17 Pennsylvania opinions name it 6 courts 1924–2020 0 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 |
|---|---|---|
Hovatter, D. v. CSX Transportationgreen1 sentence2019See Alford v. Philadelphia Coca-Cola Bottling Co., Inc., 531 A.2d 792 (Pa.Super. 1987). - 10 - J-A07037-19 default judgment or compromise for a larger sum.” Hovatter, 193 A.3d at 424 (quotation marks and quotation omitted). | 1 | 1 |
Alford v. Philadelphia Coca-Cola Bottling Co.green1 sentence2019See Alford v. Philadelphia Coca-Cola Bottling Co., Inc., 531 A.2d 792 (Pa.Super. 1987). - 10 - J-A07037-19 default judgment or compromise for a larger sum.” Hovatter, 193 A.3d at 424 (quotation marks and quotation omitted). | 1 | 1 |
PennDOT v. BRAYMAN CC-BRACKEN CCgreen1 sentence2017Notably, this Court has stated that evidence of actual mailing is not required.” C.E. v. Department of Public Welfare, 97 A.3d 828, 832 (Pa. Cmwlth. 2014) (internal citations and quotation marks omitted) (citing Department of Transportation v. Brayman Construction Corp., 513 A.2d 562, 566 (Pa. Cmwlth. 1986)). | 1 | 1 |
C.E. v. Department of Public Welfaregreen1 sentence2017Notably, this Court has stated that evidence of actual mailing is not required.” C.E. v. Department of Public Welfare, 97 A.3d 828, 832 (Pa. Cmwlth. 2014) (internal citations and quotation marks omitted) (citing Department of Transportation v. Brayman Construction Corp., 513 A.2d 562, 566 (Pa. Cmwlth. 1986)). | 1 | 1 |
In Re Padezaningreen1 sentence2016See In re Padezanin, supra. Accordingly, we discern no abuse of discretion. -7- J-S69037-15 Lastly, we are not persuaded by Appellant’s claims that she should not be compelled to pay counsel fees because defense counsel is a salaried employee or because defendants are not “actually” responsible for the costs of their defense. | 1 | 1 |
Erie Insurance Exchange v. Claypoolegreen1 sentence2015Exchange v. Claypoole, 673 A.2d 348, 355-356 (Pa. Super. 1996) (en banc) (internal citations omitted) (“It is well established that the duty to defend and pay the costs of defense is broader than the duty to indemnify [an insured]. | 1 | 1 |
Terminato v. Pennsylvania National Insurancegreen2 sentences2014Co., 538 Pa. 60 , 645 A.2d 1287, 1288 (1994) (holding “an insured is not required to request reconsideration of a peer review decision before proceeding to court”). 9 Further, only an insurer’s refusal to pay that is not based on a peer review determination under Section 1797(b) implicates the attorney fee award at issue in this appeal. (6) Court determination in favor of provider or insured. — If, pursuant to paragraph (4), a court determines that medical treatment or rehabilitative services or merchandise were medically necessary, the insurer must pay to the provider the outstanding amount p 2014Co., 538 Pa. 60 , 645 A.2d 1287, 1288 (1994) (holding “an insured is not required to request reconsideration of a peer review decision before proceeding to court”). 9 Further, only an insurer’s refusal to pay that is not based on a peer review determination under Section 1797(b) implicates the attorney fee award at issue in this appeal. (6) Court determination in favor of provider or insured. — If, pursuant to paragraph (4), a court determines that medical treatment or rehabilitative services or merchandise were medically necessary, the insurer must pay to the provider the outstanding amount p | 1 | 1 |
Speicher v. Toshokgreen1 sentence2005Another recognized purpose of the rule can be found in Speicher v. Toshok, 63 Pa. D. & C.4th 435, 443 (2003), where it was stated that “the purpose of these rules is to minimize the costs of defense and the time that a licensed professional must devote to the litigation until the plaintiff has been able to secure a certificate of merit.” Under the circumstances of the present case, a delay of a week does little damage to either of these admittedly legitimate goals. ¶ 15 For the above reasons, we conclude that Appellants proffered a reasonable excuse for the failure to file the Rule 1042.3 cert | 1 | 1 |
In Re Estate of Damariogreen2 sentences1984More recently, the Supreme Court of Pennsylvania held that the orphans’ court, exercising its equitable jurisdiction, properly directed reimbursement of defense costs from an inheritance which defendant received after his murder trial. 7 In Re: Estate of Damario, 488 Pa. 434 , 412 A.2d 842 (1980). 1984More recently, the Supreme Court of Pennsylvania held that the orphans’ court, exercising its equitable jurisdiction, properly directed reimbursement of defense costs from an inheritance which defendant received after his murder trial. 7 In Re: Estate of Damario, 488 Pa. 434 , 412 A.2d 842 (1980). | 1 | 1 |
M. v. S.green2 sentences1980Similarly, a New Jersey court recently held in a “quasi-criminal proceeding” that a “public entity bearing the costs of the defense may make a timely application for reimbursement of such costs,” and a court *439 has “inherent power to order reimbursement,” M. v. S., 169 N.J.Super. 209 , 404 A.2d 653, 657 (1979). 4 Directing reimbursement for the expenditure of public funds is not unknown in Pennsylvania jurisprudence. 1980Similarly, a New Jersey court recently held in a “quasi-criminal proceeding” that a “public entity bearing the costs of the defense may make a timely application for reimbursement of such costs,” and a court *439 has “inherent power to order reimbursement,” M. v. S., 169 N.J.Super. 209 , 404 A.2d 653, 657 (1979). 4 Directing reimbursement for the expenditure of public funds is not unknown in Pennsylvania jurisprudence. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Boeing Vertol Co. v. Workmen's Compensation Appeal Board
green
2 sentences2003In Boeing Vertol Co. v. Workmen’s Compensation Appeal Board (Coles), 107 Pa.Cmwlth. 388 , 528 A.2d 1020 (1987), this Court recognized that a claimant is entitled to reimbursement for the costs of hearing transcripts which are necessary for presentation of the claimant’s case. 2003In Boeing Vertol Co. v. Workmen’s Compensation Appeal Board (Coles), 107 Pa.Cmwlth. 388 , 528 A.2d 1020 (1987), this Court recognized that a claimant is entitled to reimbursement for the costs of hearing transcripts which are necessary for presentation of the claimant’s case. | 3 | 1988–2003 |
Amato v. Mercury Casualty Co.
green
2 sentences2020Further, “[w]here an insured mounts a defense at the insured’s own expense following the insurer’s refusal to defend, the usual contract damages are the costs of the defense.” Id. at 913 . 2020The trial court determined in its prior judgment that “Mercury had no good cause to refuse to defend, and Mercury therefore tortiously breached the covenant of good faith and fair dealing.” Id. | 1 | 2020–2020 |
Stanton v. COM., DEPT. OF TRANSP.
green
1 sentence2017Furthermore, a petitioner “must proceed with reasonable diligence once he knows of the necessity to take action.” Id. at 927 . (2) If the General Counsel or the General Counsel's designee has determined initially that the defendant's conduct was a bad faith exercise of his authority, malicious or outside the scope of his employment, and the defendant ultimately prevails in the civil action, the General Counsel, in his sole discretion, may determine that the Commonwealth will reimburse the defendant for the costs of defense and fees of his private attorney. 12 Moreover, we note that the “mailbo | 1 | 2017–2017 |
Erie Insurance Exchange v. Transamerica Insurance
green
2 sentences1993Erie *44 Insurance Exchange v. Transamerica Insurance Co., 516 Pa. 574 , 533 A.2d 1363 (1987). 1993Erie *44 Insurance Exchange v. Transamerica Insurance Co., 516 Pa. 574 , 533 A.2d 1363 (1987). | 1 | 1993–1993 |
Malenfant v. Ruland
green
1 sentence1990Id. | 1 | 1990–1990 |
Gray v. Nationwide Mutual Insurance
green
1 sentence1987Sexton v. Security Insurance Company of New Haven, 13 D.&C.2d 444, East Coast Equipment Company v. Maryland Casualty Company, 38 D.&C.2d 499, Ripepi v. American Insurance Companies, 349 F.2d 300 , Kelley v. Kass, 154 Pa. Super. 267 , Kelmo Enterprises v. Commercial Union Insurance Company, 426 A.2d 680 ; Gray v. Nationwide Mutual Insurance Company, 422 Pa. 500 . | 1 | 1987–1987 |
Tony Ripepi, Individually and Tony Ripepi, Trading and Doing Business as Keystone Music Company v. The American Insurance Companies
green
1 sentence1987Sexton v. Security Insurance Company of New Haven, 13 D.&C.2d 444, East Coast Equipment Company v. Maryland Casualty Company, 38 D.&C.2d 499, Ripepi v. American Insurance Companies, 349 F.2d 300 , Kelley v. Kass, 154 Pa. Super. 267 , Kelmo Enterprises v. Commercial Union Insurance Company, 426 A.2d 680 ; Gray v. Nationwide Mutual Insurance Company, 422 Pa. 500 . | 1 | 1987–1987 |
Kelmo Enterprises, Inc. v. Commercial Union Insurance
green
1 sentence1987Sexton v. Security Insurance Company of New Haven, 13 D.&C.2d 444, East Coast Equipment Company v. Maryland Casualty Company, 38 D.&C.2d 499, Ripepi v. American Insurance Companies, 349 F.2d 300 , Kelley v. Kass, 154 Pa. Super. 267 , Kelmo Enterprises v. Commercial Union Insurance Company, 426 A.2d 680 ; Gray v. Nationwide Mutual Insurance Company, 422 Pa. 500 . | 1 | 1987–1987 |
Kelly v. Kass
green
1 sentence1987Sexton v. Security Insurance Company of New Haven, 13 D.&C.2d 444, East Coast Equipment Company v. Maryland Casualty Company, 38 D.&C.2d 499, Ripepi v. American Insurance Companies, 349 F.2d 300 , Kelley v. Kass, 154 Pa. Super. 267 , Kelmo Enterprises v. Commercial Union Insurance Company, 426 A.2d 680 ; Gray v. Nationwide Mutual Insurance Company, 422 Pa. 500 . | 1 | 1987–1987 |
Fuller v. Oregon
green
2 sentences1984Oregon could surely decide with objective rationality that when a defendant has been forced to submit to a criminal prosecution that does not end in conviction, he will be freed of any potential liability to reimburse the State for the costs of his defense.” Fuller, 417 U.S. at 50 , 94 S. Ct. at 2123 , 40 L.Ed.2d at 652 . 1984Oregon could surely decide with objective rationality that when a defendant has been forced to submit to a criminal prosecution that does not end in conviction, he will be freed of any potential liability to reimburse the State for the costs of his defense.” Fuller, 417 U.S. at 50 , 94 S. Ct. at 2123 , 40 L.Ed.2d at 652 . | 1 | 1984–1984 |
Waits' Estate
green
2 sentences1980As long ago as Waits Estate, 336 Pa. 151 , 7 A.2d 329 (1939), this Court stated that the common law implies a duty on the part of a recipient of public assistance to make reimbursement if able to do so. 1980As long ago as Waits Estate, 336 Pa. 151 , 7 A.2d 329 (1939), this Court stated that the common law implies a duty on the part of a recipient of public assistance to make reimbursement if able to do so. | 1 | 1980–1980 |
Cameron v. Paul
neutral
1 sentence1939This was in strict accord with the ruling of the Supreme Court in Cameron v. Paul, 11 Pa. 277 , in which it was held that a plaintiff, who, dissatisfied with the judgment of the court below, sued out a writ of error without success, was not entitled to the costs in error. | 1 | 1939–1939 |
Snyder's Appeal
green
1 sentence1924The attorneys’ fee was fixed specifically by the court and the officers’ costs fixed by law. are all set out by specific items on the margin of the record, as printed in the appellants’ paper-book.” In Snyder’s Appeal, 54 Pa. 67 , which was an appeal from the decree of the Orphans’ Court of this county, Mr. Justice Agnew, speaking for the court and referring to the Act of April 27, 1864, P. L. 641, says (at page 69) : “ ‘The costs, in all cases of partition in the Common Pleas or Orphans’ Court of this Commonwealth, with a reasonable allowance to the plaintiff or petitioner for counsel fees, t | 1 | 1924–1924 |
Estate of Playford
green
1 sentence1924In Playford’s Estate, 7 Pa. Superior Ct. 325 , which was an appeal from the Orphans’ Court of Fayette County in the matter of taxing costs in a partition proceeding, Judge Beaver said (at page 328) : “As to the question of adjudication or taxation of the costs the rule relating to the taxation of bills of costs in the court of common pleas does not apply here. | 1 | 1924–1924 |
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.