court-made rule (Pennsylvania) · Go Syfert
← Pennsylvania issues

court-made rule in Pennsylvania

11 Pennsylvania opinions name it 4 courts 1958–2024 4 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)

CaseFollowedCited
Catherwood Trustgreen
pa · 1961 · cited in 3 Pennsylvania opinions naming this issue, 1964–1975
2 sentences

1975As was stated in Catherwood Trust, 405 Pa. 61, 77 , 173 A.2d 86, 93 (1961), “[t]here is no vested property rights [sic] in a court-made rule of apportionment.” Although the definition of income or the status of investments may change from one accounting to another, neither court nor legislature may destroy the natural issue’s property rights in the trust income.

1975As was stated in Catherwood Trust, 405 Pa. 61, 77 , 173 A.2d 86, 93 (1961), “[t]here is no vested property rights [sic] in a court-made rule of apportionment.” Although the definition of income or the status of investments may change from one accounting to another, neither court nor legislature may destroy the natural issue’s property rights in the trust income.

33
Coates v. Unemployment Compensation Board of Reviewgreen
pacommwct · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024See 34 Pa. Code § 101.21 (a) (“Where a party is not represented by counsel[,] the tribunal before whom the hearing is being held should advise him as to his rights, aid him in examining and cross-examining witnesses, and give him every assistance compatible with the impartial discharge of its official duties.”) See also Coates, 676 A.2d at 744 n.3 (“highlight[ing] the importance of the referee’s responsibility under 34 Pa. Code § 101 .21”).

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
O'Melveny & Myers v. Federal Deposit Insurance green
scotus · 1994
2 sentences

2021The O’Melveny Court also examined whether federal law preempted state law on the point in question, noting that it “would not contradict an explicit federal statutory provision” and would not “adopt a court-made rule to supplement federal statutory regulation that is comprehensive and detailed[.]” Id. at 85 .

2021The O’Melveny Court also examined whether federal law preempted state law on the point in question, noting that it “would not contradict an explicit federal statutory provision” and would not “adopt a court-made rule to supplement federal statutory regulation that is comprehensive and detailed[.]” Id. at 85 .

22021–2021
Klein v. Shadyside Health, Education & Research Corp. green
pacommwct · 1994
1 sentence

2023It is a court-made doctrine “intended to prevent premature judicial intervention into the administrative process” and “operates as a restraint on the exercise of a court’s equitable powers and a recognition of the legislature’s direction to comply with statutorily-prescribed remedies.” Id.

12023–2023
Empire Sanitary Landfill, Inc. v. Commonwealth green
pa · 1996
1 sentence

2015It is a court-made doctrine “intended to prevent premature judicial intervention into the administrative process” and “operates as a restraint on the exercise of a court’s equitable powers and a recognition of the legislature’s direction to comply with statutorily-prescribed remedies.” Id.

12015–2015
Mayle v. Pennsylvania Department of Highways green
pa · 1978
2 sentences

1986Meagher , which was based on the court-made rule of sovereign immunity, was overruled by the Supreme Court in Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978).

1986Meagher , which was based on the court-made rule of sovereign immunity, was overruled by the Supreme Court in Mayle v. Pennsylvania Department of Highways, 479 Pa. 384, 388 A.2d 709 (1978).

11986–1986
Cronin v. American Oil Co. green
pa · 1929
2 sentences

1979The court-made rule encrusted upon the statute that an employe who sustained injuries while working elsewhere than on the employer’s premises must prove that his employer directed him to work at the place of injury, seems to have had its origin in Cronin v. American Oil Co., 298 Pa. 336 , 148 A. 476 (1929).

1979The court-made rule encrusted upon the statute that an employe who sustained injuries while working elsewhere than on the employer’s premises must prove that his employer directed him to work at the place of injury, seems to have had its origin in Cronin v. American Oil Co., 298 Pa. 336 , 148 A. 476 (1929).

11979–1979
Pierce v. Yakima Valley Memorial Hospital Ass'n green
wash · 1953
2 sentences

1958The Supreme Court of Washington, in the case of Pierce v. Yakima Valley Memorial Hospital Assn., 43 Wash. 2d 162, 167 , said: “Ordinarily, when a court decides to modify or abandon a court-made rule of long standing, it starts out by saying that ‘the reason for the rule no longer exists.’ In this case, it is correct to say that the ‘reason’ originally given for the rule of immunity never did exist.” Judge Biggs quoted the above paragraph in his Opinion in the Brown v. Moore case, and sententiously added: “We agree with the view that the reason originally given for the rule of immunity never di

1958The Supreme Court of Washington, in the case of Pierce v. Yakima Valley Memorial Hospital Assn., 43 Wash. 2d 162, 167 , said: "Ordinarily, when a court decides to modify or abandon a court-made rule of long standing, it starts out by saying that `the reason for the rule no longer exists.' In this case, it is correct to say that the `reason' originally given for the rule of immunity never did exist." Judge BIGGS quoted the above paragraph in his Opinion in the Brown v. Moore case, and sententiously added: "We agree with the view that the reason originally given for the rule of immunity never di

11958–1958

Where else courts name it

TX 52 (1961–2022) CA 16 (1959–2017) OH 15 (1965–2013) KS 14 (1975–2021) WI 14 (1955–2009) PA 11 (1958–2024) NY 9 (1962–2019) WA 9 (1953–2025) TN 8 (1991–2019) MD 7 (1998–2024) OR 7 (1987–2020) CO 7 (1971–2013) AZ 7 (1966–2001) NJ 6 (1964–2001) OK 5 (1979–2024) GU 5 (2022–2026) HI 5 (1982–2025) MO 4 (1950–2009) FL 4 (1989–2008) IA 4 (1964–2020) IL 3 (1981–2013) DC 3 (2020–2025) MS 3 (1984–1994) ME 2 (1982–2000) MT 2 (1987–1994) NH 2 (1965–1984) NC 2 (1967–1984) NM 2 (1978–2002) WV 2 (1991–2014)

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