after hearing (Pennsylvania) · Go Syfert
← Pennsylvania issues

after hearing in Pennsylvania

96 Pennsylvania opinions name it 6 courts 1905–2025 13 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 (26)

CaseFollowedCited
Chenot v. A.P. Green Services, Inc.green
pasuperct · 2006 · cited in 13 Pennsylvania opinions naming this issue, 2007–2025
2 sentences

2025We will disturb the trial court's order only upon an error of law or an abuse of discretion. ‘Judicial discretion requires action in conformity with law on facts and circumstances before the trial court after hearing and consideration.’ Chenot, 895 A.2d at 61 (citation omitted).

2024“Judicial discretion requires action in conformity with law on facts and circumstances before the trial court after hearing and consideration.” Chenot, 895 A.2d at 61 (citation omitted).

1113
Weible v. Allied Signal, Inc.green
pasuperct · 2008 · cited in 10 Pennsylvania opinions naming this issue, 2016–2025
2 sentences

2022Judicial discretion requires action in conformity with law based on the facts and circumstances before the trial court after hearing and consideration. -7- J-S29003-21 Weible v. Allied Signal, Inc., 963 A.2d 521, 525 (Pa. Super. 2008) (citation and brackets omitted).

2022Judicial discretion requires action in conformity with law based on the facts and circumstances before the trial court after hearing and consideration. -7- J-S29003-21 Weible v. Allied Signal, Inc., 963 A.2d 521 , 525 (Pa. Super. 2008) (citation and brackets omitted).

1010
Miller v. Sacred Heart Hospitalgreen
pasuperct · 2000 · cited in 8 Pennsylvania opinions naming this issue, 2003–2018
2 sentences

2018Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason.” Miller v. Sacred Heart Hosp., 753 A.2d 829, 832 (Pa.Super.2000) (internal citations omitted).

2018Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason.” Miller v. Sacred Heart Hosp., 753 A.2d 829, 832 (Pa. Super. 2000) (internal citations omitted).

78
Gutteridge v. A.P. Green Services, Inc.green
pasuperct · 2002 · cited in 5 Pennsylvania opinions naming this issue, 2003–2008
2 sentences

2008Gutteridge, 804 A.2d at 651 . (citations omitted) ¶ 6 To withstand a summary judgment motion in an asbestos case, a plaintiff must meet the following standard: In order for liability to attach in a products liability action, plaintiff must establish that the injuries were caused by a product of the particular manufacturer or supplier.

2008Judicial discretion requires action in conformity with law based on the facts and circumstances before the trial court after hearing and consideration. *526 Gutteridge, 804 A.2d at 651 . (citations omitted) ¶ 6 To withstand a summary judgment motion in an asbestos case, a plaintiff must meet the following standard: In order for liability to attach in a products liability action, plaintiff must establish that the injuries were caused by a product of the particular manufacturer or supplier.

35
Tuthill v. Tuthillgreen
pasuperct · 2000 · cited in 4 Pennsylvania opinions naming this issue, 2005–2017
2 sentences

2017Tuthill v. Tuthill, 763 A.2d 417, 419 (Pa.Super. 2000) (en banc), appeal denied, 775 A.2d 808 (Pa. 2001). “[J]udicial discretion” requires action in conformity with law on facts and circumstances before the trial court after hearing and due consideration.

2016“We do not usurp the trial court’s fact-finding function.” Id. (citation omitted). _______________________ (Footnote Continued) divorce decree was filed on June 21, 1994; and the court’s memorandum opinion and order were filed on December 22, 2014. -2- J-A12026-16 “[J]udicial discretion” requires action in conformity with law on facts and circumstances before the trial court after hearing and due consideration.

34
Cresswell v. Pennsylvania National Mutual Casualty Insurancegreen
pasuperct · 2003 · cited in 3 Pennsylvania opinions naming this issue, 2003–2009
2 sentences

2009Cresswell v. Pennsylvania National Mutual Casualty Insurance Co., 820 A.2d 172, 177 (Pa.Super.2003) (citation omitted and emphasis in original). *1177 ¶ 4 The Supreme Court found that Tragarz, supra provides the proper standard in which to evaluate the application of the frequency, regularity, and proximity factors in asbestos litigation.

2007Cresswell, 820 A.2d at 177 (quotation omitted) (emphasis in original). ¶ 17 West American first argues the trial court erred in failing to find the commercial insurance policy at issue excludes coverage for the type of claim made by Ms. Bombar.

33
Lachat v. Hinchliffegreen
pasuperct · 2001 · cited in 3 Pennsylvania opinions naming this issue, 2001–2002
2 sentences

2002Lachat v. Hinchliffe, 769 A.2d 481, 487 (Pa.Super.2001). ¶ 11 Appellant first argues that the trial court erred in making factual and credibility determinations in response to Hercules and Pecora’s motions for summary judgment.

2002Lachat v. Hinchliffe, 2001 PA Super 50 , 769 A.2d 481, 487 (Pa.Super.2001).

33
Day Estategreen
pa · 1974 · cited in 3 Pennsylvania opinions naming this issue, 1975–2006
2 sentences

2006Estate of Day, 455 Pa. at 613 , 317 A.2d at 650 (citing 20 Pa.C.S. § 6102(a)). .

2006Estate of Day, 455 Pa. at 613 , 317 A.2d at 650 (citing 20 Pa.C.S. § 6102(a)). .

23
Commonwealth v. Judygreen
pasuperct · 2009 · cited in 2 Pennsylvania opinions naming this issue, 2015–2018
2 sentences

2018Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason. -4- J-S64019-18 Commonwealth v. Judy, 978 A.2d 1015, 1019 (Pa. Super. 2009) (quoting Commonwealth v. Lettau, 955 A.2d 360, 363 (Pa. Super. 2008) (internal citations and quotations omitted)).

2015Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason. -4- J-S19003-15 Commonwealth v. Judy, 978 A.2d 1015, 1019 (Pa. Super. 2009).

22
Bold v. Boldgreen
pasuperct · 2007 · cited in 2 Pennsylvania opinions naming this issue, 2008–2018
2 sentences

2018See Bold, 939 A.2d at 894–895 (“Judicial discretion requires action in conformity with law on facts and circumstances before the trial court after hearing and consideration.

2008Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason.” Bold v. Bold, 207 Pa.Super. 365 , 939 A.2d 892, 895 (2007). ¶ 10 In this case, Lettau argues that the trial court’s refusal to grant a mistrial allowed impermissible comment on his “pre-arrest silence,” suggesting to the jury that refusal to cooperate fully in a police investigation and to deny the crimes at issue to the investigating officer could be considered as substantive evidence of guilt.

22
Beers v. Beersgreen
pa · 1985 · cited in 2 Pennsylvania opinions naming this issue, 2005–2005
2 sentences

2005In Beers v. Beers, 342 Pa.Super. 465 , 493 A.2d 116, 117-118 (1985), this Court stated “[t]he polestar of any child custody [or visitation] dispute is to reach a decision which serves the ‘best interests’ of the child.

2005In Beers v. Beers, 342 Pa.Super. 465 , 493 A.2d 116, 117-118 (1985), this Court stated “[t]he polestar of any child custody [or visitation] dispute is to reach a decision which serves the ‘best interests’ of the child.

22
In Re Deed of Trust of Rose Hill Cemetery Ass'ngreen
pa · 1991 · cited in 2 Pennsylvania opinions naming this issue, 1997–2000
2 sentences

2000“Judicial discretion requires action in conformity with law on facts and circumstances before the trial court after hearing and consideration.” Id. (quoting In re Rose Hill Cemetery Ass’n, 527 Pa. 211 , 590 A.2d 1, 3 (1991)).

2000“Judicial discretion requires action in conformity with law on facts and circumstances before the trial court after hearing and consideration.” Id. (quoting In re Rose Hill Cemetery Ass’n, 527 Pa. 211 , 590 A.2d 1, 3 (1991)).

22
Eaddy v. Hamatygreen
pasuperct · 1997 · cited in 2 Pennsylvania opinions naming this issue, 2000–2024
2 sentences

2024“Judicial discretion requires action in conformity with law on facts and circumstances before the trial court after hearing and consideration.” Eaddy v. Hamaty, 694 A.2d 639, 643 (Pa. Super. 1997).

2000“Judicial discretion requires action in conformity with law on facts and circumstances before the trial court after hearing and consideration.” Id. (quoting In re Rose Hill Cemetery Ass’n, 527 Pa. 211 , 590 A.2d 1, 3 (1991)).

12
Commonwealth v. Jaynesgreen
pasuperct · 2016 · cited in 2 Pennsylvania opinions naming this issue, 2017–2018
2 sentences

2018Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason.” Id. (citation omitted).

2017Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason. -4- J-S05043-17 Commonwealth v. Jaynes, 135 A.3d 606, 615 (Pa. Super. 2016), appeal denied, 145 A.3d 724 (Pa. 2016) (citation omitted).

12
Neducsin, D. v. Caplan, S.green
pasuperct · 2015 · cited in 2 Pennsylvania opinions naming this issue, 2017–2018
2 sentences

2018See Neducsin, 121 A.3d at 509 . -9- J-A02019-18 conformity with law on facts and circumstances before the trial court after hearing and consideration.

2017Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason.” Neducsin, 121 A.3d at 506 (quoting Miller v. Sacred Heart Hosp., 753 A.2d 829, 832 (Pa. Super. 2000) (internal citations omitted)).

12
Jarl Investments, L.P. v. Fleckgreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason. -7- J-A02004-24 Jarl Investments, L.P. v. Fleck, 937 A.2d 1113, 1121 (Pa. Super. 2007) (citations omitted).

11
Kruis v. McKennagreen
pasuperct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020See Kruis, supra at 327 (providing party seeking relief from non pros entered following failure to appear must offer a reasonable excuse for the absence and a meritorious cause of action); Corrado v. Thomas Jefferson Univ.

11
Commonwealth v. Lambertgreen
pa · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019The record demonstrates that trial counsel did make a pre-trial severance motion in this case, which the Court denied after hearing argument.' Moreover, defendant could not make a cognizable PCRA claim that the Court erred in denying his severance motion since that claim could have, but was not, raised on direct_ appeal. 42 Pa.C.S. § 9544(b) ("an issue is waived if the petitioner could have raised it but failed to do so before trial, at trial, [or] on appeal"); see Commonwealth v. Lambert, 797 A.2d 232, 240 (Pa. I Because the severance issue involved an ongoing homicide investigation, the Cour

11
Commonwealth v. Lettaugreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason. -4- J-S64019-18 Commonwealth v. Judy, 978 A.2d 1015, 1019 (Pa. Super. 2009) (quoting Commonwealth v. Lettau, 955 A.2d 360, 363 (Pa. Super. 2008) (internal citations and quotations omitted)).

11
Mee v. Safeco Insurance Company of Americagreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
11
Wright v. Allied Signal, Inc.green
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2009–2009
11
Fort Cherry School District v. Gedmangreen
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
11
Chepkevich v. Hidden Valley Resort, L.P.green
pasuperct · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
11
Weber v. Lancaster Newspapers, Inc.green
pasuperct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006
11
Paden v. Baker Concrete Construction, Inc.green
pa · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
11
Dauphin County Grand Jury Investigation Proceedingsgreen
pa · 1938 · cited in 1 Pennsylvania opinions naming this issue, 1964–1964
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 (30)

CaseCitedYears
Philadelphia County Grand Jury Investigation Case green
pa · 1943
2 sentences

1997McCain, supra, 379 Pa.Super. at 318 , 549 A.2d at 1313 . “‘[Jjudicial discretion’ requires action in conformity with law on facts and circumstances before the trial court after hearing and consideration.” In re Rose Hill Cemetery Association Dated January 14, 1960, 527 Pa. 211, 216 , 590 A.2d 1, 3 (1991) (quoting In re Philadelphia County Grand Jury, April 1943, 347 Pa. 316 , 32 A.2d 199 (1943)).

1997McCain, supra, 379 Pa.Super. at 318 , 549 A.2d at 1313 . “‘[Jjudicial discretion’ requires action in conformity with law on facts and circumstances before the trial court after hearing and consideration.” In re Rose Hill Cemetery Association Dated January 14, 1960, 527 Pa. 211, 216 , 590 A.2d 1, 3 (1991) (quoting In re Philadelphia County Grand Jury, April 1943, 347 Pa. 316 , 32 A.2d 199 (1943)).

61953–1997
Caro v. Glah green
pasuperct · 2004
2 sentences

2019Caro, supra. Judicial discretion requires action in conformity with law on facts and circumstances before the trial court after hearing and consideration.

2014Caro, supra. Judicial discretion requires action in conformity with law on facts and circumstances before the trial court after hearing and consideration.

52006–2019
Doran v. Doran green
pasuperct · 2003
2 sentences

2007Id.

2007Id.

22007–2007
Potter v. Herman green
pasuperct · 2000
2 sentences

2002Potter, supra. Judicial discretion requires action in conformity with law based on the facts and circumstances before the trial court after hearing and consideration.

2001Potter, supra. Judicial discretion requires action in conformity with law based on the facts and circumstances before the trial court after hearing and consideration.

22001–2002
Osborn v. Bank of United States green
scotus · 1824
2 sentences

1955In Osborn v. U.S. Bank, 9 Wheat. 738, 866 , Chief Justice MARSHALL said: `Judicial power, as contradistinguished from the power of the laws, has no existence.

1955In Osborn v. U. S. Bank, 9 Wheat. 738, 866 , Chief Justice Marshall said: ‘Judicial power, as contradistinguished from the power of the laws, has no existence.

21943–1955
In Re Nomination Petition of Farnese green
pa · 2011
1 sentence

2023Objectors Reply Brief at 29-30. [J-36-2023] - 39 judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or ill-will, as shown by the evidence or the record, discretion is abused.” In re Farnese, 17 A.3d at 367 .

12023–2023
Pittsburgh Construction Co. v. Griffith green
pasuperct · 2003
1 sentence

2022Judicial discretion requires action in conformity with law based on the facts and circumstances before the trial court after hearing and consideration.” Id. (citation omitted). 7 Pursuant to Pennsylvania Rule of Civil Procedure 1035.4: (Footnote Continued Next Page) - 15 - J-A20032-22 Again, Lawyers Funding misstates the trial court’s basis for its decision.

12022–2022
Protz v. Workers' Compensation Appeal Board green
pa · 2017
1 sentence

2022In doing so, Claimant relied upon Protz II, 161 A.3d at 841 , wherein our Supreme Court struck former Section 306(a.2) from the Act for the stated reason that the IRE provisions contained therein violated the non-delegation doctrine of the Pennsylvania Constitution.2 After a hearing, the WCJ granted Claimant’s reinstatement petition and reinstated Claimant’s total disability benefits as of the date of his petition, February 21, 2019.

12022–2022
Stamerro v. Stamerro green
pasuperct · 2005
1 sentence

2019With that in mind, “we must decide whether the trial court committed an error of law or abused its discretion.” Id. (citation omitted). “[J]udicial discretion” requires action in conformity with law on facts and circumstances before the trial court after hearing and due consideration.

12019–2019
National Casualty Co. v. Kinney green
pasuperct · 2014
2 sentences

2018Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason." Id. (quoting Miller v. Sacred Heart Hosp. , 753 A.2d 829 , 832 (Pa. Super. 2000) (internal citations omitted) ).

2018Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason." Kinney , 90 A.3d at 753 (quoting Miller v. Sacred Heart Hosp. , 753 A.2d 829 , 832 (Pa. Super. 2000) ).

12018–2018
Commonwealth v. Giunta green
pa · 2016
1 sentence

2017Consequently, the court abuses its discretion if, in resolving the issue for decision, it misapplies the law or exercises its discretion in a manner lacking reason. -4- J-S05043-17 Commonwealth v. Jaynes, 135 A.3d 606, 615 (Pa. Super. 2016), appeal denied, 145 A.3d 724 (Pa. 2016) (citation omitted).

12017–2017
Devine v. Hutt green
pasuperct · 2004
12016–2016
Commonwealth v. Williams green
pasuperct · 2013
12014–2014
Tragarz v. Keene Corporation green
ca7 · 1993
12009–2009
Campbell v. Eitak, Inc. green
pasuperct · 2006
12006–2006
Martinez v. Baxter green
pasuperct · 1999
12001–2001
McCain v. Pennbank green
pa · 1988
11997–1997
Gorski v. Township of Skippack green
pacommwct · 1975
11981–1981
United States v. Agurs green
scotus · 1976
11977–1977
Falone Appeal neutral
pasuperct · 1975
11975–1975
Curry Appeal green
pa · 1957
11975–1975
Commonwealth v. One 1961 Buick Special Sedan green
pasuperct · 1964
11975–1975
Falcucci Name Case green
pa · 1946
11965–1965
Grand Jury Investigation of Western State Penitentiary green
pasuperct · 1953
11964–1964
Passmore Williamson's Case green
pa · 1855
11931–1931
Commonwealth v. Perkins green
· 1889
11931–1931
Douglass-Whisler Brick Co. v. Simpson green
pa · 1912
11931–1931
Commonwealth ex rel. Greevy v. Reifsteck green
pa · 1921
11931–1931
Ullom v. Hughes neutral
pa · 1903
11912–1912
In re Blumenthal neutral
pa · 1889
11905–1905

Where else courts name it

PA 96 (1905–2025) CA 44 (1912–2026) TX 42 (1925–2018) AL 41 (1849–2025) NY 27 (1926–2024) IL 27 (1869–2024) OK 19 (1904–2010) OH 18 (1996–2026) KS 18 (1930–2026) LA 16 (1935–2022) GA 16 (1924–2024) FL 14 (1919–2018) MO 12 (1911–2024) AK 12 (1979–2021) MI 12 (1912–2024) IN 11 (1916–2016) CT 9 (1903–2026) ND 9 (1996–2018) WA 8 (1929–2025) KY 8 (1908–2024) MD 8 (1936–2015) NJ 8 (1893–2021) NM 7 (1970–2024) DC 7 (1970–1996) OR 6 (1950–2018) VT 6 (1942–2023) NE 6 (1956–2016) NC 5 (1915–2025) UT 5 (1938–2023) MA 5 (1930–1990) VA 4 (1959–2010) RI 4 (1919–2009) CO 4 (1943–2025) AZ 3 (1971–2023) ME 3 (1976–2019) WI 3 (1994–2020) MN 3 (2002–2006) MS 3 (1975–1995) TN 3 (1944–2010) IA 2 (1953–2003) MT 2 (1909–2001) WV 2 (1918–2003)

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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