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13 Pennsylvania opinions name it 3 courts 2015–2026 11 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 |
|---|---|---|
In re Activision Blizzard, Inc.green1 sentence2026See Phillips, 86 A.3d at 919 . - 30 - J-E01004-25 The record reflects that the jury was provided with sufficient evidence to determine whether the successor corporation’s acquisition of the product line in question resulted in the virtual destruction of the Burnleys’ remedies against IAT, as the original manufacturer. | 1 | 1 |
Koller Concrete, Inc. v. Tube City IMS, LLCgreen2 sentences2025Cf. Koller Concrete, Inc. v. Tube City IMS, LLC, 115 A.3d 312, 321 (Pa. Super. 2015) (“[Appellant’s] argument does not attack the sufficiency of [appellee’s] evidence, but rather the weight the jury should have ascribed to [appellee’s] evidence. [Appellant] is asking this Court to ‘invade the province of the jury,’ and that is not a basis for JNOV.”). 2025Cf. Koller Concrete, Inc. v. Tube City IMS, LLC, 115 A.3d 312, 321 (Pa. Super. 2015) (“[Appellant’s] argument does not attack the sufficiency of [appellee’s] evidence, but rather the weight the jury should have ascribed to [appellee’s] evidence. [Appellant] is asking this Court to ‘invade the province of the jury,’ and that is not a basis for JNOV.”). | 1 | 1 |
Mercantile Library Co. v. Fidelity Trust Co.green2 sentences2024Further, Appellant relies on Mercantile Library Co. of Philadelphia v. Fidelity Trust Co., 235 Pa. 5, 15 , 83 A. 592, 595 (1912), for the proposition that “the owner of land, who grants a right of way over it, conveys nothing but the right of passage, and reserves all incidents of ownership not granted.” Appellant maintains that the court disregarded the relevant case law in finding that Appellees possessed an exclusive easement. 2024Further, Appellant relies on Mercantile Library Co. of Philadelphia v. Fidelity Trust Co., 235 Pa. 5, 15 , 83 A. 592, 595 (1912), for the proposition that “the owner of land, who grants a right of way over it, conveys nothing but the right of passage, and reserves all incidents of ownership not granted.” Appellant maintains that the court disregarded the relevant case law in finding that Appellees possessed an exclusive easement. | 1 | 1 |
Mazzie, W. v. Lehigh Valley Hospitalgreen1 sentence2024See Mazzie v. Lehigh Valley Hosp.- Muhlenberg, 257 A.3d 80, 87 (Pa. Super. 2021) (providing that “[t]o preserve the right to request a JNOV post-trial, a litigant must first request a binding charge to the jury or move for a directed verdict or a compulsory non- suit at trial”). - 13 - J-A24043-24 on: the sufficiency and weight of the evidence; the trial court’s refusal to charge the jury on comparative negligence; the admission of Husband’s and Uncle’s hearsay testimony about Dr. Michaelson statements to them; and the preclusion of Dr. Montgomery’s testimony about the rate of blood flow in a | 1 | 1 |
Coulter v. Ramsdengreen1 sentence2024See Coulter v. Ramsden, 94 A.3d 1080, 1088-89 (Pa.Super. 2014), appeal denied, 631 Pa. 719 , 110 A.3d 998 (2014) (explaining arguments that are not appropriately developed on appeal are waived). | 1 | 1 |
Ruff, T. v. York Hospitalgreen2 sentences2023The jury heard the defense view of what [York] did in order to oversee patient safety, and the jury was free to draw its own conclusions, which are fully supported by the evidence in the case, that [York] was not negligent. * * * With regard to the duty to oversee all persons who practice medicine, again, the jury was free to accept or reject the defense testimony that the policies that were in effect were designed to do that, and the jury obviously rejected [appellant’s] theory or accepted the defense expert testimony on that issue. - 17 - J-E02003-23 Id. at 50-51.4 Because there was sufficie 2023The jury heard the defense view of what [York] did in order to oversee patient safety, and the jury was free to draw its own conclusions, which are fully supported by the evidence in the case, that [York] was not negligent. * * * With regard to the duty to oversee all persons who practice medicine, again, the jury was free to accept or reject the defense testimony that the policies that were in effect were designed to do that, and the jury obviously rejected [appellant’s] theory or accepted the defense expert testimony on that issue. - 17 - J-E02003-23 Id. at 50-51 .4 Because there was suffici | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kimble, R. v. Laser Spine Institute, LLC
green
2 sentences2025However, a “party moving for JNOV must have preserved during trial the claim on which it predicates its JNOV motion.” Kimble v. Laser Spine Institute, LLC, 264 A.3d 782 , 792 (Pa. Super. 2021), citing Pa.R.C.P. 227.1(b). 2025“A party moving for JNOV must have preserved during trial the claim on which it predicates its JNOV motion.” Kimble v. Laser Spine Inst., LLC, 264 A.3d 782 , 792 (Pa.Super. 2021) (en banc) (citing Pa.R.C.P. 227.1(b)). “[T]o preserve the right to request a JNOV post-trial, a litigant must first request a binding charge to the jury or move for a directed verdict or a compulsory non-suit at trial. | 2 | 2025–2025 |
Wag-Myr Woodlands Homeowners Ass'n v. Guiswite
green
1 sentence2026Instantly, because the trial court did not find waiver and addressed the Waldmans’ JNOV claim on its merits, we decline to find waiver.24 See Wag- Myr Woodlands, 197 A.3d at 1250 n.10. | 1 | 2026–2026 |
Neshaminy School District v. Neshaminy Federation of Teachers
green
2 sentences2025Id. 9 that the JNOV standard is the same as the essence test7 and awards thereunder can be reviewed notwithstanding an agreement providing that the award is final and binding upon the parties.8 In addition, he argues that the arbitrator’s award should not be enforced because it contravenes public policy.9 Soberick’s arguments pertaining to PERA are without merit. 2025Id. 9 that the JNOV standard is the same as the essence test7 and awards thereunder can be reviewed notwithstanding an agreement providing that the award is final and binding upon the parties.8 In addition, he argues that the arbitrator’s award should not be enforced because it contravenes public policy.9 Soberick’s arguments pertaining to PERA are without merit. | 1 | 2025–2025 |
Corvin, J. v. Tihansky, D.
green
1 sentence2023However, given our analysis supra, we find it unnecessary to address these arguments. - 63 - J-A10039-23 See Corvin v. Tihansky, 184 A.3d 986 (Pa.Super. 2018) (discussing JNOV and weight claims). | 1 | 2023–2023 |
Stewart v. Ray
green
2 sentences2020AutoZone relies on Stewart v. Ray, 76 A.2d 628 (Pa. 1950), to argue that because cross-examination on Wilson’s deposition testimony was the last word regarding when he saw the spill, that version of events should control for the purposes of its JNOV claim. 2020In Stewart, our Supreme Court recognized the “settled principle that where a witness has testified to two different versions or has made inconsistent and contradictory statements and is confronted with that contradiction, his final statement is the one which controls.” Id. at 632 . | 1 | 2020–2020 |
Mitzelfelt v. Kamrin
green
1 sentence2015Specifically, the evidence presented at trial on behalf of plaintiff was insufficient to prove any breach of duty on Geller’s part.” (emphasis in original) In Sutherland v. Monogahela Valley Hospital, 856 A.2d 55 (Pa. Superior Ct. 2004), the Superior Court considered the proof required to present a cause of action in medical negligence, citing Mitzelfelt v. Kamrin, 584 A.2d 888 (Pa. 1990); Montgomery v. South Philadelphia Medical Group, Inc., 656 A.2d 1385 (Pa. Superior Ct. 1995). | 1 | 2015–2015 |
Sutherland v. Monongahela Valley Hospital
green
1 sentence2015Specifically, the evidence presented at trial on behalf of plaintiff was insufficient to prove any breach of duty on Geller’s part.” (emphasis in original) In Sutherland v. Monogahela Valley Hospital, 856 A.2d 55 (Pa. Superior Ct. 2004), the Superior Court considered the proof required to present a cause of action in medical negligence, citing Mitzelfelt v. Kamrin, 584 A.2d 888 (Pa. 1990); Montgomery v. South Philadelphia Medical Group, Inc., 656 A.2d 1385 (Pa. Superior Ct. 1995). | 1 | 2015–2015 |
Montgomery v. South Philadelphia Medical Group, Inc.
green
1 sentence2015Specifically, the evidence presented at trial on behalf of plaintiff was insufficient to prove any breach of duty on Geller’s part.” (emphasis in original) In Sutherland v. Monogahela Valley Hospital, 856 A.2d 55 (Pa. Superior Ct. 2004), the Superior Court considered the proof required to present a cause of action in medical negligence, citing Mitzelfelt v. Kamrin, 584 A.2d 888 (Pa. 1990); Montgomery v. South Philadelphia Medical Group, Inc., 656 A.2d 1385 (Pa. Superior Ct. 1995). | 1 | 2015–2015 |
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.