potentially meritorious defense (Pennsylvania) · Go Syfert
← Pennsylvania issues

potentially meritorious defense in Pennsylvania

9 Pennsylvania opinions name it 2 courts 1985–2024 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.

Followed or applied (6)

CaseFollowedCited
Attix v. Lehmangreen
pasuperct · 2007 · cited in 3 Pennsylvania opinions naming this issue, 2014–2020
2 sentences

2014As well, Appellants fairly call our attention to our decision in Attix v. Lehman, 925 A.2d 864 (Pa.Super.2007), in which we accepted a broadly worded answer as sufficient to set forth a potentially meritorious defense, noting that “[t]here is no requirement that the answer attached to a petition to open be any more specific than the typical broad answer to a complaint.” Id. at 867 .

2014As well, Appellants fairly call our attention to our decision in Attix v. Lehman, 925 A.2d 864 (Pa.Super.2007), in which we accepted a broadly worded answer as sufficient to set forth a potentially meritorious defense, noting that “[t]here is no requirement that the answer attached to a petition to open be any more specific than the typical broad answer to a complaint.” Id. at 867 .

23
Stabley v. Great Atlantic & Pacific Tea Co.green
pasuperct · 2014 · cited in 2 Pennsylvania opinions naming this issue, 2020–2020
2 sentences

2020Tea Co., 89 A.3d 715, 720 (Pa. Super. 2014) (finding general averment of comparative negligence in answer and new matter, in conjunction with assertions made by defendants at hearing on petition to open default judgment, satisfied meritorious-defense prong), quoting Attix v. Lehman, 925 A.2d 864, 867 (Pa. Super. 2007) (concluding “broad averments of contributory negligence in defendant’s -2- J-A13021-20 answer and new matter [attached to a petition to open default judgment were] sufficient to plead a meritorious defense”); see also KWS’s Brief at 37-42.

2020Tea Co., 89 A.3d 715, 720 (Pa. Super. 2014) (finding general averment of comparative negligence in answer and new matter, in conjunction with assertions made by defendants at hearing on petition to open default judgment, satisfied meritorious-defense prong), quoting Attix v. Lehman, 925 A.2d 864, 867 (Pa. Super. 2007) (concluding “broad averments of contributory negligence in defendant’s -2- J-A13021-20 answer and new matter [attached to a petition to open default judgment were] sufficient to plead a meritorious defense”); see also KWS’s Brief at 37-42.

22
Commonwealth, Aplt v. Descaresgreen
pa · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Commonwealth v. Descardes, 101 A.3d 105, 109 (Pa. Super. 2014), vacated, 136 A.3d 493 (Pa. 2016).

11
Commonwealth v. Descardesgreen
pasuperct · 2014 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Commonwealth v. Descardes, 101 A.3d 105, 109 (Pa. Super. 2014), vacated, 136 A.3d 493 (Pa. 2016).

11
Commonwealth v. Albrechtgreen
pa · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
1 sentence

2015See Albrecht, 720 A.2d at 701 ; Ballem, 482 A.2d at 1324 .

11
Commonwealth v. Andersongreen
pa · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1993–1993
2 sentences

1993See: Commonwealth v. Anderson, 501 Pa. 275, 287 , 461 A.2d 208, 214 (1983); Commonwealth v. Carter, supra at *489 197, 597 A.2d at 1162 .

1993See: Commonwealth v. Anderson, 501 Pa. 275, 287 , 461 A.2d 208, 214 (1983); Commonwealth v. Carter, supra at *489 197, 597 A.2d at 1162 .

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
Commonwealth v. Breisch green
pasuperct · 1998
1 sentence

2024Commonwealth v. Breisch, 719 A.2d 352 (Pa. Super. 1998), on which Appellant relies, does not support his contention that his PCRA petition set forth a potentially meritorious claim that counsel was ineffective in advising him not to testify.

12024–2024
Commonwealth v. Ballem green
pasuperct · 1984
1 sentence

2015See Albrecht, 720 A.2d at 701 ; Ballem, 482 A.2d at 1324 .

12015–2015
Terry v. Ohio green
scotus · 1968
1 sentence

2015Id. at 11-12 .

12015–2015
Commonwealth v. Carter green
pasuperct · 1991
1 sentence

1993See: Commonwealth v. Anderson, 501 Pa. 275, 287 , 461 A.2d 208, 214 (1983); Commonwealth v. Carter, supra at *489 197, 597 A.2d at 1162 .

11993–1993
Commonwealth v. Abney green
pa · 1976
2 sentences

1985Similarly, in Commonwealth v. Abney, 465 Pa. 304 , 350 A.2d 407 (1976), on which appellant also relies, counsel rejected an opportunity to interview and present the testimony of eyewitnesses to a homicide where counsel was aware that their testimony would have exculpated his client.

1985Similarly, in Commonwealth v. Abney, 465 Pa. 304 , 350 A.2d 407 (1976), on which appellant also relies, counsel rejected an opportunity to interview and present the testimony of eyewitnesses to a homicide where counsel was aware that their testimony would have exculpated his client.

11985–1985

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9545 (3)

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.

Where else courts name it

NY 1321 (1978–2026) CA 200 (1979–2026) TX 177 (2008–2026) HI 136 (1981–2026) IL 15 (1999–2025) MI 9 (1991–2022) PA 9 (1985–2024) CO 8 (1984–2023) OH 6 (2006–2024) MD 5 (1982–2013) ME 5 (2005–2023) WA 4 (2001–2015) FL 2 (1997–2004) IA 2 (2017–2018) KY 2 (2025–2025)

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.

← Caselaw search · G Cite Topics · Brief Check