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9 Pennsylvania opinions name it 4 courts 1938–2025 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.
| Case | Followed | Cited |
|---|---|---|
Wecht v. PG Publishing Co.green2 sentences2025Co., 510 A.2d 769, 771 (Pa. Super. 1986). 2018Co., 510 A.2d 769, 771 (Pa. Super. 1986), appeal denied, 522 A.2d 559 (Pa. 1987) (citations omitted; emphases added). | 2 | 2 |
Lorenzo Oliver v. Debra Roquetgreen1 sentence2025If Kattner now views the complaint as asserting a federal claim for damages under Section 1983 against him in his personal capacity, and wishes to assert the defense of qualified immunity, see Kattner’s Br. at 25-27, we note that Kattner does not appear to have raised that defense below, though qualified immunity might properly be raised after the preliminary objection stage, see Oliver v. Roquet, 858 F.3d 180, 188 (3d Cir. 2017). | 1 | 1 |
Dempsky v. Doublegreen2 sentences2007Dempsky v. Double, 386 Pa. 542, 547 , 126 A.2d 915, 917 (1956); Biggans v. Foglietta, 403 Pa. 510, 512 , 170 A.2d 345, 346 (1961) (if the court determines that the alleged defamatory publication is privileged and there is no intrinsic or extrinsic evidence of malice, the court has a duty to direct a nonsuit or give binding instructions for the defendant); Corabi, 441 Pa. at 452 , 273 A.2d at 909 ("[I]f the privileged occasion is but a qualified one and it be shown that defendant was actuated by malice, the defense of qualified privilege is vitiated."). 2007Dempsky v. Double, 386 Pa. 542, 547 , 126 A.2d 915, 917 (1956); Biggans v. Foglietta, 403 Pa. 510, 512 , 170 A.2d 345, 346 (1961) (if the court determines that the alleged defamatory publication is privileged and there is no intrinsic or extrinsic evidence of malice, the court has a duty to direct a nonsuit or give binding instructions for the defendant); Corabi, 441 Pa. at 452 , 273 A.2d at 909 ("[I]f the privileged occasion is but a qualified one and it be shown that defendant was actuated by malice, the defense of qualified privilege is vitiated."). | 1 | 1 |
Biggans v. Fogliettagreen2 sentences2007Dempsky v. Double, 386 Pa. 542, 547 , 126 A.2d 915, 917 (1956); Biggans v. Foglietta, 403 Pa. 510, 512 , 170 A.2d 345, 346 (1961) (if the court determines that the alleged defamatory publication is privileged and there is no intrinsic or extrinsic evidence of malice, the court has a duty to direct a nonsuit or give binding instructions for the defendant); Corabi, 441 Pa. at 452 , 273 A.2d at 909 ("[I]f the privileged occasion is but a qualified one and it be shown that defendant was actuated by malice, the defense of qualified privilege is vitiated."). 2007Dempsky v. Double, 386 Pa. 542, 547 , 126 A.2d 915, 917 (1956); Biggans v. Foglietta, 403 Pa. 510, 512 , 170 A.2d 345, 346 (1961) (if the court determines that the alleged defamatory publication is privileged and there is no intrinsic or extrinsic evidence of malice, the court has a duty to direct a nonsuit or give binding instructions for the defendant); Corabi, 441 Pa. at 452 , 273 A.2d at 909 ("[I]f the privileged occasion is but a qualified one and it be shown that defendant was actuated by malice, the defense of qualified privilege is vitiated."). | 1 | 1 |
Corabi v. Curtis Publishing Co.green2 sentences2007Dempsky v. Double, 386 Pa. 542, 547 , 126 A.2d 915, 917 (1956); Biggans v. Foglietta, 403 Pa. 510, 512 , 170 A.2d 345, 346 (1961) (if the court determines that the alleged defamatory publication is privileged and there is no intrinsic or extrinsic evidence of malice, the court has a duty to direct a nonsuit or give binding instructions for the defendant); Corabi, 441 Pa. at 452 , 273 A.2d at 909 ("[I]f the privileged occasion is but a qualified one and it be shown that defendant was actuated by malice, the defense of qualified privilege is vitiated."). 2007Dempsky v. Double, 386 Pa. 542, 547 , 126 A.2d 915, 917 (1956); Biggans v. Foglietta, 403 Pa. 510, 512 , 170 A.2d 345, 346 (1961) (if the court determines that the alleged defamatory publication is privileged and there is no intrinsic or extrinsic evidence of malice, the court has a duty to direct a nonsuit or give binding instructions for the defendant); Corabi, 441 Pa. at 452 , 273 A.2d at 909 ("[I]f the privileged occasion is but a qualified one and it be shown that defendant was actuated by malice, the defense of qualified privilege is vitiated."). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Burke v. Triangle Publications, Inc.
green
2 sentences1986Vitteck v. Washington Broadcasting Co., Inc., 256 Pa.Super. 427, 389 A.2d 1197 (1978); Burke v. Triangle Publications, Inc., 225 Pa.Super. 272, 302 A.2d 408 (1973). 1986Vitteck v. Washington Broadcasting Co., Inc., 256 Pa.Super. 427, 389 A.2d 1197 (1978); Burke v. Triangle Publications, Inc., 225 Pa.Super. 272, 302 A.2d 408 (1973). | 1 | 1986–1986 |
Vitteck v. Washington Broadcasting Co.
green
2 sentences1986Vitteck v. Washington Broadcasting Co., Inc., 256 Pa.Super. 427, 389 A.2d 1197 (1978); Burke v. Triangle Publications, Inc., 225 Pa.Super. 272, 302 A.2d 408 (1973). 1986Vitteck v. Washington Broadcasting Co., Inc., 256 Pa.Super. 427, 389 A.2d 1197 (1978); Burke v. Triangle Publications, Inc., 225 Pa.Super. 272, 302 A.2d 408 (1973). | 1 | 1986–1986 |
Greenberg v. Aetna Insurance
green
2 sentences1973To support its position, the defendant-newspaper relies on Greenberg v. Aetna Insurance Co., 427 Pa. 511 , 235 A. 2d 576 (1967), cert. denied, 392 U.S. 907 (1968), in which the Supreme Court of Pennsylvania allowed a defense of privilege to be raised by preliminary objections. 1973To support its position, the defendant-newspaper relies on Greenberg v. Aetna Insurance Co., 427 Pa. 511 , 235 A. 2d 576 (1967), cert. denied, 392 U.S. 907 (1968), in which the Supreme Court of Pennsylvania allowed a defense of privilege to be raised by preliminary objections. | 1 | 1973–1973 |
An Article of Device . . . Diapulse Manufacturing Corp. of America v. United States
green
1 sentence1973To support its position, the defendant-newspaper relies on Greenberg v. Aetna Insurance Co., 427 Pa. 511 , 235 A. 2d 576 (1967), cert. denied, 392 U.S. 907 (1968), in which the Supreme Court of Pennsylvania allowed a defense of privilege to be raised by preliminary objections. | 1 | 1973–1973 |
Sciandra v. Lynett
green
1 sentence1971Such malice is inferred, as a matter of law, when the “occasion of privilege” is shown to have been “abused” : 10 Sciandra v. Lynett, 409 Pa. 595 , 187 A. 2d *453 586 (1963). | 1 | 1971–1971 |
Curtis Publishing Co. v. Butts
green
2 sentences1971When such is established, both the Act of August 21, 1953, supra, and the Restatement of Torts require that plaintiff prove the “abuse of [the] con *453 ditionally privileged occasion.” When such “abuse” is proved, “actual malice” is inferred as a matter of law, and the defense of qualified privilege is vitiated. 11 As to public figures, see Curtis Publishing Co. v. Butts, 388 U.S. 130 , 87 S. Ct. 1975 (1967), and Greenbelt Cooperative Publishing Ass’n v. Bresler, 398 U.S. 6 , 90 S. Ct 1537 (1970). 12 The United States Supreme Court eases are consistent with our interpretation. 1971When such is established, both the Act of August 21, 1953, supra, and the Restatement of Torts require that plaintiff prove the “abuse of [the] con *453 ditionally privileged occasion.” When such “abuse” is proved, “actual malice” is inferred as a matter of law, and the defense of qualified privilege is vitiated. 11 As to public figures, see Curtis Publishing Co. v. Butts, 388 U.S. 130 , 87 S. Ct. 1975 (1967), and Greenbelt Cooperative Publishing Ass’n v. Bresler, 398 U.S. 6 , 90 S. Ct 1537 (1970). 12 The United States Supreme Court eases are consistent with our interpretation. | 1 | 1971–1971 |
Greenbelt Cooperative Publishing Assn., Inc. v. Bresler
green
2 sentences1971When such is established, both the Act of August 21, 1953, supra, and the Restatement of Torts require that plaintiff prove the “abuse of [the] con *453 ditionally privileged occasion.” When such “abuse” is proved, “actual malice” is inferred as a matter of law, and the defense of qualified privilege is vitiated. 11 As to public figures, see Curtis Publishing Co. v. Butts, 388 U.S. 130 , 87 S. Ct. 1975 (1967), and Greenbelt Cooperative Publishing Ass’n v. Bresler, 398 U.S. 6 , 90 S. Ct 1537 (1970). 12 The United States Supreme Court eases are consistent with our interpretation. 1971When such is established, both the Act of August 21, 1953, supra, and the Restatement of Torts require that plaintiff prove the “abuse of [the] con *453 ditionally privileged occasion.” When such “abuse” is proved, “actual malice” is inferred as a matter of law, and the defense of qualified privilege is vitiated. 11 As to public figures, see Curtis Publishing Co. v. Butts, 388 U.S. 130 , 87 S. Ct. 1975 (1967), and Greenbelt Cooperative Publishing Ass’n v. Bresler, 398 U.S. 6 , 90 S. Ct 1537 (1970). 12 The United States Supreme Court eases are consistent with our interpretation. | 1 | 1971–1971 |
Abdallah v. United States
green
1 sentence1971This is so because, by definition, the communication is published in furtherance of some overriding .social interest and is therefore not “wrongful.” Nevertheless, if the privileged occasion is but a qualified one and it be shown that defendant was actuated by malice, the defense of qualified privilege is vitiated: Bausewine v. Norristown Herald, 351 Pa. 634 , 41 A. 2d 736 , cert. denied, 326 U.S. 724 , 66 S. Ct. 29 (1945). | 1 | 1971–1971 |
Curtis v. Utah Fuel Co.
green
1 sentence1971This is so because, by definition, the communication is published in furtherance of some overriding .social interest and is therefore not “wrongful.” Nevertheless, if the privileged occasion is but a qualified one and it be shown that defendant was actuated by malice, the defense of qualified privilege is vitiated: Bausewine v. Norristown Herald, 351 Pa. 634 , 41 A. 2d 736 , cert. denied, 326 U.S. 724 , 66 S. Ct. 29 (1945). | 1 | 1971–1971 |
Bausewine v. Norristown Herald, Inc.
green
2 sentences1971This is so because, by definition, the communication is published in furtherance of some overriding .social interest and is therefore not “wrongful.” Nevertheless, if the privileged occasion is but a qualified one and it be shown that defendant was actuated by malice, the defense of qualified privilege is vitiated: Bausewine v. Norristown Herald, 351 Pa. 634 , 41 A. 2d 736 , cert. denied, 326 U.S. 724 , 66 S. Ct. 29 (1945). 1971This is so because, by definition, the communication is published in furtherance of some overriding .social interest and is therefore not “wrongful.” Nevertheless, if the privileged occasion is but a qualified one and it be shown that defendant was actuated by malice, the defense of qualified privilege is vitiated: Bausewine v. Norristown Herald, 351 Pa. 634 , 41 A. 2d 736 , cert. denied, 326 U.S. 724 , 66 S. Ct. 29 (1945). | 1 | 1971–1971 |
State v. Wojculewicz
neutral
1 sentence1969The function of malice in a libel case is to refute the defense of qualified privilege: Williams v. Kroger Grocery & Baking Company, 133 Pa. Superior Ct. 1 , 101 A.2d 495 (1938). | 1 | 1969–1969 |
Williams v. Kroger Grocery & Baking Co.
green
1 sentence1969The function of malice in a libel case is to refute the defense of qualified privilege: Williams v. Kroger Grocery & Baking Company, 133 Pa. Superior Ct. 1 , 101 A.2d 495 (1938). | 1 | 1969–1969 |
Neeb v. Hope
green
2 sentences1938The jury could find actual malice from the falsity of the accusations and the want of probable cause (Neeb v. Hope, 111 Pa. 145, 154 , 2 A. 568 ). 1938The jury could find actual malice from the falsity of the accusations and the want of probable cause (Neeb v. Hope, 111 Pa. 145, 154 , 2 A. 568 ). | 1 | 1938–1938 |
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.