14 Pennsylvania opinions name it 4 courts 1977–2023 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 |
|---|---|---|
Byers v. Wardgreen2 sentences2021The basis of a malicious prosecution claim is for damages incurred to a plaintiff’s person, property, or reputation as a proximate result of “a previous unsuccessful civil or criminal proceeding which was prosecuted without probable cause and with malice.” Byers v. Ward, 84 A.2d 307, 309 (Pa. 1951) (emphasis in original). 1990Byers v. Ward, 368 Pa. 416 , 84 A.2d 307 (1951). | 1 | 2 |
Tomaskevitch v. Specialty Records Corp.green2 sentences2017Manley v. Fitzgerald, 997 A.2d 1235 (Pa. Cmwlth. 2010); Thomaskevitch v. Specialty Records Corp., 717 A.2d 30 (Pa. Cmwlth. 1998). 2016Tomaskevitch v. Specialty Records Corp., 717 A.2d 30, 33 (Pa.Cmwlth. 1998), appeal denied, 740 A.2d 236 (Pa. 1999) (emphasis added).1 The first and third elements of a malicious prosecution claim are easily satisfied, i.e., lack of probable cause and that the criminal proceedings terminated in the plaintiff’s favor. | 1 | 2 |
Wright v. City Of Philadelphiagreen1 sentence2023The trial court then reviewed the prevailing law on this issue in Wright v. City of Philadelphia, 409 F.3d 595, 604 (3d Cir. 2005), that holds “the existence of probable cause as to one charge bars a plaintiff’s malicious prosecution claim entirely.” Trial Court Opinion at 21-22. | 1 | 1 |
Sicola v. First Nat. Bk. of Altoonagreen1 sentence2019Sicola v. First National Bank of Altoona, 170 A.2d 584, 586 (Pa. 1961). | 1 | 1 |
Helen Kane v. The Boc Group, Inc., Third Party v. Quality Foods Co., Third Party the Boc Group, Inc.green1 sentence2002See, e.g., Burgh v. Borough Council of Borough of Montrose, 251 F.3d 465, 474 (3d Cir.2001) (when subject matter- is based on diversity of citizenship, federal court must apply state substantive law to the underlying torts claim); Kane v. BOC Group, Inc., 234 F.3d 160, 162 (3d Cir.2000) (federal courts sitting in diversity must apply substantive law of the pertinent state court); Lippay, supra (in action brought under 42 U.S.C. § 1983 , Third Circuit will apply Pennsylvania substantive law to the underlying malicious prosecution claim when Pennsylvania is the forum state). ¶ 33 The federal Dis | 1 | 1 |
Timothy M. Burgh v. Borough Council of the Borough of Montrose Timothy Burghgreen1 sentence2002See, e.g., Burgh v. Borough Council of Borough of Montrose, 251 F.3d 465, 474 (3d Cir.2001) (when subject matter- is based on diversity of citizenship, federal court must apply state substantive law to the underlying torts claim); Kane v. BOC Group, Inc., 234 F.3d 160, 162 (3d Cir.2000) (federal courts sitting in diversity must apply substantive law of the pertinent state court); Lippay, supra (in action brought under 42 U.S.C. § 1983 , Third Circuit will apply Pennsylvania substantive law to the underlying malicious prosecution claim when Pennsylvania is the forum state). ¶ 33 The federal Dis | 1 | 1 |
Grays Ferry Cogeneration Partnership v. PECO Energy Co.green1 sentence2002Grays Ferry Cogeneration Partnership, 998 F.Supp. at 549 (citations and quotations omitted). | 1 | 1 |
Davis v. Chubb/Pacific Indemnity Groupgreen1 sentence1982Davis v. Chub/Pacific Indemnity Group, 493 F.Supp. 89, 91 (1980). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rosen v. Tesoro Petroleum Corp.
green
2 sentences2018Similarly, in Rosen v. Tesoro Petroleum Corp. , ... 399 Pa.Super. 226 , 582 A.2d 27 ( [Pa. Super.] 1990), the Superior Court ascertained whether a true conflict existed between the laws of Pennsylvania and Texas regarding a malicious prosecution claim. 2018Similarly, in Rosen v. Tesoro Petroleum Corp. , ... 399 Pa.Super. 226 , 582 A.2d 27 ( [Pa. Super.] 1990), the Superior Court ascertained whether a true conflict existed between the laws of Pennsylvania and Texas regarding a malicious prosecution claim. | 2 | 2015–2018 |
Kossler v. Crisanti
green
1 sentence2023The trial court also noted several cases that followed Wright, including Kossler v. Crisanti, 564 F.3d 181 , 194 n.8 (3d Cir. 2009) (en banc), that stated, to the extent Johnson and Wright are in conflict, “‘if one of those two cases must control for purposes of analyzing the probable cause element, it would be Wright, not Johnson, that controls.’” Trial Court Opinion at 22, n.11. | 1 | 2023–2023 |
Nieves v. Bartlett
green
1 sentence2021“To ensure that officers may go about their work without undue apprehension of being sued, we generally review their conduct under objective standards of reasonableness.” Id. at 1725 . | 1 | 2021–2021 |
Manley v. Fitzgerald
green
1 sentence2017Manley v. Fitzgerald, 997 A.2d 1235 (Pa. Cmwlth. 2010); Thomaskevitch v. Specialty Records Corp., 717 A.2d 30 (Pa. Cmwlth. 1998). | 1 | 2017–2017 |
cluster 652883
green
1 sentence2015Id. at 22 (citing Lightning Lube, 4 F.3d at 1196 ). | 1 | 2015–2015 |
Richard M. Lippay v. Dean C. Christos Commonwealth of Pa. Dean C. Christos
green
1 sentence2002See, e.g., Burgh v. Borough Council of Borough of Montrose, 251 F.3d 465, 474 (3d Cir.2001) (when subject matter- is based on diversity of citizenship, federal court must apply state substantive law to the underlying torts claim); Kane v. BOC Group, Inc., 234 F.3d 160, 162 (3d Cir.2000) (federal courts sitting in diversity must apply substantive law of the pertinent state court); Lippay, supra (in action brought under 42 U.S.C. § 1983 , Third Circuit will apply Pennsylvania substantive law to the underlying malicious prosecution claim when Pennsylvania is the forum state). ¶ 33 The federal Dis | 1 | 2002–2002 |
Albright v. Oliver
green
2 sentences2001In Albright v. Oliver, 510 U.S. 266 , 114 S.Ct. 807 , 127 L.Ed.2d 114 (1994), the Supreme Court held that neither substantive due process nor the Fourteenth Amendment provided the "constitutional peg" on which to hang a malicious prosecution claim. 2001In Albright v. Oliver, 510 U.S. 266 , 114 S.Ct. 807 , 127 L.Ed.2d 114 (1994), the Supreme Court held that neither substantive due process nor the Fourteenth Amendment provided the "constitutional peg" on which to hang a malicious prosecution claim. | 1 | 2001–2001 |
Mollan v. Lindner
green
2 sentences1997We now turn to CMef McKibben’s assertion that a mayor of a borough should not be afforded the status of a “high public official” such that the mayor is immune from liability for defamatory statements made within the scope of his or her official duties. 4 In the recent case of Lindner v. Mollan, 544 Pa. 487 , 677 A.2d 1194 (1996), our Supreme Court addressed the issue of whether the doctrine of absolute privilege for high public officials applies to the mayor of a Pennsylva-Ma borough. 1997We now turn to CMef McKibben’s assertion that a mayor of a borough should not be afforded the status of a “high public official” such that the mayor is immune from liability for defamatory statements made within the scope of his or her official duties. 4 In the recent case of Lindner v. Mollan, 544 Pa. 487 , 677 A.2d 1194 (1996), our Supreme Court addressed the issue of whether the doctrine of absolute privilege for high public officials applies to the mayor of a Pennsylva-Ma borough. | 1 | 1997–1997 |
Knapp Engraving Co. v. Keystone Photo Engraving Corp.
green
2 sentences1977However, in Knapp Engraving Co. v. Keystone Photo Engraving Corp., 1 A.D.2d 170 , 148 N.Y.S.2d 635 (1956), Justice Botein said, at pages 637-638: ‘While [defendant] alleges that plaintiff’s instant action is baseless and invalid and brought in order to inflict intentional damage without justification, considerations of public policy require that this counterclaim be dismissed at this time. * * * Such a cause of action lowers the dam for a second mainstream of evidence, with its own bundle of facts and law, its own burden of proof and measure of damages, and might impede or divert the progress 1977However, in Knapp Engraving Co. v. Keystone Photo Engraving Corp., 1 A.D.2d 170 , 148 N.Y.S.2d 635 (1956), Justice Botein said, at pages 637-638: ‘While [defendant] alleges that plaintiff’s instant action is baseless and invalid and brought in order to inflict intentional damage without justification, considerations of public policy require that this counterclaim be dismissed at this time. * * * Such a cause of action lowers the dam for a second mainstream of evidence, with its own bundle of facts and law, its own burden of proof and measure of damages, and might impede or divert the progress | 1 | 1977–1977 |
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.
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.