uncertain privilege (Pennsylvania) · Go Syfert
← Pennsylvania issues

uncertain privilege in Pennsylvania

13 Pennsylvania opinions name it 5 courts 1786–2021 1 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 (6)

CaseFollowedCited
Jaffee v. Redmondgreen
scotus · 1996 · cited in 3 Pennsylvania opinions naming this issue, 2006–2021
2 sentences

2021See Upjohn, 449 U.S. at 393 (“An uncertain privilege . . . is little better than no privilege at all.”); accord Jaffee v. Redmond, 518 U.S. 1, 18 (1996); Ziegler, 200 A.3d at 80 .

2020An uncertain privilege … is little better than no privilege at all.’” Id. at 11 (quoting Jaffee v. Redmond, 518 U.S. 1, 17 (1996) (internal citation omitted)).

23
Upjohn Co. v. United Statesgreen
scotus · 1981 · cited in 4 Pennsylvania opinions naming this issue, 2006–2021
2 sentences

2021See Upjohn, 449 U.S. at 393 (“An uncertain privilege . . . is little better than no privilege at all.”); accord Jaffee v. Redmond, 518 U.S. 1, 18 (1996); Ziegler, 200 A.3d at 80 .

2013An uncertain privilege ... is little better than no privilege at all.” Upjohn, 449 U.S. at 393 , 101 S.Ct. 677 .

14
Levy v. Senate of Pennsylvaniagreen
pa · 2013 · cited in 2 Pennsylvania opinions naming this issue, 2015–2018
2 sentences

2018Levy v. Senate of Pennsylvania , 619 Pa. 586 , 65 A.3d 361 , 371 (2013).

2018Levy v. Senate of Pennsylvania , 619 Pa. 586 , 65 A.3d 361 , 371 (2013).

12
Pittsburgh History & Landmarks Found. v. Zieglergreen
pa · 2019 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021See Upjohn, 449 U.S. at 393 (“An uncertain privilege . . . is little better than no privilege at all.”); accord Jaffee v. Redmond, 518 U.S. 1, 18 (1996); Ziegler, 200 A.3d at 80 .

11
Commonwealth v. Storygreen
pa · 1978 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020In its brief, the Commonwealth argues that this Court, when adopting the validity of judicial employment of harmless error analysis, recognized that such practice could “denigrate the interests and policies which both constitutional and non-constitutional rules promote.” Commonwealth Brief at 12 (quoting Commonwealth v. Story, 383 A.2d 155, 164 (Pa. 1978)).

11
In Re Claus Von Bulow, Martha Von Bulow, by Her Next Friends Alexander Auersperg, and Annie Laurie Auersperg-Kneissl v. Claus Von Bulowgreen
ca2 · 1987 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011Co., 32 F.3d 851, 863 (3d Cir.1994) ("If we intend to serve the interests of justice by encouraging consultation with counsel free from the apprehension of disclosure, then courts must work to apply the privilege in ways that are predictable and certain. 'An uncertain privilege-or one which purports to be certain, but rests in widely varying applications by the courts-is little better than no privilege.’ ” (quoting In re von Bulow, 828 F.2d 94, 100 (2d Cir.1987))).

2011Co., 32 F.3d 851, 863 (3d Cir.1994) ("If we intend to serve the interests of justice by encouraging consultation with counsel free from the apprehension of disclosure, then courts must work to apply the privilege in ways that are predictable and certain. `An uncertain privilege-or one which purports to be certain, but rests in widely varying applications by the courts-is little better than no privilege.'" (quoting In re von Bulow, 828 F.2d 94, 100 (2d Cir.1987))).

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 (6)

CaseCitedYears
In Re: Vencil, N. Appeal of: PA State Police green
pa · 2017
1 sentence

2020An uncertain privilege … is little better than no privilege at all.’” Id. at 11 (quoting Jaffee v. Redmond, 518 U.S. 1, 17 (1996) (internal citation omitted)).

12020–2020
President of the Bank of Columbia v. Hagner green
scotus · 1828
2 sentences

1979Bank of Columbia v. Hagner, supra, 26 U.S. at 465 .

1979The contrary rule would lead to endless difficulties, if in every case it must be referred to a jury to consider whether the act was done within a reasonable time; and the precise contract of the parties would be avoided in order to introduce an uncertain rule, which would lead to endless litigation . . .'" Bank of Columbia v. Hagner, supra, 26 U.S. at 465 .

11979–1979
Minkin v. Minkin green
pa · 1938
1 sentence

1953I have said “uncertain rule” because in Minkin v. Minkin, supra, page 52, the court, speaking of the death statute, said:, “The legislation was a declaration of public policy on the subject and necessarily displaced any policy to the contrary, if, in fact, it existed.” ' In Dunlevy v. The Butler County National Bank, Admr., et al., 64 D. & C. 535, President Judge Laird holds that an unemancipated minor may not maintain an action of trespass for injuries sustained in an automobile accident' against his parent or his parent’s estate.

11953–1953
Moss's Appeal green
pa · 1877
1 sentence

1913In Earp’s Appeal, the value taken seems to have been the market value of the shares, but that is not to be regarded as the exclusive test; for, in Moss’s App., 83 Pa. 264 , in speaking of market values of stock as affecting the determination of the question, it was said (p. 270): “The fallacy of this theory consists in the fact of estimating the 140 shares, not at their actual value at the time of the transaction, but at their market value, three years afterwards. 'A more uncertain rule could not well be imagined.

11913–1913
Good v. Good neutral
pa · 1836
1 sentence

1901Good, 5 Watts, 116; Penna; R.

11901–1901
Hay v. Node neutral
pa · 1800
1 sentence

1786In Hilliard v. Greenleaf, 2 Yeates 534 ; it was stated by the counsel arguendo, that in the case of one Benezet, who had been discharged by the bankrupt act in Pennsylvania, the coui'ts .of New Jersey held his person to he exempted from execution.

11786–1786

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 5928 (5) PA § 42 Pa. Cons. Stat. § 5916 (4)

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.

Where else courts name it

PA 13 (1786–2021) CA 8 (1940–2019) GA 6 (1980–2022) WA 5 (2016–2026) FL 4 (1991–2018) NY 4 (1959–2016) TX 3 (2006–2025) WI 3 (1936–2016) IL 3 (1980–2009) MA 3 (2006–2013) KY 2 (2010–2010) OH 2 (1986–2022) CO 2 (1985–2001) IA 2 (2006–2006) WV 2 (1924–1995) DE 2 (1990–2009) AZ 2 (2019–2022)

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.

← Caselaw search · G Cite Topics · Brief Check