violated rule (Pennsylvania) · Go Syfert
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violated rule in Pennsylvania

15 Pennsylvania opinions name it 3 courts 1914–2020 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.

Followed or applied (7)

CaseFollowedCited
Nanty-Glo Boro. v. American Surety Co.green
pa · 1932 · cited in 3 Pennsylvania opinions naming this issue, 2014–2019
2 sentences

2019Orders affirmed. ____________________________________________ 2 With respect to Appellant’s argument against Second Nature that the trial court violated the rule established in Borough of Nanty-Glo v. American Surety Co. of New York, 309 Pa. 236 , 163 A. 523 (1932), the record shows the court did not rely solely on oral testimony from Second Nature’s witnesses.

2019Orders affirmed. ____________________________________________ 2 With respect to Appellant’s argument against Second Nature that the trial court violated the rule established in Borough of Nanty-Glo v. American Surety Co. of New York, 309 Pa. 236 , 163 A. 523 (1932), the record shows the court did not rely solely on oral testimony from Second Nature’s witnesses.

13
Jacob v. Shultz-Jacobgreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020The doctrine of equitable estoppel is one of “fundamental fairness, designed to preclude a party from depriving another of a reasonable expectation when the party inducing the expectation albeit gratuitously knew or should have known that the other would rely on that conduct to his detriment.” Jacob v. Shultz-Jacob, 923 A.2d 473, 480 (Pa. Super. 2007) (citation omitted).

11
In Re TJgreen
pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014See, e.g., In Re Estate of S.G.L., 885 A.2d 73, 74 (Pa. Super. 2005); see also In re T.J., 739 A.2d 478, 481-83 (Pa. 1999). -8- J-A27035-14 … When [J.E.O.’s] absence from the [review hearing] is coupled with the facts that only a review of the taped hearing was performed, without a true hearing before the [Orphans’] Court and without a record being made, it is clear that [J.E.O.] was denied due process of law. [See In Re Estate of] S.G.L., supra [(where the appellant raised a due process challenge concerning the Orphans’ Court’s failure to conduct a proper de novo hearing (i.e., to review the

11
In re Estate of S.G.L.green
pasuperct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
2 sentences

2014See, e.g., In Re Estate of S.G.L., 885 A.2d 73, 74 (Pa. Super. 2005); see also In re T.J., 739 A.2d 478, 481-83 (Pa. 1999). -8- J-A27035-14 … When [J.E.O.’s] absence from the [review hearing] is coupled with the facts that only a review of the taped hearing was performed, without a true hearing before the [Orphans’] Court and without a record being made, it is clear that [J.E.O.] was denied due process of law. [See In Re Estate of] S.G.L., supra [(where the appellant raised a due process challenge concerning the Orphans’ Court’s failure to conduct a proper de novo hearing (i.e., to review the

2014See, e.g., In Re Estate of S.G.L., 885 A.2d 73, 74 (Pa. Super. 2005); see also In re T.J., 739 A.2d 478, 481-83 (Pa. 1999). -8- J-A27035-14 … When [J.E.O.’s] absence from the [review hearing] is coupled with the facts that only a review of the taped hearing was performed, without a true hearing before the [Orphans’] Court and without a record being made, it is clear that [J.E.O.] was denied due process of law. [See In Re Estate of] S.G.L., supra [(where the appellant raised a due process challenge concerning the Orphans’ Court’s failure to conduct a proper de novo hearing (i.e., to review the

11
Ario v. Reliance Insurancegreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011“The law of the case doctrine sets forth various rules that embody the concept that a court involved in the later phases of a litigated matter should not reopen questions decided by another judge of that same court or by a higher court in the earlier phases of the matter.” Ario v. Reliance Insurance Co., 602 Pa. 490 , 980 A.2d 588, 597 (2009).

2011“The law of the case doctrine sets forth various rules that embody the concept that a court involved in the later phases of a litigated matter should not reopen questions decided by another judge of that same court or by a higher court in the earlier phases of the matter.” Ario v. Reliance Insurance Co., 602 Pa. 490 , 980 A.2d 588, 597 (2009).

11
Commonwealth v. Starrgreen
pa · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
2 sentences

2002The question of the scope of the release and its effect on the medical malpractice litigation is not before us; we have not reviewed the Superior Court's resolution of this question and do not disturb its holding. [1] In addition, as I believe that Goldey 's "change in facts" exception applies, I would not resort to reliance on the purported "manifest injustice" exception to the coordinate jurisdiction rule, which is questionably grounded in dicta in Commonwealth v. Starr, 541 Pa. 564 , 664 A.2d 1326, 1332 (1995).

2002The question of the scope of the release and its effect on the medical malpractice litigation is not before us; we have not reviewed the Superior Court's resolution of this question and do not disturb its holding. [1] In addition, as I believe that Goldey 's "change in facts" exception applies, I would not resort to reliance on the purported "manifest injustice" exception to the coordinate jurisdiction rule, which is questionably grounded in dicta in Commonwealth v. Starr, 541 Pa. 564 , 664 A.2d 1326, 1332 (1995).

11
Commonwealth v. Singletarygreen
pa · 1978 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
2 sentences

1991See, Commonwealth v. Singletary, 478 Pa. 610 , 387 A.2d 656 (1978).

1991See, Commonwealth v. Singletary, 478 Pa. 610 , 387 A.2d 656 (1978).

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 (12)

CaseCitedYears
Lineberger v. Wyeth green
pasuperct · 2006
1 sentence

2017Id.

12017–2017
Commonwealth v. Cole green
pa · 2005
1 sentence

2010According to Appellant, the prosecutor should have been forced to challenge for cause to secure the removal. *443 The trial court rejected Appellant’s position based on Chmiel, 585 Pa. at 547 , 889 A.2d at 501 .

12010–2010
Commonwealth v. Tedford green
pa · 2008
2 sentences

2010See 42 Pa.C.S. § 9711(a)(2); Commonwealth v. Bedford, 598 Pa. 639 , 706 n. 28, 960 A.2d 1 , 40 n. 28 (2008).

2010See 42 Pa.C.S. § 9711(a)(2); Commonwealth v. Bedford, 598 Pa. 639 , 706 n. 28, 960 A.2d 1 , 40 n. 28 (2008).

12010–2010
Commonwealth v. Chmiel green
pa · 2005
1 sentence

2010According to Appellant, the prosecutor should have been forced to challenge for cause to secure the removal. *443 The trial court rejected Appellant’s position based on Chmiel, 585 Pa. at 547 , 889 A.2d at 501 .

12010–2010
Mohn v. Hahnemann Medical College & Hospital green
pa · 1986
2 sentences

1989Appellant contends that the court violated the rule of Mohn v. Hahnemann Medical College and Hospital, 357 Pa.Super. 173, 515 A.2d 920 (1986), in permitting this testimony and, more *349 over, was not evenhanded in its treatment of appellant when its counsel cross-examined appellee’s expert witness as to the same subject.

1989Appellant contends that the court violated the rule of Mohn v. Hahnemann Medical College and Hospital, 357 Pa.Super. 173, 515 A.2d 920 (1986), in permitting this testimony and, more *349 over, was not evenhanded in its treatment of appellant when its counsel cross-examined appellee’s expert witness as to the same subject.

11989–1989
Witherspoon v. Illinois green
scotus · 1968
2 sentences

1986Specifically, Appellant claims that the court violated the standard set forth in Witherspoon v. Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968), which established a rule of law that limited venirepersons who could be excluded from a jury considering the death penalty to the following: Nothing we say today bears upon the power of a State to execute a defendant sentenced to death by a jury from which the only veniremen who were in fact excluded for cause were those who made unmistakably clear (1) that they would automatically vote against the imposition of capital punishment witho

1986Specifically, Appellant claims that the court violated the standard set forth in Witherspoon v. Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968), which established a rule of law that limited venirepersons who could be excluded from a jury considering the death penalty to the following: Nothing we say today bears upon the power of a State to execute a defendant sentenced to death by a jury from which the only veniremen who were in fact excluded for cause were those who made unmistakably clear (1) that they would automatically vote against the imposition of capital punishment witho

11986–1986
Armit v. Loveland green
ca3 · 1940
1 sentence

1957It is immaterial to the question of negligence whether the violated standard is established by statute or by the common law so long as it is established by either: Armit v. Loveland, 115 F. 2d 308 .

11957–1957
Goldberg v. Friedrich green
pa · 1924
1 sentence

1957“The original statement placed the claim in a class governed by certain laws, and, whether statutory or common, it was not incumbent on plaintiff to further plead the particular law violated”: Goldberg v. Friedrich, 279 Pa. 572, 576 .

11957–1957
Brennan's Estate neutral
pa · 1870
1 sentence

1914The court clearly violated its rule, Ap., p. 13 by receiving and considering a petition after the argument, not filed until more than six weeks after the time specified by the rule: Knoblauch’s License, 28 Pa. Superior Ct. 323 ; Brennen’s Estate, 65 Pa. 16 ; Gann v. Fritz, 79 Pa. 303 ; Todd v. Insurance Co., 9 Pa. Superior Ct. 371 .

11914–1914
Gannon v. Fritz neutral
pa · 1875
1 sentence

1914The court clearly violated its rule, Ap., p. 13 by receiving and considering a petition after the argument, not filed until more than six weeks after the time specified by the rule: Knoblauch’s License, 28 Pa. Superior Ct. 323 ; Brennen’s Estate, 65 Pa. 16 ; Gann v. Fritz, 79 Pa. 303 ; Todd v. Insurance Co., 9 Pa. Superior Ct. 371 .

11914–1914
Todd v. Quaker City Mutual Fire Insurance neutral
pasuperct · 1899
1 sentence

1914The court clearly violated its rule, Ap., p. 13 by receiving and considering a petition after the argument, not filed until more than six weeks after the time specified by the rule: Knoblauch’s License, 28 Pa. Superior Ct. 323 ; Brennen’s Estate, 65 Pa. 16 ; Gann v. Fritz, 79 Pa. 303 ; Todd v. Insurance Co., 9 Pa. Superior Ct. 371 .

11914–1914
Knoblauch's License green
pasuperct · 1905
1 sentence

1914The court clearly violated its rule, Ap., p. 13 by receiving and considering a petition after the argument, not filed until more than six weeks after the time specified by the rule: Knoblauch’s License, 28 Pa. Superior Ct. 323 ; Brennen’s Estate, 65 Pa. 16 ; Gann v. Fritz, 79 Pa. 303 ; Todd v. Insurance Co., 9 Pa. Superior Ct. 371 .

11914–1914

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9711 (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 44 (1924–2025) MI 21 (1937–2024) TX 19 (1977–2019) FL 17 (1960–2026) PA 15 (1914–2020) OH 13 (1985–2026) IN 11 (1898–2019) IL 11 (1976–2023) NY 10 (1909–2019) UT 9 (1998–2025) TN 8 (1971–2017) MS 5 (1990–2003) AZ 5 (1967–2016) VA 5 (1967–2026) NC 5 (1915–2003) AL 5 (1985–2000) GA 5 (1982–2016) KY 4 (1941–2023) WA 4 (2008–2026) NH 4 (1984–2016) OR 4 (2009–2025) KS 3 (1914–2006) MO 3 (1949–1985) NM 3 (1969–1977) OK 3 (1968–1996) MD 2 (1998–2010) WV 2 (1997–2014) LA 2 (1976–1997) AK 2 (1966–1987) IA 2 (1978–2024) WY 2 (1986–2012) MT 2 (1984–1994) CO 2 (2016–2016)

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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