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21 Pennsylvania opinions name it 4 courts 1933–2026 7 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 |
|---|---|---|
Commonwealth v. Slaybaughgreen2 sentences2018Failure to meet this burden of production will normally result in [a decision] ... in favor of the party invoking the presumption.” Commonwealth v. Slaybaugh, 468 Pa. 618 , 364 A.2d 687, 689 (1976). 2018Failure to meet this burden of production will normally result in [a decision] ... in favor of the party invoking the presumption.” Commonwealth v. Slaybaugh, 468 Pa. 618 , 364 A.2d 687, 689 (1976). | 4 | 4 |
Fisher, H. v. Erie Insurance Exchangegreen2 sentences2025Exch., 258 A.3d 451, 461 (Pa. Super. 2021) (holding that the party invoking a privilege must initially set forth facts showing that the privilege has been properly invoked). 2025Exch., 258 A.3d 451, 461 (Pa. Super. 2021) (holding that the party invoking a privilege must initially set forth facts showing that the privilege has been properly invoked). | 3 | 4 |
Custom Designs & Manufacturing Co. v. Sherwin-Williams Co.green2 sentences2015The burden initially lies with the party invoking privilege to “set forth facts showing that the privilege has been properly invoked.” Id. 2015However, if the party invoking privilege “does not produce sufficient facts to show that the - 13 - J-A11040-15 privilege was properly invoked, then the burden never shifts, and the communication is not protected.” Id. | 1 | 2 |
Ford-Bey, W. v. Professional Anesthesia Servicesgreen1 sentence2025See id. | 1 | 1 |
Red Vision Systems, Inc. v. National Real Estate Information Services, L.P.green1 sentence2019Servs., L.P., 108 A.3d 54, 62 (Pa. Super. 2015) (citation omitted). | 1 | 1 |
Yocabet v. UPMC Presbyteriangreen1 sentence2018See Yocabet v. UPMC Presbyterian , 119 A.3d 1012 , 1019 (Pa. Super. 2015). | 1 | 1 |
George Dedmon v. Falls Products Incorporatedgreen1 sentence1982See also Dedmon v. Falls Products, Inc., 299 F. 2d 173 (5th Cir. 1962) (“The true test of the running of the statute of limitations is the liability of the party invoking its bar to the service of process during the whole of the period prescribed”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cw v. Lv
green
2 sentences2018In short, “[t]he party attempting to rebut the presumption has the burden of proof.” CW v. LV, 788 A.2d 1002 (Pa. Super. 2001). 2014In short, “the party attempting to rebut the presumption has the burden of proof.” CW v. LV, 2001 PA Super 332 , 788 A.2d 1002 (Pa. Super. 2001). | 3 | 2005–2018 |
Carbis Walker, LLP v. Hill, Barth and King, LLC
green
2 sentences2020If the trial court finds that the party invoking privilege has proffered proof to satisfy the test, “the burden shifts to the party seeking disclosure to set forth facts showing that disclosure should be compelled either because the privilege has been waived or because an exception to the privilege applies.” Id. 2020If the trial court finds that the party invoking privilege has proffered proof to satisfy the test, “the burden shifts to the party seeking disclosure to set forth facts showing that disclosure should be compelled either because the privilege has been waived or because an exception to the privilege applies.” Id. | 2 | 2020–2020 |
Newsuan v. Republic Servs. Inc.
green
1 sentence2026Id. (citation and quotation marks omitted). | 1 | 2026–2026 |
Knopick, N. v. Boyle, D. and Boyle Litigation
green
1 sentence2022That party may overcome the claim of privilege by “setting forth facts showing that disclosure will not violate the attorney-client privilege, e.g., because the privilege has been waived or because some exception applies.” Knopick, 189 A.3d at 439 . | 1 | 2022–2022 |
T.M. v. Elwyn, Inc.
green
1 sentence2016In reviewing such a discovery request, the party invoking the privilege must “initially set forth facts showing that the privilege has been properly invoked; then the burden shifts to the party seeking disclosure to set forth facts showing that disclosure will not violate the [] privilege, e.g., because the privilege has been waived or because some exception applies.” T.M., 950 A.2d at 1063 . | 1 | 2016–2016 |
Sinha v. Sinha
green
1 sentence2005In short, “[t]he party attempting to rebut the presumption has the burden of proof.” CW v. LV, 788 A.2d 1002 (Pa.Super.2001). ¶ 19 Here, Husband, as the party with the burden of proof because he opposes the presumed fact, needed to prove that either he or Wife had the “independent intent ... to dissolve the marital union” and that the intent was “clearly manifested and communicated to the other spouse.” Sinha, 526 A.2d at 767 . | 1 | 2005–2005 |
Cochran v. GAF Corp.
green
2 sentences1998The party invoking this exception must thus demonstrate “reasonable diligence” which “is an objective, rather than a subjective standard.” Id. at 217 , 666 A.2d at 249 . 1998The party invoking this exception must thus demonstrate “reasonable diligence” which “is an objective, rather than a subjective standard.” Id. at 217 , 666 A.2d at 249 . | 1 | 1998–1998 |
Mangene v. Diamond
neutral
1 sentence1982Federal Courts sitting in Pennsylvania and applying the Pennsylvania Borrowing Statute have also found that sister states’ suspension provisions are inapplicable where a non-resident individual is amenable to service of process under a statutory provision authorizing substituted service: Mangene v. Diamond, 132 F. Supp. 27 (E.D. | 1 | 1982–1982 |
O'Herron v. Gray
green
1 sentence1933A. 498, 47 N. E. 429 ; and the party invoking the principle must be free from *399 negligence: Morgan v. U. S. Mtg. & Tr. | 1 | 1933–1933 |
Morgan v. United States Mortgage & Trust Co.
green
2 sentences1933Co., 208 N. Y. 218 , 101 N. E. 871 . 1933Co., 208 N. Y. 218 , 101 N. E. 871 . | 1 | 1933–1933 |
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.