judicially created doctrine in Pennsylvania

2018By way of brief background, in response to our Court's 1973 abrogation of the judicially-created doctrine of governmental immunity in Ayala v. Philadelphia Board of Education , 453 Pa. 584 , 305 A.2d 877 (1973), the legislature enacted, inter alia , the Act, which provides for governmental immunity against damages due to injury to a person or property caused by acts of a local agency, except as provided therein.

2018By way of brief background, in response to our Court's 1973 abrogation of the judicially-created doctrine of governmental immunity in Ayala v. Philadelphia Board of Education , 453 Pa. 584 , 305 A.2d 877 (1973), the legislature enacted, inter alia , the Act, which provides for governmental immunity against damages due to injury to a person or property caused by acts of a local agency, except as provided therein.

2024See Est[.] of Bell, . . . 343 A.2d 679, 681 ([Pa.] 1975).

2021See Estate of Bell, 463 Pa. 109, 113 , 343 A.2d 679, 681 (1975).

2006"The matter of preemption, is a judicially created principle, based on the proposition that a municipality, as an agent of the state, cannot act contrary to the state." Duff v. Twp. of Northampton, 110 Pa.Cmwlth. 277 , 532 A.2d 500, 503 (1987), aff'd per curiam, 520 Pa. 79 , 550 A.2d 1319 (1988).

2006"The matter of preemption, is a judicially created principle, based on the proposition that a municipality, as an agent of the state, cannot act contrary to the state." Duff v. Twp. of Northampton, 110 Pa.Cmwlth. 277 , 532 A.2d 500, 503 (1987), aff'd per curiam, 520 Pa. 79 , 550 A.2d 1319 (1988).

2020Nevertheless, the Court explained that since “the independent source doctrine lies outside the terms of the Pennsylvania Constitution, the embellishments of Mason and Melendez represented a form of prophylactic judicial lawmaking[.]” Id.; see also Mason, 637 A.2d at 255 (“It is axiomatic, of course, that once a judicially created rule is promulgated, the common law system requires that appellate courts consider this rule in its various factual guises and expand or contract the rule as justice requires.”).

2020As such, the Court determined it was free “to consider whether the broader pronouncements made there are as sensibly applied elsewhere, as new fact patterns are presented diverging from those before the Court in Mason and Melendez.” Id.; see id. (“the experience with broadly stated prophylactic rules often has been that they cannot be sustained on their original terms”).

2024J-A18014-23 namely, the “prospective adoptive parent exception.” See In the Interest of M.R.F., III, 182 A.3d 1050, 1055-56 (Pa. Super. 2018).

2024J-A18014-23 namely, the “prospective adoptive parent exception.” See In the Interest of M.R.F., III, 182 A.3d 1050, 1055-56 (Pa. Super. 2018).

2024Empire Sanitary Landfill, Inc. v. Department of Environmental Resources, 684 A.2d 1047, 1053 (Pa. 1996).

2004Empire Sanitary Landfill, Inc. v. Department of Environmental Resources, 546 Pa. 315, 329 , 684 A.2d 1047, 1053 (1996).

2022Receipt of Course Materials by Mail The doctrine of ripeness “is a judicially-created principle which mandates the presence of an actual controversy.” Bayada Nurses, Inc. v. Dep’t of Lab. & Indus., 8 A.3d 866, 874 (Pa. 2010).

2016The doctrine of ripeness “is a judicially-created principle which mandates the presence of an actual controversy.” Bayada Nurses, Inc. v. Department of Labor and Industry, 8 A.3d 866, 874 (Pa. 2010).

2021Hartman v. City of Allentown, 880 A.2d 737, 747 (Pa. Cmwlth. 2005). “[E]ven in areas over which municipalities may have been granted the power to act, the state may bar local governing bodies from legislating in a particular field.” Hoffman Mining Company, Inc. v. Zoning Hearing Board of Adams Township, Cambria County, 32 A.3d 587, 593 (Pa. 2011).

2006"In other words, a municipality may be foreclosed from exercising police power it would otherwise have if the Commonwealth has sufficiently acted in a particular field." Hartman v. City of Allentown, 880 A.2d 737, 747 (Pa.Cmwlth.2005).

2019Court, the “primary caretaker doctrine,” was a judicially created doctrine that held that “where two natural parents are both fit, and the child is of tender years, the trial court must give positive consideration to the parent who has been the primary caretaker.” M.J.M., 63 A.3d at 337 (citations and emphasis omitted).

2019See e.g., M.J.M., supra at 339 (“[T]o the extent the trial court finds it necessary to explicitly consider [a judicially-created doctrine], it is free to do so under subsection (a)(16).”). - 12 - J-A11013-19 As we stated in Yates v. Yates, 963 A.2d 535, 542 (Pa.Super.2008), four factors exist in the determination of whether to award shared custody: “(1) whether both parents are fit, capable of making reasonable child rearing decisions, and willing and able to provide love and care for their children; (2) whether [they] evidence a continuing desire for active involvement in the child’s life; (3

2016Order affirmed. 4 Where “[a]ctual possession is proven by showing ... [that the] controlled substance [was] found on the [defendant’s] person,” constructive possession is proven by demonstrating a defendant’s “ability to exercise a conscious dominion over the illegal substance: the power to control the contraband and the intent to exercise that control. … It is a judicially created doctrine ... [that] enables law enforcement officials to prosecute individuals in situations where the inference of possession is strong, yet actual possession at the time of arrest cannot be shown.” Commonwealth v.

2016Commonwealth v. Vargas, 108 A.3d 858, 868 (Pa. Super. 2014).

2006Id., 664 A.2d at 1023-24 . 2 .

2006Id., 664 A.2d at 1023-24 . 2 .

1999See generally City of Philadelphia II, 504 Pa. at 324 , 473 A.2d at 1003 (stating that “[i]t would be cavalier to assume that a judicially created rule of thumb would be preferable to a ease-by-case judgment by the agency vested with the superintendence of the area”); Bell Atlantic-Pa., Inc. v. Pennsylvania PUC, 672 A.2d 352, 355 (1995)(“in assessing the costs in rail-highway crossing cases, the Commission is not limited to any fixed rule but takes all relevant factors into consideration, with the fundamental requirement being that its order be just and reasonable” (citing Greene Twp.

1999See generally City of Philadelphia II, 504 Pa. at 324 , 473 A.2d at 1003 (stating that “[i]t would be cavalier to assume that a judicially created rule of thumb would be preferable to a ease-by-case judgment by the agency vested with the superintendence of the area”); Bell Atlantic-Pa., Inc. v. Pennsylvania PUC, 672 A.2d 352, 355 (1995)(“in assessing the costs in rail-highway crossing cases, the Commission is not limited to any fixed rule but takes all relevant factors into consideration, with the fundamental requirement being that its order be just and reasonable” (citing Greene Twp.

2023Off. of the Governor v. Donahue, 7 98 A.3d 1223, 1229 (Pa. 2014).

2022The judicially- created doctrine of “equitable reimbursement” only becomes an option “where the existing marital assets, if equitably distributed, would be insufficient to compensate the payee spouse for his or her contribution to the marriage.” Johnson v. Johnson, 864 A.2d 1224, 1230 (Pa. Super. 2004).

2022See Johnson, 864 A.2d at 1229 (“The concept of ‘equitable reimbursement’ is a judicially-created doctrine where a payor spouse pays installment payments to the payee spouse …”).

2021Hartman v. City of Allentown, 880 A.2d 737, 747 (Pa. Cmwlth. 2005). “[E]ven in areas over which municipalities may have been granted the power to act, the state may bar local governing bodies from legislating in a particular field.” Hoffman Mining Company, Inc. v. Zoning Hearing Board of Adams Township, Cambria County, 32 A.3d 587, 593 (Pa. 2011).

2020Holding Stockton to his litigation position in this case, namely his concession that “under no circumstances” could a PCRA court “grant the requested relief,” Smock, 436 A.2d at 617 (plurality), I concur in the Court’s decision to affirm the Commonwealth Court’s order.

2019See 42 Pa.C.S.A. § 5524; see also Nicolaou, supra. As the trial court explained: In Pennsylvania, the discovery rule is a judicially created exception that tolls the applicable statute of limitations when an injury or its cause was not known or reasonably knowable.

2019See e.g., M.J.M., supra at 339 (“[T]o the extent the trial court finds it necessary to explicitly consider [a judicially-created doctrine], it is free to do so under subsection (a)(16).”). - 12 - J-A11013-19 As we stated in Yates v. Yates, 963 A.2d 535, 542 (Pa.Super.2008), four factors exist in the determination of whether to award shared custody: “(1) whether both parents are fit, capable of making reasonable child rearing decisions, and willing and able to provide love and care for their children; (2) whether [they] evidence a continuing desire for active involvement in the child’s life; (3

2019See e.g., M.J.M., supra at 339 (“[T]o the extent the trial court finds it necessary to explicitly consider [a judicially-created doctrine], it is free to do so under subsection (a)(16).”). - 12 - J-A11013-19 As we stated in Yates v. Yates, 963 A.2d 535, 542 (Pa.Super.2008), four factors exist in the determination of whether to award shared custody: “(1) whether both parents are fit, capable of making reasonable child rearing decisions, and willing and able to provide love and care for their children; (2) whether [they] evidence a continuing desire for active involvement in the child’s life; (3

2018If the injured party could not ascertain he was injured and by what cause within the limitations period, 'despite the exercise of reasonable diligence,' then the discovery rule is appropriate." Nicolaou v. Martin, 153 A.3d 383, 389 (Pa. Super. 2016) (quoting Simon v. Wyeth Pharm, Inc., 989 A.2d 356, 365 (Pa. Super. 2009)).

2018If the injured party could not ascertain he was injured and by what cause within the limitations period, 'despite the exercise of reasonable diligence,' then the discovery rule is appropriate." Nicolaou v. Martin, 153 A.3d 383, 389 (Pa. Super. 2016) (quoting Simon v. Wyeth Pharm, Inc., 989 A.2d 356, 365 (Pa. Super. 2009)).

2017See id. at 1156 n.10. 7 .

2017See generally Martin, 576 Pa. at 599-600 , 840 A.2d at 305 (elaborating upon some of the shortcomings of Gaito).1 Although there are instances in the past in which the Court has adhered to per se rules even in circumstances that were not anticipated, it has also explained that: It is axiomatic, of course, that once a judicially created rule is promulgated, the common law system requires that appellate courts consider this rule in its various factual guises and expand or contract the rule as justice requires.

2017See generally Martin, 576 Pa. at 599-600 , 840 A.2d at 305 (elaborating upon some of the shortcomings of Gaito).1 Although there are instances in the past in which the Court has adhered to per se rules even in circumstances that were not anticipated, it has also explained that: It is axiomatic, of course, that once a judicially created rule is promulgated, the common law system requires that appellate courts consider this rule in its various factual guises and expand or contract the rule as justice requires.