series factors in Pennsylvania

2024Id. at 191 .

2019Bracey , 117 A.3d at 274 . 7 The Briseno court deemed that an inquiry into adaptive behavior criteria was highly subjective and advanced a series of factors for courts to consider in evaluating evidence.

2014Althaus v. Cohen, 562 Pa. 547 , 756 A.2d 1166 (2000), relevant to whether the common law should impose duties not previously recognized. 4 These factors are: “(1) the relationship between the parties; (2) the social utility of the actor’s conduct; (3) the nature of the risk imposed and foreseeability of the harm incurred; (4) the consequences of imposing a duty upon the actor; and (5) the overall public interest in the proposed solution.” Id. at 553 , 756 A.2d at 1169 .

2014Althaus v. Cohen, 562 Pa. 547 , 756 A.2d 1166 (2000), relevant to whether the common law should impose duties not previously recognized. 4 These factors are: “(1) the relationship between the parties; (2) the social utility of the actor’s conduct; (3) the nature of the risk imposed and foreseeability of the harm incurred; (4) the consequences of imposing a duty upon the actor; and (5) the overall public interest in the proposed solution.” Id. at 553 , 756 A.2d at 1169 .

2013Complicating the analysis, the United States Supreme Court has, at times, applied Chevron deference to interpretive rules based upon a series of factors including "the interstitial nature of the legal question, the related expertise of the Agency, the importance of the question to administration of the statute, the complexity of that administration, and the careful consideration the Agency has given the question over a long period of time[.]” Barnhart v. Walton, 535 U.S. 212, 222 , 122 S.Ct. 1265, 1272 , 152 L.Ed.2d 330 (2002). .

2013Complicating the analysis, the United States Supreme Court has, at times, applied Chevron deference to interpretive rules based upon a series of factors including "the interstitial nature of the legal question, the related expertise of the Agency, the importance of the question to administration of the statute, the complexity of that administration, and the careful consideration the Agency has given the question over a long period of time[.]” Barnhart v. Walton, 535 U.S. 212, 222 , 122 S.Ct. 1265, 1272 , 152 L.Ed.2d 330 (2002). .

2004Rule 1708 provides a series of factors to consider, and according to our Superior Court, “they are not exclusive and their importance may vary according to the circumstances.” Pa.R.C.P. 1708; Janicik , 305 Pa. Super, at 141, 451 A.2d at 461 . (citations omitted) Rule 1708 states: “(a) Where monetary recovery alone is sought, the court shall consider “(1) whether common questions of law or fact predominate over any question affecting only individual members; “(2) the size of the class and the difficulties likely to be encountered in the management of the action as a class action; “(3) whether t

2004“In determining fairness and efficiency, the court must balance the interests of the litigants, present and absent, and of the court system.” Janicik , 305 Pa. Super, at 141, 451 A.2d at 461 . (citations omitted) The court determines that certifying the action as a class action is fair and efficient based on the seven factors analyzed below.

1971We note also that in the recent case of Commonwealth v. Franklin, 438 Pa. 411 , 265 A. 2d 361 (1970), the Supreme Court of Pennsylvania passed on exactly the same series of warnings and upheld them as an adequate compliance with Miranda .

1971We note also that in the recent case of Commonwealth v. Franklin, 438 Pa. 411 , 265 A. 2d 361 (1970), the Supreme Court of Pennsylvania passed on exactly the same series of warnings and upheld them as an adequate compliance with Miranda .