but the basic aim of the rule is to alleviate delay in the disposition of cases, thereby lessening congestion in the courts. *624 Laudenberger v. Port Authority of Allegheny County, 496 Pa. 52, 59 , 436 A.2d 147, 154 (1981), appeal dismissed sub nom., Bucheit v. Laudenberger, 456 U.S. 940 , 102 S.Ct. 2002 , 72 L.Ed.2d 462 (1982). 1984The purpose behind this rule was explained by the Supreme Court as follows, “[T]his rule serves to compensate the plaintiff for the inability to utilize funds rightfully due him, but the basic aim of the rule is to alleviate delay in the disposition of cases, thereby lessening congestion in the courts.” Laudenberger v. Port Authority of Allegheny County, 496 Pa. 52, 59 , 436 A.2d 147, 151 (1981), appeal dismissed, 456 U.S. 940 , 102 S.Ct. 2002 , 72 L.Ed.2d 462 (1982). | 3 | 1984–1993 |
Sheldon v. Sheldon
green
2 sentences1986Undeniably, this rule serves to compensate the plaintiff for the inability to utilize funds rightfully due him, but the basic aim of the rule is to alleviate delay in the disposition of cases, thereby lessening congestion in the courts. *624 Laudenberger v. Port Authority of Allegheny County, 496 Pa. 52, 59 , 436 A.2d 147, 154 (1981), appeal dismissed sub nom., Bucheit v. Laudenberger, 456 U.S. 940 , 102 S.Ct. 2002 , 72 L.Ed.2d 462 (1982). 1984The purpose behind this rule was explained by the Supreme Court as follows, “[T]his rule serves to compensate the plaintiff for the inability to utilize funds rightfully due him, but the basic aim of the rule is to alleviate delay in the disposition of cases, thereby lessening congestion in the courts.” Laudenberger v. Port Authority of Allegheny County, 496 Pa. 52, 59 , 436 A.2d 147, 151 (1981), appeal dismissed, 456 U.S. 940 , 102 S.Ct. 2002 , 72 L.Ed.2d 462 (1982). | 3 | 1984–1993 |
Colorado v. Connelly
green
2 sentences2011See Appellant's Brief at 19 (citing, inter alia, Lisenba v. California, 314 U.S. 219, 236 , 62 S.Ct. 280 , 86 L.Ed. 166 (1941) ("The aim of the requirement of due process is not to exclude presumptively false evidence, but to prevent fundamental unfairness in the use of evidence whether true or false."); Colorado v. Connelly, 479 U.S. 157, 167 , 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986) (holding that, even though a statement given by an individual in the grip of schizophrenic hallucinations may be proved to be unreliable, unless the statement was the product of police coercion, it cannot be deemed 2011See Appellant's Brief at 19 (citing, inter alia, Lisenba v. California, 314 U.S. 219, 236 , 62 S.Ct. 280 , 86 L.Ed. 166 (1941) ("The aim of the requirement of due process is not to exclude presumptively false evidence, but to prevent fundamental unfairness in the use of evidence whether true or false."); Colorado v. Connelly, 479 U.S. 157, 167 , 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986) (holding that, even though a statement given by an individual in the grip of schizophrenic hallucinations may be proved to be unreliable, unless the statement was the product of police coercion, it cannot be deemed | 1 | 2011–2011 |
Miller v. Ginsberg
green
1 sentence2009Miller v. Ginsberg, 874 A.2d 93 (Pa.Super.2005). | 1 | 2009–2009 |
In Re Estate of Liscio
green
1 sentence1996The Pennsylvania Superior Court in Liscio stated, as follows: “It has repeatedly been held that, the intent of the rule permitting the recovery of counsel fees is not to punish all of those who initiate actions which ultimately fail, as such a course of action would have a chilling effect upon the right to raise a claim, (cite omitted) Rather, the aim of the rule is to sanction those who knowingly raise, in bad faith, frivolous claims which have no reasonable possibility of success, for the purpose of harassing, obstructing or delaying the opposing party.” Id. at 446, 638 A.2d at 1022 . | 1 | 1996–1996 |
Santilo v. Robinson
green
2 sentences1994"Rather, the aim of the rule is to sanction those who knowingly raise, in bad faith, frivolous claims which have no reasonable possibility of success, for the purpose of harassing, obstructing or delaying the opposing party." Id. 1994“Rather, the aim of the rule is to sanction those who knowingly raise, in bad faith, frivolous claims which have no reasonable possibility of success, for the purpose of harassing, obstructing or delaying the opposing party.” Id. | 1 | 1994–1994 |
Jistarri v. Fentress
green
2 sentences1990“The basic aim of rule 238 is to alleviate delay in the disposition of cases and thereby lessen congestion in the courts.” Jistarri v. Fentress, 390 Pa. Super. 209 , 568 A.2d 618 (1989); Sherril v. Port Authority of Allegheny County, 383 Pa. Super. 104 , 556 A.2d 450 (1989). 1990“The basic aim of rule 238 is to alleviate delay in the disposition of cases and thereby lessen congestion in the courts.” Jistarri v. Fentress, 390 Pa. Super. 209 , 568 A.2d 618 (1989); Sherril v. Port Authority of Allegheny County, 383 Pa. Super. 104 , 556 A.2d 450 (1989). | 1 | 1990–1990 |
Sherrill v. PORT AUTH. ALLEGHENY CTY.
green
2 sentences1990“The basic aim of rule 238 is to alleviate delay in the disposition of cases and thereby lessen congestion in the courts.” Jistarri v. Fentress, 390 Pa. Super. 209 , 568 A.2d 618 (1989); Sherril v. Port Authority of Allegheny County, 383 Pa. Super. 104 , 556 A.2d 450 (1989). 1990“The basic aim of rule 238 is to alleviate delay in the disposition of cases and thereby lessen congestion in the courts.” Jistarri v. Fentress, 390 Pa. Super. 209 , 568 A.2d 618 (1989); Sherril v. Port Authority of Allegheny County, 383 Pa. Super. 104 , 556 A.2d 450 (1989). | 1 | 1990–1990 |
Colodonato v. Consolidated Rail Corp.
green
1 sentence1984Appeal dismissed, 456 U.S. 940 , 102 Supreme Court 2002 (1982); Colodonato v. Consolidated Rail Corporation, 504 Pa. 71 , 470 A.2d 475 (1983). | 1 | 1984–1984 |
Chirico v. BD. OF SUP'RS FOR NEWTON TP.
green
1 sentence1984Appeal dismissed, 456 U.S. 940 , 102 Supreme Court 2002 (1982); Colodonato v. Consolidated Rail Corporation, 504 Pa. 71 , 470 A.2d 475 (1983). | 1 | 1984–1984 |
Quwack v. Cruse
neutral
1 sentence1871Baugh v. Price, 1 Wilson 320 , was a case of the same kind, and it is there expressly put on the ground that the contract was void as against public policy. | 1 | 1871–1871 |
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.