13 Pennsylvania opinions name it 3 courts 1986–2024 3 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 |
|---|---|---|
Oz Gas, Ltd. v. Warren Area School Districtgreen2 sentences2024Oz Gas, 938 A.2d at 282-83 . 7 Act of May 21, 1943, P.L. 349, as amended, 72 P.S. §§5566b-5566c. [J-20-2024] [MO: Wecht, J.] - 7 This Court also conducted a Chevron analysis, which we reasoned supported prospective application. 2024Although the United States Supreme Court in Chevron seemed to treat the first factor as a threshold question, 39 Pennsylvania case law makes clear that all three Chevron factors are relevant to the retroactivity inquiry. 40 Indeed, this Court has stressed 36 Id. at 447 . 37 Oz Gas, 938 A.2d at 282 . 38 Gen. | 3 | 6 |
Blackwell v. Com. State Ethics Com'ngreen2 sentences2024Motors, 265 A.3d at 373 n.17 (“As we find the first factor to control this analysis, we do not speak to the second and third Chevron factors.”). 39 Chevron Oil, 404 U.S. at 106 (“First, the decision to be applied nonretroactively must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied or by deciding an issue of first impression whose resolution was not clearly foreshadowed.” (internal citations omitted)). 40 See Blackwell v. Pa. State Ethics Comm’n, 589 A.2d 1094, 1101 (Pa. 1991) (concluding that the decision at issue did not announce 2024Motors, 265 A.3d at 373 n.17 (“As we find the first factor to control this analysis, we do not speak to the second and third Chevron factors.”). 39 Chevron Oil, 404 U.S. at 106 (“First, the decision to be applied nonretroactively must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied or by deciding an issue of first impression whose resolution was not clearly foreshadowed.” (internal citations omitted)). 40 See Blackwell v. Pa. State Ethics Comm’n, 589 A.2d 1094, 1101 (Pa. 1991) (concluding that the decision at issue did not announce | 2 | 2 |
Schreiber v. Republic Intermodal Corp.green2 sentences1986See Schreiber v. Republic Intermodal Corp., 473 Pa. 614, 622 , 375 A.2d 1285, 1289 (1977); Baker v. Aetna Casualty and Surety Co., supra, 309 Pa.Superior Ct. at 89 n. 9, 454 A.2d at 1096 n. 9. 1986See Schreiber v. Republic Intermodal Corp., 473 Pa. 614, 622 , 375 A.2d 1285, 1289 (1977); Baker v. Aetna Casualty and Surety Co., supra, 309 Pa.Superior Ct. at 89 n. 9, 454 A.2d at 1096 n. 9. | 2 | 2 |
Chevron Oil Co. v. Husonred2 sentences2024Motors, 265 A.3d at 373 n.17 (“As we find the first factor to control this analysis, we do not speak to the second and third Chevron factors.”). 39 Chevron Oil, 404 U.S. at 106 (“First, the decision to be applied nonretroactively must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied or by deciding an issue of first impression whose resolution was not clearly foreshadowed.” (internal citations omitted)). 40 See Blackwell v. Pa. State Ethics Comm’n, 589 A.2d 1094, 1101 (Pa. 1991) (concluding that the decision at issue did not announce 2024Motors, 265 A.3d at 373 n.17 (“As we find the first factor to control this analysis, we do not speak to the second and third Chevron factors.”). 39 Chevron Oil, 404 U.S. at 106 (“First, the decision to be applied nonretroactively must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied or by deciding an issue of first impression whose resolution was not clearly foreshadowed.” (internal citations omitted)). 40 See Blackwell v. Pa. State Ethics Comm’n, 589 A.2d 1094, 1101 (Pa. 1991) (concluding that the decision at issue did not announce | 1 | 2 |
American Trucking Assns., Inc. v. Smithgreen2 sentences2019Id. at 179-82 . 2019Id. at 179-82 . | 1 | 2 |
Great Northern Railway Co. v. Sunburst Oil & Refining Co.green2 sentences2024The Supreme Court conducted a Chevron analysis and refused to apply Scheiner retroactively, however, finding that Scheiner constituted a new rule of law by overruling prior precedent, retroactive application would not further the purpose of the Commerce Clause or the holding of Scheiner, and substantial inequity 4 See Great N. Co. v. Sunburst Oil & Refining Co., 287 U.S. 358, 364 (1932) (“A state in defining the limits of adherence to precedent may make a choice for itself between the principle of forward operation and that of relation backward.”). 5 U.S. Const. art. 2024The Supreme Court conducted a Chevron analysis and refused to apply Scheiner retroactively, however, finding that Scheiner constituted a new rule of law by overruling prior precedent, retroactive application would not further the purpose of the Commerce Clause or the holding of Scheiner, and substantial inequity 4 See Great N. Co. v. Sunburst Oil & Refining Co., 287 U.S. 358, 364 (1932) (“A state in defining the limits of adherence to precedent may make a choice for itself between the principle of forward operation and that of relation backward.”). 5 U.S. Const. art. | 1 | 1 |
Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.red2 sentences2002Accordingly, we turn to the second prong of the Chevron test: are the Regulations, insofar as they do not burden a PHA with having to make such a showing before it may terminate assistance, a “permissible construction of the statute.” Chevron, 467 U.S. at 843 , 104 S.Ct. 2778 . 2002Accordingly, we turn to the second prong of the Chevron test: are the Regulations, insofar as they do not burden a PHA with having to make such a showing before it may terminate assistance, a “permissible construction of the statute.” Chevron, 467 U.S. at 843 , 104 S.Ct. 2778 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Baker v. Aetna Casualty & Surety Co.
green
2 sentences1986See Schreiber v. Republic Intermodal Corp., 473 Pa. 614, 622 , 375 A.2d 1285, 1289 (1977); Baker v. Aetna Casualty and Surety Co., supra, 309 Pa.Superior Ct. at 89 n. 9, 454 A.2d at 1096 n. 9. 1986See Schreiber v. Republic Intermodal Corp., 473 Pa. 614, 622 , 375 A.2d 1285, 1289 (1977); Baker v. Aetna Casualty and Surety Co., supra, 309 Pa.Superior Ct. at 89 n. 9, 454 A.2d at 1096 n. 9. | 2 | 1986–1986 |
Harper v. Virginia Department of Taxation
green
2 sentences2024Thus, even though the high Court in Harper v. Virginia Department of Taxation, 509 U.S. 86 (1993), may have abandoned the Chevron test in holding that decisions announcing a rule of federal law automatically applied retroactively to cases pending before it, the Court did not purport to overrule its Sunburst decision. 2024Thus, even though the high Court in Harper v. Virginia Department of Taxation, 509 U.S. 86 (1993), may have abandoned the Chevron test in holding that decisions announcing a rule of federal law automatically applied retroactively to cases pending before it, the Court did not purport to overrule its Sunburst decision. | 1 | 2024–2024 |
American Trucking Associations v. McNulty
green
1 sentence2024Rather than tackle Harper head on, the Majority dismisses it out of hand under the sunburst doctrine. 4 Instead, the Majority leans into American Trucking Associations, Inc. v. McNulty, 596 A.2d 784 (Pa. 1991) (McNulty), and Oz Gas, both of which predate Harper, and applies the since-rejected Chevron test to deny relief to Alcatel. | 1 | 2024–2024 |
Mount Airy 1, LLC v. Pennsylvania Department of Revenue
green
2 sentences2024Mount Airy, 154 A.3d at 280 n.11; see Gen. 2024Mount Airy, 154 A.3d at 280 n.11; see Gen. | 1 | 2024–2024 |
Smiley v. Citibank (South Dakota), N. A.
green
2 sentences2020This point is significant insofar as the Chevron doctrine is [J-12-2020] [MO: Dougherty, J.] - 10 rooted in a background presumption of congressional intent: namely, “that Congress, when it left ambiguity in a statute” administered by an agency, “understood that the ambiguity would be resolved, first and foremost, by the agency, and desired the agency (rather than the courts) to possess whatever degree of discretion the ambiguity allows.” Smiley v. Citibank (South Dakota), N. A., 517 U.S. 735 , 740–741, 116 S.Ct. 1730 , 135 L.Ed.2d 25 (1996). 2020This point is significant insofar as the Chevron doctrine is [J-12-2020] [MO: Dougherty, J.] - 10 rooted in a background presumption of congressional intent: namely, “that Congress, when it left ambiguity in a statute” administered by an agency, “understood that the ambiguity would be resolved, first and foremost, by the agency, and desired the agency (rather than the courts) to possess whatever degree of discretion the ambiguity allows.” Smiley v. Citibank (South Dakota), N. A., 517 U.S. 735 , 740–741, 116 S.Ct. 1730 , 135 L.Ed.2d 25 (1996). | 1 | 2020–2020 |
Herder Spring Hunting Club v. Keller, Aplts
green
2 sentences2016The Herder Spring Court reiterated the “need to protect taxing authorities’ reliance on oil and gas taxes,” and concurred in the Oz Gas trial court’s prediction that "[r]etroactive application of IOGA would, in effect, invalidate each of those tax sales, perhaps leading prior owners to seek return of the properties lost to those tax sales." Herder Spring, supra at n.15 (quoting Oz Gas at 279 ). 2016The Herder Spring Court reiterated the “need to protect taxing authorities’ reliance on oil and gas taxes,” and concurred in the Oz Gas trial court’s prediction that "[r]etroactive application of IOGA would, in effect, invalidate each of those tax sales, perhaps leading prior owners to seek return of the properties lost to those tax sales." Herder Spring, supra at n.15 (quoting Oz Gas at 279 ). | 1 | 2016–2016 |
Barnhart v. Walton
green
2 sentences2013Complicating the analysis, the United States Supreme Court has, at times, applied Chevron deference to interpretive rules based upon a series of factors including "the interstitial nature of the legal question, the related expertise of the Agency, the importance of the question to administration of the statute, the complexity of that administration, and the careful consideration the Agency has given the question over a long period of time[.]” Barnhart v. Walton, 535 U.S. 212, 222 , 122 S.Ct. 1265, 1272 , 152 L.Ed.2d 330 (2002). . 2013Complicating the analysis, the United States Supreme Court has, at times, applied Chevron deference to interpretive rules based upon a series of factors including "the interstitial nature of the legal question, the related expertise of the Agency, the importance of the question to administration of the statute, the complexity of that administration, and the careful consideration the Agency has given the question over a long period of time[.]” Barnhart v. Walton, 535 U.S. 212, 222 , 122 S.Ct. 1265, 1272 , 152 L.Ed.2d 330 (2002). . | 1 | 2013–2013 |
Kendrick v. DA OF PHILADELPHIA COUNTY
green
2 sentences2007We are aware that, following briefing and argument in this matter, this Court recently decided Kendrick v. District Attorney of Philadelphia County, 591 Pa. 157 , 916 A.2d 529 (2007), which also addressed retroactivity in the context of statutory interpretation. 2007We are aware that, following briefing and argument in this matter, this Court recently decided Kendrick v. District Attorney of Philadelphia County, 591 Pa. 157 , 916 A.2d 529 (2007), which also addressed retroactivity in the context of statutory interpretation. | 1 | 2007–2007 |
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.