must consider multiple factors (Pennsylvania) · Go Syfert
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must consider multiple factors in Pennsylvania

11 Pennsylvania opinions name it 2 courts 2009–2026 5 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 (4)

CaseFollowedCited
Rohm and Haas Co. v. Lingreen
pasuperct · 2010 · cited in 6 Pennsylvania opinions naming this issue, 2011–2026
2 sentences

2026Regarding discovery sanctions, Pennsylvania courts “highly disfavor dismissal of an action, whether express or constructive, as a sanction for discovery violations absent the most extreme of circumstances.” City of Philadelphia v. Fraternal Order of Police Lodge No. 5 (Breary), 604 Pa. 267, 284 , 985 A.2d 1259 , 1270 (2009). “[W]here a discovery sanction either terminates the action directly or would result in in its termination by operation of law, the court must consider multiple factors balanced against the necessity of the sanction.” Rohn and Haas Co. v. Lin, 992 A.2d 132, 142 (Pa.Super. 2

2011“Consequently, where a discovery sanction either terminates the action directly or would result in its termination by operation of law, the court must consider multiple factors balanced against the necessity of the sanction.” Rohm & Haas, supra at 142 (citations omitted).

66
Stewart v. Rossigreen
pasuperct · 1996 · cited in 4 Pennsylvania opinions naming this issue, 2009–2021
2 sentences

2021See id., see also Steinfurth, 590 A.2d at 1289 .

2016Id. (citations omitted).

24
Steinfurth v. LaMannagreen
pasuperct · 1991 · cited in 2 Pennsylvania opinions naming this issue, 2009–2021
2 sentences

2021See id., see also Steinfurth, 590 A.2d at 1289 .

2009See id., see also Steinfurth, 590 A.2d at 1289 .

22
ANTHONY BIDDLE CONTRACTORS, INC. v. Preet Allied American Street, LPgreen
pasuperct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
2 sentences

2023Id. at 926-27 (“Because the denial of Biddle’s motion for extraordinary relief was the functional equivalent of a sanction that ultimately resulted in the termination of the underlying action, the trial court was required to consider the five factors…, and to balance those factors against the necessity of the sanction.”) (citation omitted); see also id. at 926 (“[W]here a discovery sanction either terminates the action directly or would result in its termination by operation of law, the court must consider multiple factors balanced against the necessity of the sanction.”) (citation and interna

2023Id. at 926-27 (“Because the denial of Biddle’s motion for extraordinary relief was the functional equivalent of a sanction that ultimately resulted in the termination of the underlying action, the trial court was required to consider the five factors…, and to balance those factors against the necessity of the sanction.”) (citation omitted); see also id. at 926 (“[W]here a discovery sanction either terminates the action directly or would result in its termination by operation of law, the court must consider multiple factors balanced against the necessity of the sanction.”) (citation and interna

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 (5)

CaseCitedYears
Middlebrooks v. Godwin Corp. green
scotus · 2011
2 sentences

2026Regarding discovery sanctions, Pennsylvania courts “highly disfavor dismissal of an action, whether express or constructive, as a sanction for discovery violations absent the most extreme of circumstances.” City of Philadelphia v. Fraternal Order of Police Lodge No. 5 (Breary), 604 Pa. 267, 284 , 985 A.2d 1259 , 1270 (2009). “[W]here a discovery sanction either terminates the action directly or would result in in its termination by operation of law, the court must consider multiple factors balanced against the necessity of the sanction.” Rohn and Haas Co. v. Lin, 992 A.2d 132, 142 (Pa.Super. 2

2023Rohm and Haas Co. v. Lin, 992 A.2d 132, 142 (Pa.Super. 2010), cert. denied, 565 U.S. 1093 , 132 S.Ct. 852 , 181 L.Ed.2d 550 (2011) (internal citations and quotation marks omitted) (emphasis in original).

22023–2026
Fayer v. Vaughn green
scotus · 2011
2 sentences

2026Regarding discovery sanctions, Pennsylvania courts “highly disfavor dismissal of an action, whether express or constructive, as a sanction for discovery violations absent the most extreme of circumstances.” City of Philadelphia v. Fraternal Order of Police Lodge No. 5 (Breary), 604 Pa. 267, 284 , 985 A.2d 1259 , 1270 (2009). “[W]here a discovery sanction either terminates the action directly or would result in in its termination by operation of law, the court must consider multiple factors balanced against the necessity of the sanction.” Rohn and Haas Co. v. Lin, 992 A.2d 132, 142 (Pa.Super. 2

2026Regarding discovery sanctions, Pennsylvania courts “highly disfavor dismissal of an action, whether express or constructive, as a sanction for discovery violations absent the most extreme of circumstances.” City of Philadelphia v. Fraternal Order of Police Lodge No. 5 (Breary), 604 Pa. 267, 284 , 985 A.2d 1259 , 1270 (2009). “[W]here a discovery sanction either terminates the action directly or would result in in its termination by operation of law, the court must consider multiple factors balanced against the necessity of the sanction.” Rohn and Haas Co. v. Lin, 992 A.2d 132, 142 (Pa.Super. 2

22023–2026
Golden Gate Pharmacy Services, Inc. v. Pfizer, Inc. green
scotus · 2011
2 sentences

2026Regarding discovery sanctions, Pennsylvania courts “highly disfavor dismissal of an action, whether express or constructive, as a sanction for discovery violations absent the most extreme of circumstances.” City of Philadelphia v. Fraternal Order of Police Lodge No. 5 (Breary), 604 Pa. 267, 284 , 985 A.2d 1259 , 1270 (2009). “[W]here a discovery sanction either terminates the action directly or would result in in its termination by operation of law, the court must consider multiple factors balanced against the necessity of the sanction.” Rohn and Haas Co. v. Lin, 992 A.2d 132, 142 (Pa.Super. 2

2023Rohm and Haas Co. v. Lin, 992 A.2d 132, 142 (Pa.Super. 2010), cert. denied, 565 U.S. 1093 , 132 S.Ct. 852 , 181 L.Ed.2d 550 (2011) (internal citations and quotation marks omitted) (emphasis in original).

22023–2026
City of Philadelphia v. Fraternal Order of Police Lodge No. 5 green
pa · 2009
2 sentences

2026Regarding discovery sanctions, Pennsylvania courts “highly disfavor dismissal of an action, whether express or constructive, as a sanction for discovery violations absent the most extreme of circumstances.” City of Philadelphia v. Fraternal Order of Police Lodge No. 5 (Breary), 604 Pa. 267, 284 , 985 A.2d 1259 , 1270 (2009). “[W]here a discovery sanction either terminates the action directly or would result in in its termination by operation of law, the court must consider multiple factors balanced against the necessity of the sanction.” Rohn and Haas Co. v. Lin, 992 A.2d 132, 142 (Pa.Super. 2

2026Specifically, the court should consider: (1) the prejudice, if any, endured by the non-offending party and the ability of the opposing party to cure any prejudice; (2) the noncomplying party’s willfulness or bad faith in failing to provide the requested discovery materials; (3) the importance of the excluded evidence in light of the failure to provide the discovery; and (4) the number of discovery violations by the offending party. - 15 - J-S05029-26 City of Philadelphia, supra at 285-86 , 985 A.2d at 1271 .

12026–2026
Strawn v. Commonwealth green
pa · 2009
2 sentences

2026Regarding discovery sanctions, Pennsylvania courts “highly disfavor dismissal of an action, whether express or constructive, as a sanction for discovery violations absent the most extreme of circumstances.” City of Philadelphia v. Fraternal Order of Police Lodge No. 5 (Breary), 604 Pa. 267, 284 , 985 A.2d 1259 , 1270 (2009). “[W]here a discovery sanction either terminates the action directly or would result in in its termination by operation of law, the court must consider multiple factors balanced against the necessity of the sanction.” Rohn and Haas Co. v. Lin, 992 A.2d 132, 142 (Pa.Super. 2

2026Specifically, the court should consider: (1) the prejudice, if any, endured by the non-offending party and the ability of the opposing party to cure any prejudice; (2) the noncomplying party’s willfulness or bad faith in failing to provide the requested discovery materials; (3) the importance of the excluded evidence in light of the failure to provide the discovery; and (4) the number of discovery violations by the offending party. - 15 - J-S05029-26 City of Philadelphia, supra at 285-86 , 985 A.2d at 1271 .

12026–2026

Where else courts name it

PA 11 (2009–2026) OH 3 (2001–2021) NY 2 (2009–2009)

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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