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.
| Case | Followed | Cited |
|---|---|---|
Chenot v. A.P. Green Services, Inc.green2 sentences2025We 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). | 11 | 13 |
Weible v. Allied Signal, Inc.green2 sentences2022Judicial 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). | 10 | 10 |
Miller v. Sacred Heart Hospitalgreen2 sentences2018Consequently, 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). | 7 | 8 |
Gutteridge v. A.P. Green Services, Inc.green2 sentences2008Gutteridge, 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. | 3 | 5 |
Tuthill v. Tuthillgreen2 sentences2017Tuthill 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. | 3 | 4 |
Cresswell v. Pennsylvania National Mutual Casualty Insurancegreen2 sentences2009Cresswell 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. | 3 | 3 |
Lachat v. Hinchliffegreen2 sentences2002Lachat 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). | 3 | 3 |
Day Estategreen2 sentences2006Estate 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)). . | 2 | 3 |
Commonwealth v. Judygreen2 sentences2018Consequently, 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). | 2 | 2 |
Bold v. Boldgreen2 sentences2018See 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. | 2 | 2 |
Beers v. Beersgreen2 sentences2005In 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. | 2 | 2 |
In Re Deed of Trust of Rose Hill Cemetery Ass'ngreen2 sentences2000“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)). | 2 | 2 |
Eaddy v. Hamatygreen2 sentences2024“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)). | 1 | 2 |
Commonwealth v. Jaynesgreen2 sentences2018Consequently, 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). | 1 | 2 |
Neducsin, D. v. Caplan, S.green2 sentences2018See 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)). | 1 | 2 |
Jarl Investments, L.P. v. Fleckgreen1 sentence2024Consequently, 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). | 1 | 1 |
Kruis v. McKennagreen1 sentence2020See 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. | 1 | 1 |
Commonwealth v. Lambertgreen1 sentence2019The 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 | 1 | 1 |
Commonwealth v. Lettaugreen1 sentence2018Consequently, 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)). | 1 | 1 |
| Mee v. Safeco Insurance Company of Americagreen | 1 | 1 |
| Wright v. Allied Signal, Inc.green | 1 | 1 |
| Fort Cherry School District v. Gedmangreen | 1 | 1 |
| Chepkevich v. Hidden Valley Resort, L.P.green | 1 | 1 |
| Weber v. Lancaster Newspapers, Inc.green | 1 | 1 |
| Paden v. Baker Concrete Construction, Inc.green | 1 | 1 |
| Dauphin County Grand Jury Investigation Proceedingsgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Philadelphia County Grand Jury Investigation Case
green
2 sentences1997McCain, 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)). | 6 | 1953–1997 |
Caro v. Glah
green
2 sentences2019Caro, 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. | 5 | 2006–2019 |
Doran v. Doran
green
2 sentences2007Id. 2007Id. | 2 | 2007–2007 |
Potter v. Herman
green
2 sentences2002Potter, 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. | 2 | 2001–2002 |
Osborn v. Bank of United States
green
2 sentences1955In 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. | 2 | 1943–1955 |
In Re Nomination Petition of Farnese
green
1 sentence2023Objectors 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 . | 1 | 2023–2023 |
Pittsburgh Construction Co. v. Griffith
green
1 sentence2022Judicial 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. | 1 | 2022–2022 |
Protz v. Workers' Compensation Appeal Board
green
1 sentence2022In 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. | 1 | 2022–2022 |
Stamerro v. Stamerro
green
1 sentence2019With 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. | 1 | 2019–2019 |
National Casualty Co. v. Kinney
green
2 sentences2018Consequently, 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) ). | 1 | 2018–2018 |
Commonwealth v. Giunta
green
1 sentence2017Consequently, 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). | 1 | 2017–2017 |
| Devine v. Hutt green | 1 | 2016–2016 |
| Commonwealth v. Williams green | 1 | 2014–2014 |
| Tragarz v. Keene Corporation green | 1 | 2009–2009 |
| Campbell v. Eitak, Inc. green | 1 | 2006–2006 |
| Martinez v. Baxter green | 1 | 2001–2001 |
| McCain v. Pennbank green | 1 | 1997–1997 |
| Gorski v. Township of Skippack green | 1 | 1981–1981 |
| United States v. Agurs green | 1 | 1977–1977 |
| Falone Appeal neutral | 1 | 1975–1975 |
| Curry Appeal green | 1 | 1975–1975 |
| Commonwealth v. One 1961 Buick Special Sedan green | 1 | 1975–1975 |
| Falcucci Name Case green | 1 | 1965–1965 |
| Grand Jury Investigation of Western State Penitentiary green | 1 | 1964–1964 |
| Passmore Williamson's Case green | 1 | 1931–1931 |
| Commonwealth v. Perkins green | 1 | 1931–1931 |
| Douglass-Whisler Brick Co. v. Simpson green | 1 | 1931–1931 |
| Commonwealth ex rel. Greevy v. Reifsteck green | 1 | 1931–1931 |
| Ullom v. Hughes neutral | 1 | 1912–1912 |
| In re Blumenthal neutral | 1 | 1905–1905 |
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.