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15 Pennsylvania opinions name it 2 courts 1939–2021 2 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 |
|---|---|---|
Lo-Ji Sales, Inc. v. New Yorkgreen2 sentences1990See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 , 99 S.Ct. 2319 , 60 L.Ed.2d 920 (1979); Bumper v. North Carolina 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968); Go-Bart Importing Co. v. United States 282 U.S. 344 , 51 S.Ct. 153 , 75 L.Ed. 374 (1931). 1990See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 , 99 S.Ct. 2319 , 60 L.Ed.2d 920 (1979); Bumper v. North Carolina 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968); Go-Bart Importing Co. v. United States 282 U.S. 344 , 51 S.Ct. 153 , 75 L.Ed. 374 (1931). | 2 | 2 |
Commonwealth v. Collinsgreen2 sentences2014See Commonwealth v. Hanible, 612 Pa. 183 , 30 A.3d 426, 442 (2011) (noting that Sixth Amendment claim alleging ineffective assistance of counsel raises issue cognizable under PCRA even if underlying ineffectiveness claim has been previously litigated) (citing Commonwealth v. Collins, 585 Pa. 45 , 888 A.2d 564, 573 (2005)). 2014See Commonwealth v. Hanible, 612 Pa. 183 , 30 A.3d 426, 442 (2011) (noting that Sixth Amendment claim alleging ineffective assistance of counsel raises issue cognizable under PCRA even if underlying ineffectiveness claim has been previously litigated) (citing Commonwealth v. Collins, 585 Pa. 45 , 888 A.2d 564, 573 (2005)). | 1 | 1 |
Commonwealth v. Hokegreen1 sentence2014See Blakeney, 946 A.2d at 655-56 . 11 Appellant’s derivative claim, however, that counsel rendered ineffective assistance by failing to protect him from making an invalid waiver of the right to counsel, has not been previously litigated. | 1 | 1 |
Commonwealth v. Tedfordgreen2 sentences2014See Commonwealth v. Simpson, 620 Pa. 60 , 66 A.3d 253, 268 (2013) (citing Commonwealth v. Tedford, 598 Pa. 639 , 960 A.2d 1, 31 (2008) (where underlying substantive claim fails, “ineffectiveness allegations ipso facto lack arguable merit”)). 2014See Commonwealth v. Simpson, 620 Pa. 60 , 66 A.3d 253, 268 (2013) (citing Commonwealth v. Tedford, 598 Pa. 639 , 960 A.2d 1, 31 (2008) (where underlying substantive claim fails, “ineffectiveness allegations ipso facto lack arguable merit”)). | 1 | 1 |
Commonwealth v. Haniblegreen2 sentences2014See Commonwealth v. Hanible, 612 Pa. 183 , 30 A.3d 426, 442 (2011) (noting that Sixth Amendment claim alleging ineffective assistance of counsel raises issue cognizable under PCRA even if underlying ineffectiveness claim has been previously litigated) (citing Commonwealth v. Collins, 585 Pa. 45 , 888 A.2d 564, 573 (2005)). 2014See Commonwealth v. Hanible, 612 Pa. 183 , 30 A.3d 426, 442 (2011) (noting that Sixth Amendment claim alleging ineffective assistance of counsel raises issue cognizable under PCRA even if underlying ineffectiveness claim has been previously litigated) (citing Commonwealth v. Collins, 585 Pa. 45 , 888 A.2d 564, 573 (2005)). | 1 | 1 |
Commonwealth v. Simpsongreen2 sentences2014See Commonwealth v. Simpson, 620 Pa. 60 , 66 A.3d 253, 268 (2013) (citing Commonwealth v. Tedford, 598 Pa. 639 , 960 A.2d 1, 31 (2008) (where underlying substantive claim fails, “ineffectiveness allegations ipso facto lack arguable merit”)). 2014See Commonwealth v. Simpson, 620 Pa. 60 , 66 A.3d 253, 268 (2013) (citing Commonwealth v. Tedford, 598 Pa. 639 , 960 A.2d 1, 31 (2008) (where underlying substantive claim fails, “ineffectiveness allegations ipso facto lack arguable merit”)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Turner v. Hostetler
green
2 sentences2021While the requirement for reformation of the contract in the case of an invalid waiver is dictated by statute (75 Pa.C.S. § 1731(c.1)), the remedy of reformation remains essentially an equitable one: “[A]n action for reformation which calls for the court to use its equitable powers, not to compel performance of the existing contract, but to reform the contractual memorandum to conform to the true intention of the parties…[.]” Turner v. Hosteler, … 518 A.2d 833 [, 836 n.1] (Pa. Super. 1986). 2021While the requirement for reformation of the contract in the case of an invalid waiver is dictated by statute (75 Pa.C.S. § 1731(c.1)), the remedy of reformation remains essentially an equitable one: “[A]n action for reformation which calls for the court to use its equitable powers, not to compel performance of the existing contract, but to reform the contractual memorandum to conform to the true intention of the parties…[.]” Turner v. Hosteler, … 518 A.2d 833 [, 836 n.1] (Pa. Super. 1986). | 2 | 2021–2021 |
Commonwealth v. Johnson
green
2 sentences2016Elaborating on that decision, in Johnson, this Court held: “If the trial court has failed to inform [an] appellant of his right to file a petition to withdraw his plea, as well as the consequences of his failure to do so, an invalid waiver will be conclusively inferred.” Johnson, 392 A.2d at 762 . 1980Commonwealth v. Johnson, 258 Pa.Super. 214 , 392 A.2d 760 (1978); Commonwealth v. Marzik, 255 Pa.Super. 500 , 388 A.2d 340 (1978). | 2 | 1980–2016 |
Railroad Comm'n of Wis. v. Maxcy
green
2 sentences1990See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 , 99 S.Ct. 2319 , 60 L.Ed.2d 920 (1979); Bumper v. North Carolina 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968); Go-Bart Importing Co. v. United States 282 U.S. 344 , 51 S.Ct. 153 , 75 L.Ed. 374 (1931). 1990See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 , 99 S.Ct. 2319 , 60 L.Ed.2d 920 (1979); Bumper v. North Carolina 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968); Go-Bart Importing Co. v. United States 282 U.S. 344 , 51 S.Ct. 153 , 75 L.Ed. 374 (1931). | 2 | 1989–1990 |
Go-Bart Importing Co. v. United States
green
2 sentences1990See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 , 99 S.Ct. 2319 , 60 L.Ed.2d 920 (1979); Bumper v. North Carolina 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968); Go-Bart Importing Co. v. United States 282 U.S. 344 , 51 S.Ct. 153 , 75 L.Ed. 374 (1931). 1990See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 , 99 S.Ct. 2319 , 60 L.Ed.2d 920 (1979); Bumper v. North Carolina 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968); Go-Bart Importing Co. v. United States 282 U.S. 344 , 51 S.Ct. 153 , 75 L.Ed. 374 (1931). | 2 | 1989–1990 |
Bumper v. North Carolina
green
2 sentences1990See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 , 99 S.Ct. 2319 , 60 L.Ed.2d 920 (1979); Bumper v. North Carolina 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968); Go-Bart Importing Co. v. United States 282 U.S. 344 , 51 S.Ct. 153 , 75 L.Ed. 374 (1931). 1990See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319 , 99 S.Ct. 2319 , 60 L.Ed.2d 920 (1979); Bumper v. North Carolina 391 U.S. 543 , 88 S.Ct. 1788 , 20 L.Ed.2d 797 (1968); Go-Bart Importing Co. v. United States 282 U.S. 344 , 51 S.Ct. 153 , 75 L.Ed. 374 (1931). | 2 | 1989–1990 |
Commonwealth v. Marzik
green
2 sentences1980Commonwealth v. Johnson, 258 Pa.Super. 214 , 392 A.2d 760 (1978); Commonwealth v. Marzik, 255 Pa.Super. 500 , 388 A.2d 340 (1978). 1980Commonwealth v. Johnson, 258 Pa.Super. 214 , 392 A.2d 760 (1978); Commonwealth v. Marzik, 255 Pa.Super. 500 , 388 A.2d 340 (1978). | 2 | 1978–1980 |
Palladino v. Palladino
green
2 sentences2004Husband concedes that Wife has not waived her survivorship interest in the plan which needs to be valued and equitably divided pursuant to Palladino v. Palladino, 713 A.2d 676 (Pa.Super.19[9]8). 2004Husband concedes that Wife has not waived her survivorship interest in the plan which needs to be valued and equitably divided pursuant to Palladino v. Palladino, 713 A.2d 676 (Pa.Super.19[9]8). | 1 | 2004–2004 |
Tice v. Nationwide Life Insurance
green
2 sentences1983In Tice v. Nationwide Life Insurance Co., 284 Pa. Superior Ct. 220 , 425 A.2d 782 (1981) (Tice II) we concluded *325 that a judgment of non pros, entered under the invalid rule, "must be stricken, if as here, an appeal was pending when Gonzales was handed down." Id., 268 Pa.Superior at 227, 425 A.2d at 786 . 1983In Tice v. Nationwide Life Insurance Co., 284 Pa. Superior Ct. 220 , 425 A.2d 782 (1981) (Tice II) we concluded *325 that a judgment of non pros, entered under the invalid rule, "must be stricken, if as here, an appeal was pending when Gonzales was handed down." Id., 268 Pa.Superior at 227, 425 A.2d at 786 . | 1 | 1983–1983 |
Strickler v. United Elevator Co. (Inc.)
green
2 sentences1983Graham v. Kutler, 275 Pa.Superior Ct. 188, 418 A.2d 676 (1980) struck a judgment entered pursuant to the invalid rule because appellants had not been served with the proper interlocutory order required in Strickler v. United Elevator Co., 248 Pa.Superior Ct. 258, 375 A.2d 86 (1977). . 1983Graham v. Kutler, 275 Pa.Superior Ct. 188, 418 A.2d 676 (1980) struck a judgment entered pursuant to the invalid rule because appellants had not been served with the proper interlocutory order required in Strickler v. United Elevator Co., 248 Pa.Superior Ct. 258, 375 A.2d 86 (1977). [3] We note that appellee's motion to strike was filed a mere five months after the Tice II decision, leading us to believe that appellee sat on his right until the probability of success appeared ripe. | 1 | 1983–1983 |
Graham v. Kutler
green
2 sentences1983Graham v. Kutler, 275 Pa.Superior Ct. 188, 418 A.2d 676 (1980) struck a judgment entered pursuant to the invalid rule because appellants had not been served with the proper interlocutory order required in Strickler v. United Elevator Co., 248 Pa.Superior Ct. 258, 375 A.2d 86 (1977). . 1983Graham v. Kutler, 275 Pa.Superior Ct. 188, 418 A.2d 676 (1980) struck a judgment entered pursuant to the invalid rule because appellants had not been served with the proper interlocutory order required in Strickler v. United Elevator Co., 248 Pa.Superior Ct. 258, 375 A.2d 86 (1977). [3] We note that appellee's motion to strike was filed a mere five months after the Tice II decision, leading us to believe that appellee sat on his right until the probability of success appeared ripe. | 1 | 1983–1983 |
Commonwealth v. McGarry
neutral
2 sentences1982Commonwealth v. McGarry, 280 Pa.Superi- or Ct. 527, 529 n.2, 421 A.2d 847 , 848 n. 2 (1980) (citing cases). 1982Commonwealth v. McGarry, 280 Pa.Superior Ct. 527, 529 n.2, 421 A.2d 847 , 848 n. 2 (1980) (citing cases). | 1 | 1982–1982 |
Commonwealth ex rel. Robinson v. Myers
green
2 sentences1971Id. at 108-09 , 233 A. 2d at 223 . 1971Id. at 108-09 , 233 A. 2d at 223 . | 1 | 1971–1971 |
Falgiatore v. Falgiatore
green
2 sentences1967Falgiatore v. Falgiatore, 378 Pa. 586 , 107 A. 2d 864 (1954). 1967Falgiatore v. Falgiatore, 378 Pa. 586 , 107 A. 2d 864 (1954). | 1 | 1967–1967 |
Warren Tank Car Co. v. Dodson
green
2 sentences1954But the “forbearance to assert an invalid claim ... by one who has not an honest and reasonable belief in its possible validity” is not sufficient consideration: Restatement, Contracts, §76 (b); Warren Tank Car Company v. Dodson, 330 Pa. 281, 285 , 199 A. 139 . 1954But the “forbearance to assert an invalid claim ... by one who has not an honest and reasonable belief in its possible validity” is not sufficient consideration: Restatement, Contracts, §76 (b); Warren Tank Car Company v. Dodson, 330 Pa. 281, 285 , 199 A. 139 . | 1 | 1954–1954 |
Bagley Co., Inc. v. Cameron
green
2 sentences1939In Bagley Co. v. Cameron, 282 Pa. 84 , 127 A. 311 , it is stated, in effect, that a statute can be saved by sever-ability only if its entirety of thought is not destroyed. 1939In Bagley Co. v. Cameron, 282 Pa. 84 , 127 A. 311 , it is stated, in effect, that a statute can be saved by sever-ability only if its entirety of thought is not destroyed. | 1 | 1939–1939 |
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.