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9 Pennsylvania opinions name it 3 courts 1969–2019 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 |
|---|---|---|
WURTH BY WURTH v. City of Philadelphiagreen2 sentences2019(Id. ¶¶ 13-15, 34-35 (citing Davis, 660 A.2d at 159 n.2; Wurth v. City of Philadelphia, 584 A.2d 403, 406-07 (Pa. Cmwlth. 1990)).) He further asserts the statute of limitations PO should be overruled under the doctrine of fraudulent concealment, which tolls the running of the statute of limitations, as a 8 result of Counselor telling Johnson in July 2013 that the Act 84 deductions were lawful. 1992In a similar case, this Court held that “preliminary *24 objections raising the immunity defense may be considered if the opposing party waives the procedural defect.” Wurth v. City of Philadelphia, 136 Pa. Commonwealth Ct. 629, 638 , 584 A.2d 403, 407 (1990). | 2 | 2 |
Combs v. Borough of Ellsworthgreen2 sentences2014The minor plaintiff “failed to procedurally challenge the propriety of the School District’s raising the immunity by way of preliminary objections.” Combs, 615 A.2d at 463 . 2014The Court first acknowledged the cases which held that “preliminary objections raising the immunity defense may be considered if the opposing party waives the procedural defect.” Combs, 615 A.2d at 463 (emphasis added.) The Court, however, rejected this approach and held: Even if, in the present matter, this defect had not been waived by appellants, the Court traditionally has reasoned that: the affirmative defense of governmental immunity may be raised by preliminary objections in the nature of a demurrer where that defense is apparent on the face of the pleading; that is, that a cause of act | 1 | 1 |
Commonwealth v. Bonomogreen2 sentences1992See Commonwealth v. Bonomo, 396 Pa. 222 , 151 A.2d 441 (1959). 1992See Commonwealth v. Bonomo, 396 Pa. 222 , 151 A.2d 441 (1959). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Freach v. Commonwealth
green
2 sentences2014Freach v. Commonwealth, 471 Pa. 558 , 564-65 n. 6, 370 A.2d 1163 , 1166-67 n. 6 (1977); Swartz v. Masloff, 62 Pa.Commonwealth Ct. [Pa.Cmwlth] 522, 437 A.2d 472 (1981). 2014Freach v. Commonwealth, 471 Pa. 558 , 564-65 n. 6, 370 A.2d 1163 , 1166-67 n. 6 (1977); Swartz v. Masloff, 62 Pa.Commonwealth Ct. [Pa.Cmwlth] 522, 437 A.2d 472 (1981). | 2 | 1986–2014 |
Swartz v. Masloff
green
2 sentences2014Freach v. Commonwealth, 471 Pa. 558 , 564-65 n. 6, 370 A.2d 1163 , 1166-67 n. 6 (1977); Swartz v. Masloff, 62 Pa.Commonwealth Ct. [Pa.Cmwlth] 522, 437 A.2d 472 (1981). 1986Freach v. Commonwealth, 471 Pa. 558 , 564-65 n. 6, 370 A.2d 1163 , 1166-67 n. 6 (1977); Swartz v. Masloff, 62 Pa. Commonwealth Ct. 522 , 437 A.2d 472 (1981). | 2 | 1986–2014 |
Davis v. Commonwealth
green
1 sentence2019(Id. ¶¶ 13-15, 34-35 (citing Davis, 660 A.2d at 159 n.2; Wurth v. City of Philadelphia, 584 A.2d 403, 406-07 (Pa. Cmwlth. 1990)).) He further asserts the statute of limitations PO should be overruled under the doctrine of fraudulent concealment, which tolls the running of the statute of limitations, as a 8 result of Counselor telling Johnson in July 2013 that the Act 84 deductions were lawful. | 1 | 2019–2019 |
Farinacci v. Beaver County Industrial Development Authority
green
2 sentences1992Farinacci v. Beaver County Industrial Development Authority, 510 Pa. 589 , 511 A.2d 757 (1986). 2 . 1992Farinacci v. Beaver County Industrial Development Authority, 510 Pa. 589 , 511 A.2d 757 (1986). 2 . | 1 | 1992–1992 |
Johnson v. Zerbst
green
2 sentences1980Where a waiver of a basic right is involved the record must clearly demonstrate “an intentional relinquishment or abandonment of a known right or privilege.” See e. g., Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed.2d 1461 (1938). 1980Where a waiver of a basic right is involved the record must clearly demonstrate “an intentional relinquishment or abandonment of a known right or privilege.” See e. g., Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed.2d 1461 (1938). | 1 | 1980–1980 |
Commonwealth v. Clair
green
2 sentences1980The failure to interpose an objection is clearly the type of factor which raises a question of issue preservation and it is not one of the concerns relevant in a determination as to the appropriateness of retroactive application. 10 The basic principle of issue preservation, which was espoused in Commonwealth v. Clair, 458 Pa. 418 , 326 A.2d 272 (1974), has been incorporated into the rules of procedure governing the actions before our courts. 11 Specifically, Criminal Procedure Rule 1119(b) regarding requests for instructions and the charge to the jury, states: *106 (b) No portions of the char 1980The failure to interpose an objection is clearly the type of factor which raises a question of issue preservation and it is not one of the concerns relevant in a determination as to the appropriateness of retroactive application. 10 The basic principle of issue preservation, which was espoused in Commonwealth v. Clair, 458 Pa. 418 , 326 A.2d 272 (1974), has been incorporated into the rules of procedure governing the actions before our courts. 11 Specifically, Criminal Procedure Rule 1119(b) regarding requests for instructions and the charge to the jury, states: *106 (b) No portions of the char | 1 | 1980–1980 |
Ziemba v. Hagerty
green
2 sentences1971Such is not the case here, and the defense must be raised in accordance with the provisions of Rule 1030.” 436 Pa. at 180-81 , 259 A. 2d at 876 . 1971Such is not the case here, and the defense must be raised in accordance with the provisions of Rule 1030.” 436 Pa. at 180-81 , 259 A. 2d at 876 . | 1 | 1971–1971 |
Brown v. Hahn
green
1 sentence1969The amendment to Rule 1017(b), Pennsylvania Rules of Civil Procedure promulgated by this Court to take effect on September 1, 1969, has resolved this apparent conflict in favor of the view expressed in Brown v. Hahn, supra. That Rule permits the raising of the defense of the statute of limitations by preliminary objections only where the statute of limitations is not waivable. | 1 | 1969–1969 |
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.