two step analysis (Pennsylvania) · Go Syfert
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two step analysis in Pennsylvania

21 Pennsylvania opinions name it 4 courts 1976–2025 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.

Followed or applied (8)

CaseFollowedCited
Commonwealth, Department of Public Welfare v. Forbes Health Systemgreen
pa · 1980 · cited in 7 Pennsylvania opinions naming this issue, 1983–2006
2 sentences

1987As to the substantive issues in the case, we are governed by the standard of review to be applied by courts reviewing the validity of an agency’s interpretation of its own regulations in Commonwealth v. Forbes Health System, 492 Pa. 77 , 422 A.2d 480 (1980): In reviewing an administrative agency’s interpretation of its own regulations, courts are governed by a two step analysis.

1987As to the substantive issues in the case, we are governed by the standard of review to be applied by courts reviewing the validity of an agency’s interpretation of its own regulations in Commonwealth v. Forbes Health System, 492 Pa. 77 , 422 A.2d 480 (1980): In reviewing an administrative agency’s interpretation of its own regulations, courts are governed by a two step analysis.

47
United States v. Larionoffgreen
scotus · 1977 · cited in 5 Pennsylvania opinions naming this issue, 1980–1987
2 sentences

1987First, “[i]n construing administrative regulations, ‘the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.’ ” United States v. Larionoff, 431 U.S. 864, 872 , 97 S.Ct. 2150, 2155 , 53 L.Ed.2d 48 (1977) quoting Bowles v. Seminole Rock Co., 325 U.S. 410 , 414, 65 S.Ct. 1215, 1217 , 89 L.Ed. 1700 (1945).

1987First, “[i]n construing administrative regulations, ‘the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.’ ” United States v. Larionoff, 431 U.S. 864, 872 , 97 S.Ct. 2150, 2155 , 53 L.Ed.2d 48 (1977) quoting Bowles v. Seminole Rock Co., 325 U.S. 410 , 414, 65 S.Ct. 1215, 1217 , 89 L.Ed. 1700 (1945).

25
Commonwealth v. Hubbardred
pa · 1977 · cited in 2 Pennsylvania opinions naming this issue, 2024–2025
2 sentences

2025See Commonwealth v. Hubbard, 372 A.2d 687, 697 (Pa. 1977).

2024See Commonwealth v. Hubbard, 372 A.2d 687, 697 (Pa. 1977).

22
Commonwealth v. Pittmangreen
pasuperct · 1982 · cited in 1 Pennsylvania opinions naming this issue, 1984–1984
2 sentences

1984In reviewing a claim of ineffectiveness a two step analysis must be employed: It is well settled that “[wjhen confronted with a claim of ineffectiveness assistance of counsel, we must first ascertain whether the issue underlying the charge of ineffectiveness is of arguable merit, and if so, it must be determined whether the course chosen by counsel had some reasonable basis to effectuate his client’s interest.” Commonwealth v. Pittman, 295 Pa.Super. 234 , [237], 441 A.2d 436, 437 (1982) (citations omitted).

1984In reviewing a claim of ineffectiveness a two step analysis must be employed: It is well settled that “[wjhen confronted with a claim of ineffectiveness assistance of counsel, we must first ascertain whether the issue underlying the charge of ineffectiveness is of arguable merit, and if so, it must be determined whether the course chosen by counsel had some reasonable basis to effectuate his client’s interest.” Commonwealth v. Pittman, 295 Pa.Super. 234 , [237], 441 A.2d 436, 437 (1982) (citations omitted).

11
Commonwealth v. Lewisgreen
pasuperct · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1984–1984
1 sentence

1984See also Commonwealth v. McKnight, [307] Pa.Super. [213], 453 A.2d 1 (1982); Commonwealth v. Bossick, [305] Pa.Super. [196], 451 A.2d 489 (1982). *300 Commonwealth v. Lewis, 314 Pa.Superior Ct. 298, 303, 460 A.2d 1149, 1151 (1983).

11
Commonwealth v. McKnightgreen
pasuperct · 1982 · cited in 1 Pennsylvania opinions naming this issue, 1984–1984
1 sentence

1984See also Commonwealth v. McKnight, [307] Pa.Super. [213], 453 A.2d 1 (1982); Commonwealth v. Bossick, [305] Pa.Super. [196], 451 A.2d 489 (1982). *300 Commonwealth v. Lewis, 314 Pa.Superior Ct. 298, 303, 460 A.2d 1149, 1151 (1983).

11
Koenig v. International Brotherhood of Boilermakersgreen
pasuperct · 1980 · cited in 1 Pennsylvania opinions naming this issue, 1983–1983
2 sentences

1983It was restated not long ago in Koenig v. International Brotherhood of Boilermakers, 284 Pa.Super. 558, 568 , 426 A.2d 635, 640 (1980): “First, the defendant must have purposefully availed itself of the privilege of acting within the forum state thus invoking the benefits and protections of its laws ...

1983It was restated not long ago in Koenig v. International Brotherhood of Boilermakers, 284 Pa.Super. 558, 568 , 426 A.2d 635, 640 (1980): “First, the defendant must have purposefully availed itself of the privilege of acting within the forum state thus invoking the benefits and protections of its laws ...

11
Deere v. Zilbergreen
pasuperct · 1975 · cited in 1 Pennsylvania opinions naming this issue, 1976–1976
2 sentences

1976In addition, in Deere v. Zilber, 234 Pa. Superior Ct. 273, 278 , 338 A.2d 615, 618 (1975), we stated that “[t]he Long-Arm Statute was passed after the adoption of the Restatement of Torts (Second) §402A (1965) , and, therefore, ... substantiates the inference that the legislature intended to make amenable to Pennsylvania jurisdiction those foreign corporations whose products cause damage or injury in Pennsylvania, however circuitous their distributive chain may be.” Thus, we must engage in a two step inquiry: (1) do appellant’s activities amount to “doing business” within Pennsylvania; and, if

1976In addition, in Deere v. Zilber, 234 Pa. Superior Ct. 273, 278 , 338 A.2d 615, 618 (1975), we stated that “[t]he Long-Arm Statute was passed after the adoption of the Restatement of Torts (Second) §402A (1965) , and, therefore, ... substantiates the inference that the legislature intended to make amenable to Pennsylvania jurisdiction those foreign corporations whose products cause damage or injury in Pennsylvania, however circuitous their distributive chain may be.” Thus, we must engage in a two step inquiry: (1) do appellant’s activities amount to “doing business” within Pennsylvania; and, if

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 (14)

CaseCitedYears
Bowles, Price Administrator, v. Seminole Rock & Sand Co. green
scotus · 1945
2 sentences

1987First, “[i]n construing administrative regulations, ‘the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.’ ” United States v. Larionoff, 431 U.S. 864, 872 , 97 S.Ct. 2150, 2155 , 53 L.Ed.2d 48 (1977) quoting Bowles v. Seminole Rock Co., 325 U.S. 410 , 414, 65 S.Ct. 1215, 1217 , 89 L.Ed. 1700 (1945).

1987First, "[i]n construing administrative regulations, `the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.'" United States v. Larionoff, 431 U.S. 864, 872 , 97 S.Ct. 2150, 2155 , 53 L.Ed.2d 48 (1977) quoting Bowles v. Seminole Rock Co., 325 U.S. 410 , 414, 65 S.Ct. 1215, 1217 , 89 *330 L.Ed. 1700 (1945).

51980–1987
Bowles v. Seminole Rock & Sand Co. green
scotus · 1945
2 sentences

1987First, “[i]n construing administrative regulations, ‘the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.’ ” United States v. Larionoff, 431 U.S. 864, 872 , 97 S.Ct. 2150, 2155 , 53 L.Ed.2d 48 (1977) quoting Bowles v. Seminole Rock Co., 325 U.S. 410 , 414, 65 S.Ct. 1215, 1217 , 89 L.Ed. 1700 (1945).

1987First, “[i]n construing administrative regulations, ‘the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.’ ” United States v. Larionoff, 431 U.S. 864, 872 , 97 S.Ct. 2150, 2155 , 53 L.Ed.2d 48 (1977) quoting Bowles v. Seminole Rock Co., 325 U.S. 410 , 414, 65 S.Ct. 1215, 1217 , 89 L.Ed. 1700 (1945).

31980–1987
New York State Rifle & Pistol Assn., Inc. v. Bruen green
scotus · 2022
2 sentences

2024In reaching its decision, the Bruen Court rejected expressly the two- step framework adopted by the lower courts as “one step too many.” Id. at 19 .

2024The Court observed that step one was “broadly consistent with Heller, which demands a test rooted in the Second Amendment’s text, as informed by history.” Id.

22024–2024
Com. v. Cole, T. green
pasuperct · 2020
1 sentence

2020Consequently, the trial court improperly ruled that J.R.’s EWOC convictions did not constitute crimen falsi offenses and - 16 - J-S14019-20 should have issued the appropriate jury instruction.7 See Commonwealth v. Cole, 2020 WL 400234 , 2020 PA Super 12 (filed Jan. 24, 2020) (explaining that in Pennsylvania, witness may be impeached by prior conviction if crime involved dishonesty or false statement; appellant was entitled to jury instruction regarding relevancy of witness’ crimen falsi convictions, and how jury could utilize that evidence in assessing her credibility).

12020–2020
Commonwealth v. Davis green
pasuperct · 2011
1 sentence

2020Nevertheless, the trial court failed to conduct the second part of the two- step analysis, namely, an inspection of “the underlying facts that led to the conviction to determine if dishonesty or false statement facilitated the commission of the crime.” See Davis, supra. The record makes clear the factual basis for J.R.’s EWOC convictions involved dishonesty or a false statement to medical personnel and police concerning how the twins might have been exposed to drugs.

12020–2020
Westmoreland Intermediate Unit 7 v. Westmoreland Intermediate Unit 7 Classroom Assistants Educational Support Personnel Ass'n green
pa · 2007
1 sentence

2018Westmoreland Intermediate Unit # 7, 939 A.2d at 863 ; Cheyney University, 743 A.2d at 413 .

12018–2018
State System of Higher Education v. State College University Professional Ass'n green
pa · 1999
1 sentence

2018Westmoreland Intermediate Unit # 7, 939 A.2d at 863 ; Cheyney University, 743 A.2d at 413 .

12018–2018
Hall v. ACME MARKETS, INC. green
pacommwct · 1987
1 sentence

2014This is the same two step analysis conducted by Commonwealth Court in Hall v. Acme Markets Inc., 532 A.2d 894 (Pa. Cmwlth. 1987).

12014–2014
Commonwealth v. Fenstermaker green
pa · 1987
2 sentences

2007Specifically, the Court explained: [Djocuments upon which a magistrate bases a decision to issue an arrest warrant are clearly judicial in character, for the decision to issue a warrant is itself a judicial one reflecting a determination that the affidavits and the information contained therein provide a sufficient basis upon which to justify an arrest. 515 Pa. at 509 , 530 A.2d at 418 . 8 ¶ 11 Therefore, we must now perform the two step analysis to determine *861 whether the letters in issue are, first, judicial documents, and second, public judicial documents.

2007Specifically, the Court explained: [Djocuments upon which a magistrate bases a decision to issue an arrest warrant are clearly judicial in character, for the decision to issue a warrant is itself a judicial one reflecting a determination that the affidavits and the information contained therein provide a sufficient basis upon which to justify an arrest. 515 Pa. at 509 , 530 A.2d at 418 . 8 ¶ 11 Therefore, we must now perform the two step analysis to determine *861 whether the letters in issue are, first, judicial documents, and second, public judicial documents.

12007–2007
Pypers v. Workmen's Compensation Appeal Board green
pacommwct · 1987
1 sentence

1991Pypers v. Workmen’s Compensation Appeal Bd., supra, 524 A.2d at 1048 ; see also 77 Pa.C.S.A. § 411(1).

11991–1991
Commonwealth v. Hudson green
pa · 1980
2 sentences

1988Commonwealth v. Hudson, 489 Pa. 620 , 414 A.2d 1381 (1980); Commonwealth v. Batty, 482 Pa. 173 , 393 A.2d 435 (1978)____ Whether the photographs are admissible depend[s] on a two step analysis.

1988Commonwealth v. Hudson, 489 Pa. 620 , 414 A.2d 1381 (1980); Commonwealth v. Batty, 482 Pa. 173 , 393 A.2d 435 (1978)____ Whether the photographs are admissible depend[s] on a two step analysis.

11988–1988
Commonwealth v. Batty green
pa · 1978
2 sentences

1988Commonwealth v. Hudson, 489 Pa. 620 , 414 A.2d 1381 (1980); Commonwealth v. Batty, 482 Pa. 173 , 393 A.2d 435 (1978)____ Whether the photographs are admissible depend[s] on a two step analysis.

1988Commonwealth v. Hudson, 489 Pa. 620 , 414 A.2d 1381 (1980); Commonwealth v. Batty, 482 Pa. 173 , 393 A.2d 435 (1978)____ Whether the photographs are admissible depend[s] on a two step analysis.

11988–1988
Allied Services for the Handicapped, Inc. v. Commonwealth green
pacommwct · 1983
2 sentences

1986First, ‘in construing administrative regulations, the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.’ Second, the regulations ‘must be consistent with the statute under .which they are promulgated.’ (Citations omitted.) 492 Pa. at 81 , 422 A.2d at 482 (quoted in Allied Services For the Handicapped, Inc. v. Department of Public Welfare, 78 Pa. Commonwealth Ct. 297, 467 A.2d 646 (1983)).

1986First, ‘in construing administrative regulations, the ultimate criterion is the administrative interpretation, which becomes of controlling weight unless it is plainly erroneous or inconsistent with the regulation.’ Second, the regulations ‘must be consistent with the statute under .which they are promulgated.’ (Citations omitted.) 492 Pa. at 81 , 422 A.2d at 482 (quoted in Allied Services For the Handicapped, Inc. v. Department of Public Welfare, 78 Pa. Commonwealth Ct. 297, 467 A.2d 646 (1983)).

11986–1986
Commonwealth v. Bossick green
pasuperct · 1982
1 sentence

1984See also Commonwealth v. McKnight, [307] Pa.Super. [213], 453 A.2d 1 (1982); Commonwealth v. Bossick, [305] Pa.Super. [196], 451 A.2d 489 (1982). *300 Commonwealth v. Lewis, 314 Pa.Superior Ct. 298, 303, 460 A.2d 1149, 1151 (1983).

11984–1984

Where else courts name it

TX 120 (1978–2026) IN 34 (1981–2020) CT 32 (1986–2024) OH 23 (1990–2025) LA 22 (1985–2024) WA 22 (2005–2025) PA 21 (1976–2025) CA 20 (2001–2026) NJ 16 (1987–2026) IL 15 (1977–2026) DE 14 (1986–2024) MN 12 (1990–2024) DC 11 (1978–2019) AL 10 (1989–2016) CO 8 (1987–2025) FL 8 (1994–2025) MO 8 (1980–2019) AZ 7 (1985–2023) WI 6 (1978–2021) HI 6 (1993–2020) GA 5 (1979–2025) ME 5 (2002–2022) NC 5 (1992–2024) MD 5 (1998–2026) IA 4 (1981–2023) UT 3 (1991–1993) OR 3 (1986–2020) NV 3 (2017–2024) ID 3 (2020–2025) OK 3 (1991–2007) MA 3 (2023–2024) WY 3 (2009–2014) TN 3 (1998–2026) NY 2 (2008–2010) ND 2 (1999–2011) AK 2 (1974–1986) NE 2 (1983–2017) MI 2 (1978–2024) NM 2 (1979–2009) VA 2 (1990–2005) KS 2 (2018–2025) MS 2 (2005–2007)

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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