absence of an express waiver in Pennsylvania

11 Pennsylvania opinions name it 4 courts 1912–2026 2 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 (2)

Case	Followed	Cited
Commonwealth v. Heilmangreen pasuperct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026 1 sentence 2026See Heilman, 876 A.2d at 1027 (“[A] tacit or implied waiver of a constitutional right is simply insufficient. . . .	1	1
Minnesota v. Murphygreen scotus · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2010–2010 2 sentences 2010The Court reasoned accordingly that as the appellant was only “informed that he was required to be truthful with his probation officer in all matters and that failure to do so could result in revocation of probation,” it was “hesitant to read into the truthfulness requirement an additional obligation that [the appellant] refrain from raising legitimate objections to furnishing information that might lead to his conviction for another crime.” Id. at 436, 437 , 104 S.Ct. 1136 . ¶ 19 In the absence of an express warning to the probationer that he need not disclose information concerning crimes ot 2010See id. at 438 , 104 S.Ct. 1136 (“Our decisions have made clear that the state could not constitutionally carry out a threat to revoke probation for the legitimate exercise of the Fifth Amendment privilege.”); 435-36, 104 S.Ct. 1136 (“[A] state may validly insist on answers to even incriminating questions and hence sensibly administer its probation system, as long as it recognizes that the required answers may not be used in a criminal proceeding and thus eliminates the threat of incrimination.”); 441-42, 104 S.Ct. 1136 (Marshall, J., joined by Stevens and Brennan, JJ., dissenting) (“[I]f ther	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
Lefferts v. Dolton neutral pa · 1907 2 sentences 2014In Lefferts v. Dolton, 217 Pa. 299 , 66 A. 527 , 118 Am.St.Rep. 913 , this court held that before a vendee is called upon to pay his money, he is ‘entitled to see that the conveyance was properly signed, sealed, and acknowledged, and that the description of the land to be conveyed was correct.’ In the instant case the court below correctly said: ‘In the absence of an express waiver of formal tender, the vendors were under a duty to appear at the stipulated time and place for performance and produce a duly executed instrument. 2014In Lefferts v. Dolton, 217 Pa. 299 , 66 A. 527 , 118 Am.St.Rep. 913 , this court held that before a vendee is called upon to pay his money, he is ‘entitled to see that the conveyance was properly signed, sealed, and acknowledged, and that the description of the land to be conveyed was correct.’ In the instant case the court below correctly said: ‘In the absence of an express waiver of formal tender, the vendors were under a duty to appear at the stipulated time and place for performance and produce a duly executed instrument.	3	1947–2014
Vankirk v. Patterson neutral pa · 1902 2 sentences 2003Until this was done, the vendee could not be called upon to make payment or to proceed in the performance of her covenant . . . [citing Vankirk v. Patterson, 201 Pa. 90 ,] [ 50 A. 966 ]. 2003Until this was done, the vendee could not be called upon to make payment or to proceed in the performance of her covenant . . . [citing Vankirk v. Patterson, 201 Pa. 90 ,] [ 50 A. 966 ].	2	1947–2003
Commonwealth v. Yaple green pasuperct · 1970 2 sentences 1973Commonwealth v. Yaple, 217 Pa. Superior Ct. 232 , 273 A. 2d 346 , allocatur refused, 217 Pa. Superior Ct. 1 (1970); Commonwealth v. Gorodetsky, 178 Pa. Superior Ct. 467 , 115 A. 2d 760 , allocatur refused, 179 Pa. Superior Ct. xxviii (1955). 1973Commonwealth v. Yaple, 217 Pa. Superior Ct. 232 , 273 A. 2d 346 , allocatur refused, 217 Pa. Superior Ct. 1 (1970); Commonwealth v. Gorodetsky, 178 Pa. Superior Ct. 467 , 115 A. 2d 760 , allocatur refused, 179 Pa. Superior Ct. xxviii (1955).	2	1972–1973
Commonwealth v. Gorodetsky green pasuperct · 1955 2 sentences 1973Commonwealth v. Yaple, 217 Pa. Superior Ct. 232 , 273 A. 2d 346 , allocatur refused, 217 Pa. Superior Ct. 1 (1970); Commonwealth v. Gorodetsky, 178 Pa. Superior Ct. 467 , 115 A. 2d 760 , allocatur refused, 179 Pa. Superior Ct. xxviii (1955). 1973Commonwealth v. Yaple, 217 Pa. Superior Ct. 232 , 273 A. 2d 346 , allocatur refused, 217 Pa. Superior Ct. 1 (1970); Commonwealth v. Gorodetsky, 178 Pa. Superior Ct. 467 , 115 A. 2d 760 , allocatur refused, 179 Pa. Superior Ct. xxviii (1955).	2	1972–1973
Commonwealth v. Roles green pasuperct · 2015 1 sentence 2025Despite the absence of an express rule limiting expert testimony to the fair scope of his report, “it cannot be asserted that either the Commonwealth or a defendant has carte blanche to allow an expert to testify beyond the information contained in his or her report.” Roles, 116 A.3d at 131 .	1	2025–2025
Department of the Army v. Blue Fox, Inc. green scotus · 1999 2 sentences 2003To the extent that Kise intends to challenge the regulations, we find that the substantial entanglement of strong federal interests impedes state appellate review, particularly as the federal regulators are not parties to the action, and jurisdiction over them cannot be gained by the Commonwealth Court in the absence of an express waiver by Congress of the national government’s sovereign immunity, see Department of Army v. Blue Fox, Inc., 525 U.S. 255, 261 , 119 S.Ct. 687, 690 , 142 L.Ed.2d 718 (1999). 2003To the extent that Kise intends to challenge the regulations, we find that the substantial entanglement of strong federal interests impedes state appellate review, particularly as the federal regulators are not parties to the action, and jurisdiction over them cannot be gained by the Commonwealth Court in the absence of an express waiver by Congress of the national government’s sovereign immunity, see Department of Army v. Blue Fox, Inc., 525 U.S. 255, 261 , 119 S.Ct. 687, 690 , 142 L.Ed.2d 718 (1999).	1	2003–2003
Shell Oil Co. v. Marinello green nj · 1973 2 sentences 1978The form instrument contains the following typed provision: "NOTWITHSTANDING any conditions contained herein to the contrary, it is hereby mutually agreed that either LESSOR or TENANT may cancel this lease, with or without cause, by giving to the other 30 days prior written notice." [7a] Restatement (Second) of Contracts, supra at § 231 (imposing standard of good faith on contracting parties); Hewitt, "Termination of Dealer Franchises and the Code Mixing Classified and Coordinated Uncertainty With Conflict," 22 Bus.Law. 1075, 1086 (1967); cf. Uniform Commercial Code, § 1-102(3) (imposing sam 1978The form instrument contains the following typed provision: "NOTWITHSTANDING any conditions contained herein to the contrary, it is hereby mutually agreed that either LESSOR or TENANT may cancel this lease, with or without cause, by giving to the other 30 days prior written notice." [7a] Restatement (Second) of Contracts, supra at § 231 (imposing standard of good faith on contracting parties); Hewitt, "Termination of Dealer Franchises and the Code Mixing Classified and Coordinated Uncertainty With Conflict," 22 Bus.Law. 1075, 1086 (1967); cf. Uniform Commercial Code, § 1-102(3) (imposing sam	1	1978–1978
Ashland Oil, Inc. v. Donahue green wva · 1976 1 sentence 1978The form instrument contains the following typed provision: "NOTWITHSTANDING any conditions contained herein to the contrary, it is hereby mutually agreed that either LESSOR or TENANT may cancel this lease, with or without cause, by giving to the other 30 days prior written notice." [7a] Restatement (Second) of Contracts, supra at § 231 (imposing standard of good faith on contracting parties); Hewitt, "Termination of Dealer Franchises and the Code Mixing Classified and Coordinated Uncertainty With Conflict," 22 Bus.Law. 1075, 1086 (1967); cf. Uniform Commercial Code, § 1-102(3) (imposing sam	1	1978–1978
Commonwealth Ex Rel. Smith v. Smith neutral pasuperct · 1970 2 sentences 1973Commonwealth v. Yaple, 217 Pa. Superior Ct. 232 , 273 A. 2d 346 , allocatur refused, 217 Pa. Superior Ct. 1 (1970); Commonwealth v. Gorodetsky, 178 Pa. Superior Ct. 467 , 115 A. 2d 760 , allocatur refused, 179 Pa. Superior Ct. xxviii (1955). 1973Commonwealth v. Yaple, 217 Pa. Superior Ct. 232 , 273 A. 2d 346 , allocatur refused, 217 Pa. Superior Ct. 1 (1970); Commonwealth v. Gorodetsky, 178 Pa. Superior Ct. 467 , 115 A. 2d 760 , allocatur refused, 179 Pa. Superior Ct. xxviii (1955).	1	1973–1973
Jones v. Wagner green · 1870 1 sentence 1912In our state there has been no departure from this rule which has been recognized and asserted from Jones v. Wagner, 66 Pa. 429 , to Dignan v. Coal & Coke Company, 222 Pa. 390 .	1	1912–1912
Dignan v. Altoona Coal & Coke Co. neutral · 1909 1 sentence 1912In our state there has been no departure from this rule which has been recognized and asserted from Jones v. Wagner, 66 Pa. 429 , to Dignan v. Coal & Coke Company, 222 Pa. 390 .	1	1912–1912

Where else courts name it

CA 35 (1888–2024) NY 29 (1894–2014) TX 19 (1974–2024) LA 15 (1940–2025) MD 15 (1968–2025) IL 14 (1911–2026) PA 11 (1912–2026) GA 10 (1932–2026) NE 8 (1978–2021) FL 7 (1930–2016) CT 7 (1974–2022) MA 6 (1957–2020) AZ 6 (2004–2022) IA 5 (1971–2021) MO 4 (2012–2016) NH 4 (1988–2002) DE 4 (1980–2022) HI 4 (2001–2009) CO 3 (1995–2025) NJ 3 (1988–1997) WA 3 (1998–2000) OK 3 (1966–2011) VT 3 (1998–2024) OH 3 (1901–2020) MT 3 (1995–2003) VA 3 (2003–2024) AK 3 (1978–2003) MN 2 (1906–2014) WY 2 (2002–2020) AR 2 (1994–2005) AL 2 (2002–2002) NM 2 (1992–2002) OR 2 (1959–1996) IN 2 (1993–2016)

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.

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