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9 Pennsylvania opinions name it 5 courts 1946–2023 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.
| Case | Followed | Cited |
|---|---|---|
Brown v. Pittsburghgreen2 sentences1992It may be expressed or implied. ‘[I]n the absence of an express agreement a waiver will not be presumed or implied contrary to the intention of the party whose rights would be injuriously affected thereby, unless by his conduct the opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to.’ In short, the doctrine of implied waiver in Pennsylvania applies only to situations involving circumstances equivalent to an estoppel, and the person claiming the waiver to prevail must show that he was misled and prejudiced thereby[.] Brown v. Ci 1992It may be expressed or implied. ‘[I]n the absence of an express agreement a waiver will not be presumed or implied contrary to the intention of the party whose rights would be injuriously affected thereby, unless by his conduct the opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to.’ In short, the doctrine of implied waiver in Pennsylvania applies only to situations involving circumstances equivalent to an estoppel, and the person claiming the waiver to prevail must show that he was misled and prejudiced thereby[.] Brown v. Ci | 5 | 7 |
Atlantic Refining Co. v. Wyoming National Bankgreen2 sentences1981Bank of Wilkes-Barre, 356 Pa. 226, 236-237 , 51 A. 2d 719, 725 (1947). 1971In Atlantic Refining Company v. Wyoming National Bank of Wilkes-Barre, 356 Pa. 226, 236 (1947), the court stated: “ ‘A waiver may be express or implied, but in the absence of an express agreement a waiver will not be presumed or implied contrary to the intention of the party whose rights would be injuriously affected thereby, unless by his conduct the opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to.’ ” Assuming that defendant was charged with constructive notice of the late filing on December 4th, is there sufficient eviden | 2 | 2 |
Commonwealth Ex Rel. Corbett v. Largegreen1 sentence2022Corbett v. Large, 715 A.2d 1226, 1229 (Pa. Cmwlth. 1998) (citing Brown v. City of Pittsburgh, 186 A.2d 399 (Pa. 1962)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dougherty, Tr. v. Thomas, Exr.
green
2 sentences1946“A waiver may be express or implied, but in the absence of an express agreement a waiver will not be presumed or implied contrary to the intention of the party whose rights avouM be injuriously affected thereby, unless by *237 liis conduct tlie opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to”: Dougherty, Trustee, v. Thomas, Executor, 313 Pa. 287, 297 , 169 A. 219 . 1946“A waiver may be express or implied, but in the absence of an express agreement a waiver will not be presumed or implied contrary to the intention of the party whose rights avouM be injuriously affected thereby, unless by *237 liis conduct tlie opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to”: Dougherty, Trustee, v. Thomas, Executor, 313 Pa. 287, 297 , 169 A. 219 . | 1 | 1946–1946 |
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.