9 Pennsylvania opinions name it 3 courts 2005–2026 3 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 |
|---|---|---|
Commonwealth v. Nelsongreen2 sentences2005“In interpreting [the remedies clause], we should remember that no one ‘has a vested right in the continued existence of an immutable body of negligence law... .[T]he practical result of a [contrary] conclusion would be the stagnation of the law in the face of changing societal conditions.’ ” Id. at 279-80 , 382 A.2d at 720 . 2005“In interpreting [the remedies clause], we should remember that no one ‘has a vested right in the continued existence of an immutable body of negligence law... .[T]he practical result of a [contrary] conclusion would be the stagnation of the law in the face of changing societal conditions.’ ” Id. at 279-80 , 382 A.2d at 720 . | 2 | 3 |
Konidaris v. Portnoff Law Associates, Ltd.green2 sentences2019In crafting the jurisprudence surrounding the remedies clause in this way, we diverged from a quid pro quo analysis of the remedies clause, where “we originally required the legislature to provide a substitute remedy anytime it eliminated a remedy.” Konidaris v. Portnoff Law Assocs., 953 A.2d 1231, 1240 (Pa. 2008).12 This line of cases represented a shift away from treating the constitutional protections inherent in the remedies clause as a fundamental right. 2017See also Konidaris v. Portnoff Law Associates, Ltd., 598 Pa. 55 , 953 A.2d 1231, 1242 (2008) (recognizing extension of the remedies clause to defenses). | 2 | 2 |
Kelly v. Brenner, Receiver of Taxesgreen1 sentence2019Compare id., and Freezer Storage, 382 A.2d at 721 , with Kelly v. Brenner, 175 A. 845, 847 (Pa. 1934) (describing the right to a remedy and open courts as a “fundamental right[] which should not be infringed upon, unless no other course is reasonably possible”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Smith
green
1 sentence2026Appellant presents the following issues for our review: 1. [Whether] the habeas court erred and abused its discretion in claiming that a remedies clause challenge to legislative enactments is cognizable under the [PCRA,] when such a claim materially conflicts with the act and [the Superior Court’s] pronouncement in Com. v. Smith, 194 A.3d 126 [ (Pa. Super. ____________________________________________ 4 See Commonwealth v. Taylor, 283 A.3d 178 , 188-89 (Pa. 2022) (“[T]he PCRA subsumes the writ of habeas corpus with respect to remedies offered under the PCRA. … [T]he writ continues to exist as a | 1 | 2026–2026 |
Commonwealth v. West
green
1 sentence2026Appellant presents the following issues for our review: 1. [Whether] the habeas court erred and abused its discretion in claiming that a remedies clause challenge to legislative enactments is cognizable under the [PCRA,] when such a claim materially conflicts with the act and [the Superior Court’s] pronouncement in Com. v. Smith, 194 A.3d 126 [ (Pa. Super. ____________________________________________ 4 See Commonwealth v. Taylor, 283 A.3d 178 , 188-89 (Pa. 2022) (“[T]he PCRA subsumes the writ of habeas corpus with respect to remedies offered under the PCRA. … [T]he writ continues to exist as a | 1 | 2026–2026 |
W. Watt v. WCAB (Boyd Brothers Transportation)
green
1 sentence2025Relying on Watt v. Workers’ Compensation Appeal Board (Boyd Brothers Transportation), 123 A.3d 1155 (Pa. Cmwlth. 2015), Claimant avers that this language constitutes a binding choice of law provision requiring litigation of this workers’ compensation claim in Pennsylvania. | 1 | 2025–2025 |
Friends of Pennsylvania Leadership Charter School v. Chester County Board of Assessment Appeals
green
2 sentences2014Friends of Pennsylvania Leadership Charter School v. Chester County Board of Assessment Appeals, 61 A.3d 354 (Pa. Cmwlth.2013). 2014Friends of Pennsylvania Leadership Charter School v. Chester County Board of Assessment Appeals, 61 A.3d 354 (Pa. Cmwlth.2013). | 1 | 2014–2014 |
Ieropoli v. AC&S CORP.
green
2 sentences2010Ieropoli v. AC & S Corp., 577 Pa. 138 , 842 A.2d 919 (2004). [3] Specifically, we held that the statute was unconstitutional as applied to complaints filed before its effective date because the statute extinguished already existing causes of action. 2010Ieropoli v. AC & S Corp., 577 Pa. 138 , 842 A.2d 919 (2004). [3] Specifically, we held that the statute was unconstitutional as applied to complaints filed before its effective date because the statute extinguished already existing causes of action. | 1 | 2010–2010 |
Weaver v. Harpster
green
2 sentences2009The Superior Court found that because sex discrimination is prohibited under the PHRA and the Equal Rights Amendment, it constitutes “a legal injury whose recompense is mandated by the remedies clause, Article I, Section 11, of the Pennsylvania Constitution.” Weaver, 885 A.2d at 1077 . 2009The Superior Court found that because sex discrimination is prohibited under the PHRA and the Equal Rights Amendment, it constitutes "a legal injury whose recompense is mandated by the remedies clause, Article I, Section 11, of the Pennsylvania Constitution." Weaver, 885 A.2d at 1077 . | 1 | 2009–2009 |
Griffin v. Southeastern Pennsylvania Transportation Authority
green
2 sentences2005Auth., 757 A.2d 448 (Pa.Cmwlth.2000), and cases cited therein (re *1064 jecting fundamental right claim, and finding statutory cap on damages against the Commonwealth does not offend due process or equal protection clauses under intermediate standard of review.) The Pennocks attempt to distinguish James by arguing that since the remedies clause contains no reservation to the Commonwealth to determine which suits may be brought against private entities, such right must be unqualified. 2005James; Smith, 512 Pa. at 134 , 516 A.2d at 309 ; Griffin, 757 A.2d at 451 . | 1 | 2005–2005 |
Smith v. City of Philadelphia
green
2 sentences2005James; Smith, 512 Pa. at 134 , 516 A.2d at 309 ; Griffin, 757 A.2d at 451 . 2005James; Smith, 512 Pa. at 134 , 516 A.2d at 309 ; Griffin, 757 A.2d at 451 . | 1 | 2005–2005 |
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.