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14 Pennsylvania opinions name it 9 courts 1912–2012 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 |
|---|---|---|
Haegele v. Pennsylvania General Insurancegreen2 sentences2006Co., 330 Pa.Super. 481 , 479 A.2d 1005, 1008 (1984) (reiterating that pursuant to Section 7317, an application to the court shall follow regular petition rules). 2006Co., 330 Pa.Super. 481 , 479 A.2d 1005, 1008 (1984) (reiterating that pursuant to Section 7317, an application to the court shall follow regular petition rules). | 1 | 1 |
Prima Paint Corp. v. Flood & Conklin Mfg. Co.green2 sentences2005Rather, as stated in the FAA, only when the making of the clause itself is in issue is the arbitration provision rendered ineffective. 9 U.S.C. §§2-4 ; Prima Paint, 388 U.S. at 403-404 , 87 S.Ct. 1801 . 2005Rather, as stated in the FAA, only when the making of the clause itself is in issue is the arbitration provision rendered ineffective. 9 U.S.C. §§2-4 ; Prima Paint, 388 U.S. at 403-404 , 87 S.Ct. 1801 . | 1 | 1 |
STRAFF v. NATIONWIDE MUT. F. INS. CO.green2 sentences1981While local procedural rules are “an absolute essential to the orderly administration of justice and the smooth and efficient operation of the judicial process,” Straff v. Nationwide Mutual Fire Insurance Co., 230 Pa.Super. 403, 407 , 326 A.2d 586, 587 (1974), it is well settled that the court making the rule has broad power to suspend or disregard the rule to prevent an injustice. 1981While local procedural rules are “an absolute essential to the orderly administration of justice and the smooth and efficient operation of the judicial process,” Straff v. Nationwide Mutual Fire Insurance Co., 230 Pa.Super. 403, 407 , 326 A.2d 586, 587 (1974), it is well settled that the court making the rule has broad power to suspend or disregard the rule to prevent an injustice. | 1 | 1 |
McFadden v. Pennzoil Companygreen2 sentences1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases). 1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases). | 1 | 1 |
Perelman v. Yeadon Borough Board of Adjustmentgreen1 sentence1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon | 1 | 1 |
Compher v. Comphergreen1 sentence1930See Compher v. Compher et al., 25 Pa. 31 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cope v. INSURANCE COM'R OF COM.
green
1 sentence2012Finally, Appellant regards the Commonwealth Court’s present decision as inconsistent with its prior one in Cope , where the court indicated that “[r]eeeiving a bare writ of summons ... does not by itself provide notice that a claim is eligible for Section 715 coverage because it does not contain information that would enable a health care provider to make that determination.” Cope, 955 A.2d at 1050 . | 1 | 2012–2012 |
Stokes Estate
green
2 sentences1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases). 1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases). | 1 | 1981–1981 |
Werts v. Luzerne Borough Authority
green
2 sentences1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases). 1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases). | 1 | 1981–1981 |
Caples v. Klugman
green
2 sentences1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases). 1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases). | 1 | 1981–1981 |
Hesselgesser v. Glen-Craft Contractors, Inc.
green
2 sentences1981It said: “Accordingly, although Rule 302(d) is silent as to the procedure to be followed after a sanction has been imposed, we believe that the Montgomery County Court of Common Pleas would vacate an order imposing a sanction if the noncomplying party, by timely petition, offered a reasonable excuse for its failure to file a brief within the prescrt’s refusal to excuse noncompliance constituted an abuse of discretion, its decision would be reversed on appeal.” Id., 287 Pa.Super. 319 , 430 A.2d 305 . 1981It said: “Accordingly, although Rule 302(d) is silent as to the procedure to be followed after a sanction has been imposed, we believe that the Montgomery County Court of Common Pleas would vacate an order imposing a sanction if the noncomplying party, by timely petition, offered a reasonable excuse for its failure to file a brief within the prescrt’s refusal to excuse noncompliance constituted an abuse of discretion, its decision would be reversed on appeal.” Id., 287 Pa.Super. 319 , 430 A.2d 305 . | 1 | 1981–1981 |
Ross Appeal
green
2 sentences1977We find the reasoning of the companion cases of Hess v. Westerwick, 366 Pa. 90 , 76 A. 2d 745 (1950), and Ross Appeal, 366 Pa. 100 , 76 A. 2d 749 (1950), to be the basis for the above amendment and, therefore, illustrative to its intent. 1977We find the reasoning of the companion cases of Hess v. Westerwick, 366 Pa. 90 , 76 A. 2d 745 (1950), and Ross Appeal, 366 Pa. 100 , 76 A. 2d 749 (1950), to be the basis for the above amendment and, therefore, illustrative to its intent. | 1 | 1977–1977 |
Hess v. Westerwick
green
2 sentences1977We find the reasoning of the companion cases of Hess v. Westerwick, 366 Pa. 90 , 76 A. 2d 745 (1950), and Ross Appeal, 366 Pa. 100 , 76 A. 2d 749 (1950), to be the basis for the above amendment and, therefore, illustrative to its intent. 1977We find the reasoning of the companion cases of Hess v. Westerwick, 366 Pa. 90 , 76 A. 2d 745 (1950), and Ross Appeal, 366 Pa. 100 , 76 A. 2d 749 (1950), to be the basis for the above amendment and, therefore, illustrative to its intent. | 1 | 1977–1977 |
Whelan v. MacK
green
1 sentence1964In Whelan v. Mack, 190 Superior Ct. 40, 151 A. 2d 797 (1959), the Superior Court affirmed the order of the lower court making a rule to open a default judgment absolute. | 1 | 1964–1964 |
Shinn v. Stemler
green
1 sentence1957“In Shinn v. Stemler, 159 Pa. Superior Ct. 129 , which was an appeal by defendant from the order of the court making the rule absolute for citation for the possession of real estate, the court said at p. 130: ‘The question presented is whether that appeal nevertheless acted as a supersedeas. | 1 | 1957–1957 |
Overbrook Farms Club v. Philadelphia Zoning Board of Adjustment
green
1 sentence1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon | 1 | 1950–1950 |
Floersheim Appeal
green
1 sentence1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon | 1 | 1950–1950 |
Berman Et Ux. v. Exley
neutral
1 sentence1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon | 1 | 1950–1950 |
Jennings' Appeal
green
1 sentence1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon | 1 | 1950–1950 |
Elkins Park Improvement Ass'n Zoning Case
green
1 sentence1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon | 1 | 1950–1950 |
Liggett's Petition
green
1 sentence1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon | 1 | 1950–1950 |
Reininger Zoning Case
green
1 sentence1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon | 1 | 1950–1950 |
Lamberton National Bank v. Kineston
green
1 sentence1941Notice to the sheriff seems to be sufficient and that was given in this case: Lamberton National Bank v. Kineston, 114 Pa. Superior Ct. 365 . | 1 | 1941–1941 |
Eberly v. Springfield Fire & Marine Insurance
neutral
1 sentence1933Co., 51 Pa. Superior Ct. 474, 479 , we said: “Ordinarily the wishes of the local agent in such matters ought not to affect the actions of the insured because the latter would have no right to assume that a mere local agent had any authority to deal with such matters. ’ ’ The making of such a waiver was not within the apparent scope of the duties of a local agent who was authorized to issue and countersign policies of insurance, and there was not a scintilla of evidence as to any course of conduct by the local agents, Lawrence & Sterling, from which such authority could be inferred. | 1 | 1933–1933 |
O'Neil v. Am. Fire Ins.
green
1 sentence1927It grounded its opinion on the case of O’Neil v. Insurance Co., 166 Pa. 72 , in which it is held that the legislature cannot delegate its power and that it alone must exercise legislative power; that the “law must be complete in all its terms and provisions when it leaves the legislative branch of the government, and that nothing must be submitted to the judgment of the electors, or other appointees, except an option to become or not to become subject to its requirements and penalties.” The O’Neil case concerns the making of a standard fire insurance policy by the Insurance Commissioner of the | 1 | 1927–1927 |
Kennedy's Petition
neutral
1 sentence1912In Kennedy’s Petition, 19 Pa. Superior Ct. 482 , we held, reversing the court below, that the rule should have been made absolute, and remitted the record with direction to enter siich order and to give judgment against the respondent unless, within thirty days from the making of the rule absolute, she should have brought her action. | 1 | 1912–1912 |
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.