overarching principle (Pennsylvania) · Go Syfert
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overarching principle in Pennsylvania

20 Pennsylvania opinions name it 4 courts 2003–2026 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 (16)

CaseFollowedCited
Schwartz v. Texasred
scotus · 1952 · cited in 4 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025Servs. v. Dublino, 413 U.S. 405, 413 (1973) (quoting Schwartz v. Texas, 344 U.S. 199, 202-03 (1952)). 51 Germane and to similar effect to the overarching presumption against preemptive effect is the above-mentioned bias in favor of the uninterrupted completion of state administrative proceedings before federal court intervention. 52 B.

2025Servs. v. Dublino, 413 U.S. 405, 413 (1973) (quoting Schwartz v. Texas, 344 U.S. 199, 202-03 (1952)).51 Germane and to similar effect to the overarching presumption against preemptive effect is the above-mentioned bias in favor of the uninterrupted completion of state administrative proceedings before federal court intervention.52 B.

44
New York State Department of Social Services v. Dublinogreen
scotus · 1973 · cited in 4 Pennsylvania opinions naming this issue, 2025–2025
2 sentences

2025Servs. v. Dublino, 413 U.S. 405, 413 (1973) (quoting Schwartz v. Texas, 344 U.S. 199, 202-03 (1952)). 51 Germane and to similar effect to the overarching presumption against preemptive effect is the above-mentioned bias in favor of the uninterrupted completion of state administrative proceedings before federal court intervention. 52 B.

2025Servs. v. Dublino, 413 U.S. 405, 413 (1973) (quoting Schwartz v. Texas, 344 U.S. 199, 202-03 (1952)).51 Germane and to similar effect to the overarching presumption against preemptive effect is the above-mentioned bias in favor of the uninterrupted completion of state administrative proceedings before federal court intervention.52 B.

44
Ben v. Schwartzgreen
pa · 1999 · cited in 4 Pennsylvania opinions naming this issue, 2003–2019
2 sentences

2003"The overarching principle governing `importance' is that, for the purposes of the Cohen test, an issue is important if the interests that would potentially go unprotected without immediate appellate review of that issue are significant relative to the efficiency interests sought to be advanced by adherence to the final judgment rule." Ben , at 484, 729 A.2d at 552 (quoting Ford, 110 F.3d at 959 (footnote omitted)).

2003“The overarching principle governing ‘importance’ is that, for the purposes of the Cohen test, an issue is important if the interests that would potentially go unprotected without immediate appellate review of that issue are significant relative to the efficiency interests sought to be advanced by adherence to the final judgment rule.” Ben , at 484, 729 A.2d at 552 (quoting Ford, 110 F.3d at 959 (footnote omitted)).

34
Serrano v. Chesapeake Appalachia, LLCgreen
pawd · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026Acknowledging that “[t]here is less clarity as to whether attorneys for both parties must be involved in the exchange,” but with the absence of clear guidance from Pennsylvania appellate courts, the Sandoz court “default[ed] to the overarching principle emanating from the Supreme Court, that exceptions to disclosure are to be construed narrowly” and therefore found the privilege waived “where both parties were not represented by counsel in an exchange of information[.]” Id. at 270-71; see also Serrano v. Chesapeake Appalachia, LLC, 298 F.R.D. 271, 284 (W.D.

11
James Appealgreen
pa · 1954 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Election, 241 A.3d 1058 , 1062 (Pa. 2020) (“Ballots of Nov. 3, 2020”); see also Appeal of James, 105 A.2d 64, 65 (Pa. 1954) (stating that while our election statutes are to be “strictly enforced to prevent fraud,” they are “ordinarily … construed liberally in [J-59-2024] [MO: Mundy, J.] - 4 favor of the right to vote”).

11
Commonwealth v. Browngreen
pa · 2012 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024In reviewing claims pertaining to evidence, we are cognizant of the overarching principle that questions concerning the admissibility of evidence are “within the sound discretion of the trial court . . . [and] we will not reverse a trial court’s decision concerning admissibility of evidence absent an abuse of the trial court’s discretion.” Commonwealth v. Brown, 52 A.3d 1139, 1197 (Pa. 2012) (citation omitted).

11
Coretsky v. Board of Commissionersgreen
pa · 1989 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
2 sentences

2022See Coretsky v. Bd. of Commissioners, 520 Pa. 513, 518 , 555 A.2d 72, 74 (1989) (opining that “by definition, ‘shall’ is mandatory”).

2022See Coretsky v. Bd. of Commissioners, 520 Pa. 513, 518 , 555 A.2d 72, 74 (1989) (opining that “by definition, ‘shall’ is mandatory”).

11
Commonwealth v. Tedfordgreen
pa · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022“No number of failed claims may collectively warrant relief if they fail to do so individually.” Tedford, 960 A.2d at 56 (citations omitted).

11
Commonwealth v. Steelegreen
pa · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018"Where it is clear that a petitioner has failed to ,· meet any of the three, distinct prongs of the Pierce test, the claim may be disposed of on that basis alone, without a determination of whether the other two prongs have been met." CQrnmonwealth v Steele, 961 A.2d 786, 797 (Pa. 2008) (citations omitted).

11
Triffin v. Janssengreen
pasuperct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Thus, the overarching inquiry on whether a defendant acted improperly is whether the defendant’s conduct is “sanctioned by the rules of the game which society has adopted.” Glenn, 272 A.2d at 899 ; see, e.g., Triffin v. Janssen, 626 A.2d 571, 575 (Pa. Super. 1993) (Refusal to consent to withdrawal of opposing party’s attorney was not improper because conduct was consistent with the rules of court); Small v. Juniata College, 682 A.2d 350, 354 (Pa. Super. 1996) (Players on football team did not act improperly by voicing negative opinions of coach to college administration, which, upon investigat

11
Commonwealth v. Carsongreen
pa · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
2 sentences

2014See Commonwealth v. Carson, 590 Pa. 501 , 913 A.2d 220, 235 (2006); Wright v. City of Scranton, 128 Pa.Super. 185 , 194 A. 10, 12 (1937).

2014See Commonwealth v. Carson, 590 Pa. 501 , 913 A.2d 220, 235 (2006); Wright v. City of Scranton, 128 Pa.Super. 185 , 194 A. 10, 12 (1937).

11
Small v. Juniata Collegegreen
pasuperct · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Thus, the overarching inquiry on whether a defendant acted improperly is whether the defendant’s conduct is “sanctioned by the rules of the game which society has adopted.” Glenn, 272 A.2d at 899 ; see, e.g., Triffin v. Janssen, 626 A.2d 571, 575 (Pa. Super. 1993) (Refusal to consent to withdrawal of opposing party’s attorney was not improper because conduct was consistent with the rules of court); Small v. Juniata College, 682 A.2d 350, 354 (Pa. Super. 1996) (Players on football team did not act improperly by voicing negative opinions of coach to college administration, which, upon investigat

11
Wright Et Ux. v. Scrantongreen
pasuperct · 1937 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
2 sentences

2014See Commonwealth v. Carson, 590 Pa. 501 , 913 A.2d 220, 235 (2006); Wright v. City of Scranton, 128 Pa.Super. 185 , 194 A. 10, 12 (1937).

2014See Commonwealth v. Carson, 590 Pa. 501 , 913 A.2d 220, 235 (2006); Wright v. City of Scranton, 128 Pa.Super. 185 , 194 A. 10, 12 (1937).

11
In Re Nomination of Paulmiergreen
pa · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
2 sentences

2013The overarching principle of statutory construction is that the “intent of the Legislature is always our polestar when considering the interpretation and construction of statutes.” In re Paulmier, 594 Pa. 433 , 937 A.2d 364, 372 (2007), citing 1 Pa.C.S. § 1921(a).

2013The overarching principle of statutory construction is that the “intent of the Legislature is always our polestar when considering the interpretation and construction of statutes.” In re Paulmier, 594 Pa. 433 , 937 A.2d 364, 372 (2007), citing 1 Pa.C.S. § 1921(a).

11
Tannenbaum v. Nationwide Insurancegreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2010–2010
2 sentences

2010Tannenbaum, 919 A.2d at 271 (emphasis added).

2010Tannenbaum, 919 A.2d at 271 (emphasis added).

11
In Re Ford Motor Companygreen
ca3 · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
2 sentences

2003"The overarching principle governing `importance' is that, for the purposes of the Cohen test, an issue is important if the interests that would potentially go unprotected without immediate appellate review of that issue are significant relative to the efficiency interests sought to be advanced by adherence to the final judgment rule." Ben , at 484, 729 A.2d at 552 (quoting Ford, 110 F.3d at 959 (footnote omitted)).

2003“The overarching principle governing ‘importance’ is that, for the purposes of the Cohen test, an issue is important if the interests that would potentially go unprotected without immediate appellate review of that issue are significant relative to the efficiency interests sought to be advanced by adherence to the final judgment rule.” Ben , at 484, 729 A.2d at 552 (quoting Ford, 110 F.3d at 959 (footnote omitted)).

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 (3)

CaseCitedYears
GLENN v. Point Park College green
pa · 1971
1 sentence

2014Thus, the overarching inquiry on whether a defendant acted improperly is whether the defendant’s conduct is “sanctioned by the rules of the game which society has adopted.” Glenn, 272 A.2d at 899 ; see, e.g., Triffin v. Janssen, 626 A.2d 571, 575 (Pa. Super. 1993) (Refusal to consent to withdrawal of opposing party’s attorney was not improper because conduct was consistent with the rules of court); Small v. Juniata College, 682 A.2d 350, 354 (Pa. Super. 1996) (Players on football team did not act improperly by voicing negative opinions of coach to college administration, which, upon investigat

12014–2014
Carroll v. Kephart green
pasuperct · 1998
1 sentence

2007We are not persuaded, as the overarching principle remains constant: where the personal policies resorted to are both separate from UIM, or UM, coverage, and paid for exclusively by the claimant either directly, or through payroll deductions which result in lower wages, payments received from these coverages do not duplicate benefits under the MVFRL as they are fundamentally different from those benefits. ¶ 14 In Carroll, supra, we dismissed as erroneous the trial court’s conclusion that because, theoretically, the appellant was eligible to receive wage loss benefits, she could not recover suc

12007–2007
Commonwealth v. Dennis green
pa · 2004
1 sentence

2004The majority intimates that this issue is sufficiently important since it "would provide our court with an opportunity to explain the substance of the `good cause' requirement for discovery...." See Majority opinion at ___, 859 A.2d at 1278 .

12004–2004

Statutes the citing opinions construe

CFR § 40c.f.r.52.2020 (4) PA § 42 Pa. Cons. Stat. § 763 (4) USC § 15u.s.c.717 (4) USC § 15u.s.c.717f(c) (4) USC § 15u.s.c.717r(b) (4) USC § 15u.s.c.717r(d)(1) (4) USC § 42u.s.c.7401 (4) USC § 42u.s.c.7410 (4) USC § 5u.s.c.704 (4)

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

CA 139 (1998–2026) TX 39 (1996–2026) NY 38 (1997–2026) MD 26 (1992–2026) NJ 25 (1983–2022) PA 20 (2003–2026) UT 19 (1951–2024) KS 19 (1998–2025) WA 17 (1997–2025) MO 17 (1985–2024) MI 16 (1997–2026) OR 15 (2003–2025) IA 13 (2003–2025) MA 13 (2001–2025) IL 12 (1993–2026) AZ 11 (2006–2015) LA 11 (1997–2024) OH 10 (1999–2026) NM 10 (2004–2025) DE 9 (2009–2022) NV 9 (2010–2022) WI 9 (2003–2022) IN 9 (2008–2019) CT 9 (1990–2019) FL 8 (1993–2019) OK 7 (1995–2016) NC 7 (2000–2020) VA 7 (2001–2021) WV 6 (1998–2022) GA 6 (2008–2017) KY 6 (2005–2025) MN 5 (1997–2017) CO 5 (2014–2025) MS 5 (2005–2018) TN 4 (2000–2019) RI 4 (2002–2022) SC 3 (2006–2022) ME 3 (1991–2023) AL 3 (2010–2017) AR 2 (2011–2019) NH 2 (2006–2020) AK 2 (2019–2025) HI 2 (2015–2015) DC 2 (2022–2022) NE 2 (2020–2025)

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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