judge-made rule (Pennsylvania) · Go Syfert
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judge-made rule in Pennsylvania

18 Pennsylvania opinions name it 3 courts 1930–2024 1 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 (5)

CaseFollowedCited
Shenango Valley Osteopathic Hospital v. Department of Health of Commonwealthgreen
pa · 1982 · cited in 3 Pennsylvania opinions naming this issue, 1983–2006
2 sentences

2006See Shenango Valley Osteopathic Hosp., 499 Pa. at 46 n. 7, 451 A.2d at 437 n. 7. [6] The proper standard for demonstrating a uniformity violation solely on this basis is a separate matter.

1983The Supreme Court has recently clarified the exhaustion doctrine in Shenango Valley Osteopathic Hospital v. Department of Health, Pa. , 451 A.2d 434 (1982). 3 As the Supreme Court noted, this judge-made rule restrains the court from undermining a process designed to draw first upon agency expertise.

23
NATIONAL SOLID WASTES MGT. v. Caseygreen
pacommwct · 1990 · cited in 4 Pennsylvania opinions naming this issue, 1992–2016
2 sentences

2016National Solid Wastes Management Association v. Casey, 580 A.2d 893, 897 (Pa. Cmwlth. 1990) (en banc).

2001National Solid Wastes Management Association v. Casey, [135 Pa. Cmwlth. 134, 580 A.2d 893 (Pa.Cmwlth. 1990) ].

14
Beattie v. Allegheny Countygreen
pa · 2006 · cited in 3 Pennsylvania opinions naming this issue, 2012–2024
2 sentences

2024Rehab I, 283 A.3d at 271 (holding that because an administrative remedy existed, the petitioners could not invoke this Court’s equitable jurisdiction “solely on the basis that it may reach a more expeditious resolution” (citation omitted)). 10 Cori’s Place does not raise any similar allegation for the February 2022 revised fees, i.e., it appealed the fees to the BHA but lacked sufficient resources to maintain its appeal. 11 Our Supreme Court explained that “the requirement of administrative exhaustion is a judge-made rule and does not pertain to the existence of subject matter jurisdiction, bu

2017We consider whether such jurisdiction was properly invoked—rather than whether it ex- ■ isted—because "the requirement of administrative exhaustion is a judge-made rule and does not pertain to the existence of subject matter jurisdiction, but to whether such jurisdiction is properly exercised.” Beattie, 589 Pa. at 124 n.5, 907 A.2d at 526 n.5 (emphasis added). 11 .

13
White v. Conestoga Title Insurancegreen
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2012–2012
1 sentence

2012We need not address how this conflict may (or may not) affect a trial court’s ability to raise sua sponte Section 1504 — or the exhaustion doctrine generally — since Conestoga asserted a statutory-exclusivity defense at the court of common pleas level, see Answer to Complaint with New Matter at 5 (R.R. 45a), and the issue has been preserved throughout this litigation, see, e.g., White v. Conestoga Title Insurance Co., 982 A.2d 997, 1002 (Pa.Super.2009).

11
Susquehanna Valley Alliance v. Three Mile Island Nuclear Reactorgreen
ca3 · 1980 · cited in 1 Pennsylvania opinions naming this issue, 1982–1982
2 sentences

1982See, Susquehanna Valley Alliance v. Three Mile Island, 619 F.2d 231 , 245 (3rd Cir. 1980). [8] The Act of 1806 was repealed by the Act of December 6, 1972, Act 290, § 3 and was simultaneously reenacted in substantially the same language.

1982See, Susquehanna Valley Alliance v. Three Mile Island, 619 F.2d 231 , 245 (3rd Cir. 1980). .

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 (9)

CaseCitedYears
Jackson v. Centennial School District green
pa · 1985
2 sentences

2012Jackson, 509 Pa. at 107 n. 5, 501 A.2d at 221 n. 5 ("Frequently, it is said that the failure to exhaust administrative remedies divests the court of ‘jurisdiction.’ This is not subject-matter jurisdiction, however, but rather the judge-made rule that exhaustion of administrative remedies is a prerequisite to the court’s exercise of subject-matter jurisdiction.”); see also Beattie v. Allegheny County, 589 Pa. 113 , 124 n. 5, 907 A.2d 519 , 526 n. 5 (2006) (emphasis in original) ("This exception [which recognizes that the administrative process is ill-suited to resolve certain types of constitut

2012Jackson, 509 Pa. at 107 n. 5, 501 A.2d at 221 n. 5 ("Frequently, it is said that the failure to exhaust administrative remedies divests the court of ‘jurisdiction.’ This is not subject-matter jurisdiction, however, but rather the judge-made rule that exhaustion of administrative remedies is a prerequisite to the court’s exercise of subject-matter jurisdiction.”); see also Beattie v. Allegheny County, 589 Pa. 113 , 124 n. 5, 907 A.2d 519 , 526 n. 5 (2006) (emphasis in original) ("This exception [which recognizes that the administrative process is ill-suited to resolve certain types of constitut

31991–2012
Baker v. Commonwealth, Pennsylvania Human Relations Commission green
pacommwct · 1983
2 sentences

1990Baker v. Commonwealth of Pennsylvania, Human Relations Commission, 75 Pa.Commonwealth Ct. 296, 462 A.2d 881 (1983), aff'd as modified, 507 Pa. 325 , 489 A.2d 1354 (1985).

1990Baker v. Commonwealth of Pennsylvania, Human Relations Commission, 75 Pa.Commonwealth Ct. 296, 462 A.2d 881 (1983), aff'd as modified, 507 Pa. 325 , 489 A.2d 1354 (1985).

21990–1990
Baker v. COM., PA. HUMAN RELATIONS COM'N green
pa · 1985
2 sentences

1990Baker v. Commonwealth of Pennsylvania, Human Relations Commission, 75 Pa.Commonwealth Ct. 296, 462 A.2d 881 (1983), aff'd as modified, 507 Pa. 325 , 489 A.2d 1354 (1985).

1990Baker v. Commonwealth of Pennsylvania, Human Relations Commission, 75 Pa.Commonwealth Ct. 296, 462 A.2d 881 (1983), aff'd as modified, 507 Pa. 325 , 489 A.2d 1354 (1985).

21990–1990
Leichter v. Eastern Realty Co. green
pa · 1986
1 sentence

1995Therefore, it is obvious that Venice holds an easement; the question as to how Venice exercised the prerogative of the easement in order to be deemed a “possessor of land” or not, still remains unanswered and, as stated above, is a question for the jury. 1 Leichter v. Eastern Realty Co., supra at 193, 516 A.2d at 1249 . *417 Because a material issue of fact remained, the trial judge made an error of law in granting summary judgment.

11995–1995
United States v. Bethlehem Steel Corp. green
scotus · 1942
2 sentences

1981Laws § 9-21-10; South Dakota: S.D.C.L. 1967 Ann. § 21-1-11 for prejudgment interest statutes, and New Jersey Rule of Civil Procedure 4:42-11 for a judge-made rule. [9] It is interesting to note that, of the eight states which have legislative enactments, four categorize these statutes among laws dealing with "Procedure," (Colorado, Louisiana, New Hampshire, and Rhode Island) while two others classify this relief as "Judicial Remedies," (North Dakota and South Dakota). [10] In Louisiana, for example, the state Supreme Court enjoys only supplementary rule-making authority. "[R]ule-making power i

1981Laws § 9-21-10; South Dakota: S.D.C.L. 1967 Ann. § 21-1-11 for prejudgment interest statutes, and New Jersey Rule of Civil Procedure 4:42-11 for a judge-made rule. [9] It is interesting to note that, of the eight states which have legislative enactments, four categorize these statutes among laws dealing with "Procedure," (Colorado, Louisiana, New Hampshire, and Rhode Island) while two others classify this relief as "Judicial Remedies," (North Dakota and South Dakota). [10] In Louisiana, for example, the state Supreme Court enjoys only supplementary rule-making authority. "[R]ule-making power i

11981–1981
Girard Trust Corn Exchange Bank v. Brink's, Inc. green
pa · 1966
2 sentences

1981Laws § 9-21-10; South Dakota: S.D.C.L. 1967 Ann. § 21-1-11 for prejudgment interest statutes, and New Jersey Rule of Civil Procedure 4:42-11 for a judge-made rule. [9] It is interesting to note that, of the eight states which have legislative enactments, four categorize these statutes among laws dealing with "Procedure," (Colorado, Louisiana, New Hampshire, and Rhode Island) while two others classify this relief as "Judicial Remedies," (North Dakota and South Dakota). [10] In Louisiana, for example, the state Supreme Court enjoys only supplementary rule-making authority. "[R]ule-making power i

1981Laws § 9-21-10; South Dakota: S.D.C.L. 1967 Ann. § 21-1-11 for prejudgment interest statutes, and New Jersey Rule of Civil Procedure 4:42-11 for a judge-made rule. [9] It is interesting to note that, of the eight states which have legislative enactments, four categorize these statutes among laws dealing with "Procedure," (Colorado, Louisiana, New Hampshire, and Rhode Island) while two others classify this relief as "Judicial Remedies," (North Dakota and South Dakota). [10] In Louisiana, for example, the state Supreme Court enjoys only supplementary rule-making authority. "[R]ule-making power i

11981–1981
United States v. Bethlehem Steel Corp. green
ca3 · 1940
1 sentence

1981Laws § 9-21-10; South Dakota: S.D.C.L. 1967 Ann. § 21-1-11 for prejudgment interest statutes, and New Jersey Rule of Civil Procedure 4:42-11 for a judge-made rule. [9] It is interesting to note that, of the eight states which have legislative enactments, four categorize these statutes among laws dealing with "Procedure," (Colorado, Louisiana, New Hampshire, and Rhode Island) while two others classify this relief as "Judicial Remedies," (North Dakota and South Dakota). [10] In Louisiana, for example, the state Supreme Court enjoys only supplementary rule-making authority. "[R]ule-making power i

11981–1981
Carbondale City School District v. Fidelity & Deposit Co. of Maryland green
pa · 1943
2 sentences

1981Laws § 9-21-10; South Dakota: S.D.C.L. 1967 Ann. § 21-1-11 for prejudgment interest statutes, and New Jersey Rule of Civil Procedure 4:42-11 for a judge-made rule. [9] It is interesting to note that, of the eight states which have legislative enactments, four categorize these statutes among laws dealing with "Procedure," (Colorado, Louisiana, New Hampshire, and Rhode Island) while two others classify this relief as "Judicial Remedies," (North Dakota and South Dakota). [10] In Louisiana, for example, the state Supreme Court enjoys only supplementary rule-making authority. "[R]ule-making power i

1981Laws § 9-21-10; South Dakota: S.D.C.L. 1967 Ann. § 21-1-11 for prejudgment interest statutes, and New Jersey Rule of Civil Procedure 4:42-11 for a judge-made rule. [9] It is interesting to note that, of the eight states which have legislative enactments, four categorize these statutes among laws dealing with "Procedure," (Colorado, Louisiana, New Hampshire, and Rhode Island) while two others classify this relief as "Judicial Remedies," (North Dakota and South Dakota). [10] In Louisiana, for example, the state Supreme Court enjoys only supplementary rule-making authority. "[R]ule-making power i

11981–1981
Beardslee v. Columbia Township green
pa · 1898
1 sentence

1930Speaking for the court on this subject, in Beardslee v. Columbia Township, 188 Pa. 496 , Mr. Justice Mitchell says: “The Act of May 24, 1887, par. 3, P. L. 199,......authorizes exceptions to rulings, orders and remarks of the judge made in the hearing of the jury at any state of the proceedings.

11930–1930

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 7541 (6) PA § 42 Pa. Cons. Stat. § 761 (3)

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 55 (1936–2026) TN 40 (1977–2025) PA 18 (1930–2024) NC 16 (1932–2022) MA 13 (1955–2025) MI 12 (1962–2021) TX 12 (1982–2025) OH 12 (1985–2022) CO 11 (1975–2026) FL 11 (1971–2022) IL 11 (1970–2021) NJ 10 (1933–2026) NY 9 (1972–2024) OR 8 (1944–2017) UT 8 (1991–2021) WA 8 (1992–2021) DC 7 (1996–2020) WI 7 (1984–2008) DE 6 (1968–2024) MD 5 (1995–2026) IA 5 (1969–2019) HI 4 (1968–2001) VA 4 (1987–2016) GA 3 (1997–2025) AR 3 (1997–1998) KS 3 (1996–2020) AZ 3 (2001–2014) ME 3 (1982–2001) SD 3 (1992–1997) MO 3 (2004–2021) IN 3 (1975–1991) SC 3 (1970–2000) AL 2 (1982–2014) WV 2 (2018–2023) MN 2 (1954–2000) NV 2 (1982–2018)

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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