14 Pennsylvania opinions name it 3 courts 1913–2023 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.
| Case | Followed | Cited |
|---|---|---|
Philadelphia v. Schofieldgreen2 sentences2023See City of Phila. v. Schofield, . . . 31 A. 119, 120 (Pa. 1895). 2017See City of Phila. v. Schofield, 31 A. 119, 120 (Pa. 1895). | 2 | 2 |
Commonwealth v. Storygreen2 sentences2018Story , 383 A.2d at 162 (noting that prior decisions "have not articulated a consistent standard for determining whether error is harmless"). 1983In making this determination we are guided by the standard set forth in Commonwealth v. Story, 5 476 Pa. 391 , 383 A.2d 155 (1978): *421 Although this Court has previously held that an error involving state law may be harmless, our cases have not articulated a consistent standard for determining whether an error is harmless. | 1 | 2 |
Commonwealth v. LaRosagreen1 sentence2018In Story , we adopted the standard of proof for harmlessness announced by *493 the United States Supreme Court for federal constitutional errors in Chapman v. California , 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967) : "an error can be harmless only if the appellate court is convinced beyond a reasonable doubt that the error is harmless." Story , 383 A.2d at 162 ; see also LaRosa , 626 A.2d at 107 -08 . | 1 | 1 |
Stryczek v. Methodist Hospitals, Inc.green2 sentences2010REV. 1253, 1260 (2002) ("The absence of a consistent principle leaves courts open to the accusation that ignoring the adversary process is a political action, where a court reaches out to legislate instead of following judicial norms."). [8] See, e.g., Stryczek v. Methodist Hosps., Inc., 694 N.E.2d 1186, 1189 (Ind.Ct.App. 1998) (reflecting the common-law rule in Indiana that "[i]n an action for [medical] malpractice, whether the defendant used suitable professional skill must generally be proven by expert testimony, that is, other physicians, surgeons, or orthodontists, as the case may be") (c 2010See, e.g., Stryczek v. Methodist Hosps., Inc., 694 N.E.2d 1186, 1189 (Ind.Ct.App.1998) (reflecting the common-law rule in Indiana that "[i]n an action for [medical] malpractice, whether the defendant used suitable professional skill must generally be proven by expert testimony, that is, other physicians, surgeons, or orthodontists, as the case may be”) (citation and quotation marks omitted); Morris v. Children’s Hosp. | 1 | 1 |
Commonwealth v. McBridegreen2 sentences2009See Pa.R.A.P. 1925(c)(3); Commonwealth v. McBride, 957 A.2d 752, 756 (Pa.Super.2008) (“[c]oun-sel’s failure to file a statement as required under Rule 1925 deprived [a]ppellant of meaningful review of his appeal and constitutes per se ineffectiveness”). ¶ 6 In this case, both the Commonwealth and Appellee/cross-Appellant failed to file timely statements pursuant to Rule 1925(b). 2009See Pa.R.A.P. 1925(c)(3); Commonwealth v. McBride, 957 A.2d 752, 756 (Pa.Super.2008) ("[c]ounsel's failure to file a statement as required under Rule 1925 deprived [a]ppellant of meaningful review of his appeal and constitutes per se ineffectiveness"). ¶ 6 In this case, both the Commonwealth and Appellee/cross-Appellant failed to file timely statements pursuant to Rule 1925(b). | 1 | 1 |
Superior Stores Co. v. Pennsylvania Department of Healthgreen1 sentence1994This Court’s “scope of review, regarding an adjudication of [the Examiner] is limited to determining whether petitioner’s constitutional rights were violated, whether errors of law have been committed ..., and whether necessary findings are supported by substantial evidence on the record.” Superior Stores Company v. Pennsylvania Department of Health, Special Supplemental Food Program for Women, Infants and Children, 151 Pa.Commonwealth Ct. 102,106, 616 A.2d 166, 168 (1992). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Global Reinsurance Corp. v. Century Indemnity Co.
green
2 sentences2017Therefore, recognizing “[t]he interpretation of the certificates at issue here is a question of New York Law[,]” the Second Circuit sought guidance from the New York Court of Appeals as to “whether a consistent rule of construction specifically applicable to reinsurance contracts exists[.]” Id. at 127 . 2017Therefore, recognizing “[t]he interpretation of the certificates at issue here is a question of New York Law[,]” the Second Circuit sought guidance from the New York Court of Appeals as to “whether a consistent rule of construction specifically applicable to reinsurance contracts exists!)]” Id. at 127 . | 2 | 2017–2017 |
Commonwealth v. Whiting
green
1 sentence2018This is consistent with the rule’s text which ____________________________________________ 6Commonwealth v. Johnson, 409 A.2d 308 (Pa. 1979); Commonwealth v. Simms, 500 A.2d 801 (Pa. 1985); Commonwealth v. Whiting, 500 A.2d 806 (Pa. 1985). -9- J-A04030-18 specifically adverts to factors beyond the Commonwealth’s control. | 1 | 2018–2018 |
Commonwealth v. Simms
green
1 sentence2018This is consistent with the rule’s text which ____________________________________________ 6Commonwealth v. Johnson, 409 A.2d 308 (Pa. 1979); Commonwealth v. Simms, 500 A.2d 801 (Pa. 1985); Commonwealth v. Whiting, 500 A.2d 806 (Pa. 1985). -9- J-A04030-18 specifically adverts to factors beyond the Commonwealth’s control. | 1 | 2018–2018 |
Chapman v. California
red
2 sentences2018In Story , we adopted the standard of proof for harmlessness announced by *493 the United States Supreme Court for federal constitutional errors in Chapman v. California , 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967) : "an error can be harmless only if the appellate court is convinced beyond a reasonable doubt that the error is harmless." Story , 383 A.2d at 162 ; see also LaRosa , 626 A.2d at 107 -08 . 2018In Story , we adopted the standard of proof for harmlessness announced by *493 the United States Supreme Court for federal constitutional errors in Chapman v. California , 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967) : "an error can be harmless only if the appellate court is convinced beyond a reasonable doubt that the error is harmless." Story , 383 A.2d at 162 ; see also LaRosa , 626 A.2d at 107 -08 . | 1 | 2018–2018 |
Commonwealth v. Johnson
green
1 sentence2018This is consistent with the rule’s text which ____________________________________________ 6Commonwealth v. Johnson, 409 A.2d 308 (Pa. 1979); Commonwealth v. Simms, 500 A.2d 801 (Pa. 1985); Commonwealth v. Whiting, 500 A.2d 806 (Pa. 1985). -9- J-A04030-18 specifically adverts to factors beyond the Commonwealth’s control. | 1 | 2018–2018 |
Commonwealth v. Meadius
green
2 sentences2018Meadius, 870 A.2d at 806 .7 The Meadius Court held that the Commonwealth cannot obtain the benefit of the date of the second complaint “where the serial filing is brought about because the prosecution does not exercise due diligence.” Id. at 808 . 2018Meadius, 870 A.2d at 806 .7 The Meadius Court held that the Commonwealth cannot obtain the benefit of the date of the second complaint “where the serial filing is brought about because the prosecution does not exercise due diligence.” Id. at 808 . | 1 | 2018–2018 |
Excess Insurance v. Factory Mutual Insurance
green
1 sentence2017The Court acknowledged the holding in Excess, supra, which Global argued was controlling, but found the facts of that case were distinguishable. | 1 | 2017–2017 |
Insurance Federation of Pennsylvania, Inc. v. Commonwealth, Insurance Department
green
1 sentence2010Insurance Fed'n of Pa. v. Insurance Dep’t, 929 A.2d 1243 (Pa.Cmwlth.2007). 16 .Section 2503 of the Judicial Code states in part: The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter: (7) Any participant who is awarded counsel fees as a sanction against another participant for dilatory, obdurate or vexatious conduct during the pendency of a matter. (9) Any participant who is awarded counsel fees because the conduct of another party in commencing the matter or otherwise was arbitrary, vexatious or in bad faith. 42 Pa.C.S. § 2503. | 1 | 2010–2010 |
Commonwealth v. Burton
green
2 sentences2009Id. 4 This is consistent with the rule regarding cases where no 1925(b) statement is filed at all. 2009Id. [4] This is consistent with the rule regarding cases where no 1925(b) statement is filed at all. | 1 | 2009–2009 |
Hawley v. Hampton
neutral
2 sentences1979In spite of the foregoing analysis, the supreme court failed to apply a consistent rule to secured interests in pledged personal property when it decided the case of Hawley v. Hampton, 160 Pa. 18 , 28 A. 471 (1894). 1979In spite of the foregoing analysis, the supreme court failed to apply a consistent rule to secured interests in pledged personal property when it decided the case of Hawley v. Hampton, 160 Pa. 18 , 28 A. 471 (1894). | 1 | 1979–1979 |
Lawrence E. Sexton v. Leopold Louis Dreyfus
green
1 sentence1944This is consistent with the rule of bankruptcy that interest shall not be computed beyond the date of the petition and that as of that date “everything stops”: Sexton v. Dreyfus, 219 U. S. 339 . | 1 | 1944–1944 |
A. B. & J. Schaeffer v. Philadelphia & Reading Railroad
neutral
1 sentence1913In Schaeffer v. Railroad Co., 168 Pa. 209 (a live stock case), Mr. Justice Fell states: “As the action was founded upon the common-law liability of a carrier, the burden of proof as to any limitation thereof rested with the defendant, and unless it was admitted or clearly established by proof the question was necessarily for the jury. | 1 | 1913–1913 |
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.