Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
10 Pennsylvania opinions name it 5 courts 1986–2015 0 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.
| Case | Followed | Cited |
|---|---|---|
Howell v. Clydegreen2 sentences2015Our Supreme Court has noted that “the complexity of analysis in assumption of risk cases makes it extremely difficult to instruct juries.” Howell v. Clyde, 620 A.2d 1107, 1108 (Pa. 1993) (plurality). 2000See Howell, supra at 156-58 , 620 A.2d at 1108, 1110 (the complexity of the analysis in assumption of risk cases makes it extremely difficult to instruct juries; analysis also overlaps with duty and with ordinary negligence law), citing Rutter, supra; Carrender, supra; Handschuh, 574 A.2d at 697 (Beck, J., concurring); W. | 2 | 2 |
NCP Litigation Trust v. KPMG LLPgreen2 sentences2010While we read the rationale for the New Jersey Supreme Court’s decision in NCP as effectively negating imputation (and thus barring the in pari delicto defense) relative to comparable claims of negligence against auditors, see NCP, 901 A.2d at 888, 890 , we previously have noted our concern regarding the complexity of doctrine-setting social-policy judgments in this arena. 2010While we read the rationale for the New Jersey Supreme Court’s decision in NCP as effectively negating imputation (and thus barring the in pari delicto defense) relative to comparable claims of negligence against auditors, see NCP, 901 A.2d at 888, 890 , we previously have noted our concern regarding the complexity of doctrine-setting social-policy judgments in this arena. | 2 | 2 |
Handschuh v. Albert Developmentgreen1 sentence2000See Howell, supra at 156-58 , 620 A.2d at 1108, 1110 (the complexity of the analysis in assumption of risk cases makes it extremely difficult to instruct juries; analysis also overlaps with duty and with ordinary negligence law), citing Rutter, supra; Carrender, supra; Handschuh, 574 A.2d at 697 (Beck, J., concurring); W. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rutter v. Northeastern Beaver County School District
green
2 sentences1986Rutter v. Northeastern Beaver County School District, 476 Pa. 590 , 437 A.2d 1198 (1981). (“The complexity of the doctrine [assumption of the risk] and its consequent difficulty of application are well illustrated in the Restatement’s analysis of the four discrete meanings of the term given at section 496A, comment c, 1-4,” Id. at 1206 .) (Plurality opinion; Flaherty, J. writing lead opinion.) Schlemmer v. Buffalo, Rochester & Pittsburgh Ry. 1986Rutter v. Northeastern Beaver County School District, 476 Pa. 590 , 437 A.2d 1198 (1981). (“The complexity of the doctrine [assumption of the risk] and its consequent difficulty of application are well illustrated in the Restatement’s analysis of the four discrete meanings of the term given at section 496A, comment c, 1-4,” Id. at 1206 .) (Plurality opinion; Flaherty, J. writing lead opinion.) Schlemmer v. Buffalo, Rochester & Pittsburgh Ry. | 3 | 1986–2000 |
Nutter v. Dougherty
green
2 sentences2011The complexity of the analysis in these circumstances is evident from a recent case, Nutter, 938 A.2d 401 . 2011The complexity of the analysis in these circumstances is evident from a recent case, Nutter, 938 A.2d 401 . | 1 | 2011–2011 |
Hannah v. Larche
green
2 sentences1995While it appears from the Hannah decision that petitioners were not entitled to notice prior to the publication of the 1992 report, the Hannah court also stated that whether an individual is entitled to due process depends upon a complexity of factors: (1) the nature of the right involved; (2) the nature of the proceeding; and (3) the possible burden on that proceeding. 363 U.S. at 442 . 1995The nature of the alleged light involved, the nature of the proceeding, and the possible burden on that proceeding, are all considerations which must be taken into account. 363 U.S. at 442 , 80 S.Ct. at 1514-1515 . | 1 | 1995–1995 |
Carrender v. Fitterer
green
2 sentences1994Two years later, in Carrender v. Fitterer, 503 Pa. 178 , 469 A.2d 120 (1983), the court considered a slip and fall case occurring on a patch of ice in a parking lot of a chiropractor’s parking lot. 1994Two years later, in Carrender v. Fitterer, 503 Pa. 178 , 469 A.2d 120 (1983), the court considered a slip and fall case occurring on a patch of ice in a parking lot of a chiropractor’s parking lot. | 1 | 1994–1994 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.