somewhat different rule (Pennsylvania) · Go Syfert
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somewhat different rule in Pennsylvania

9 Pennsylvania opinions name it 4 courts 1888–2025 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.

Followed or applied (6)

CaseFollowedCited
Lake v. Hankin Groupgreen
pacommwct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See also Lake, 79 A.3d at 751, 755 (concluding the Lakes alleged a continuous trespass where construction uphill from their property caused flooding “when there has been significant rain,” and the Lakes raised “ongoing potential safety concerns as well as damage caused by continuing, periodic intrusion of the large amounts of water onto their property, along with the additional sediment deposits”).8 8 In Lake, this Court conducted a somewhat different analysis, taken from Graybill v. Providence Township, 593 A.2d 1314 (Pa. Cmwlth. 1991) (en banc): Courts have uniformly based their holdings, co

11
Graybill v. Providence Townshipgreen
pacommwct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025See also Lake, 79 A.3d at 751, 755 (concluding the Lakes alleged a continuous trespass where construction uphill from their property caused flooding “when there has been significant rain,” and the Lakes raised “ongoing potential safety concerns as well as damage caused by continuing, periodic intrusion of the large amounts of water onto their property, along with the additional sediment deposits”).8 8 In Lake, this Court conducted a somewhat different analysis, taken from Graybill v. Providence Township, 593 A.2d 1314 (Pa. Cmwlth. 1991) (en banc): Courts have uniformly based their holdings, co

11
Com. v. McCormick, E.green
pasuperct · 2024 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024Commonwealth v. Macias, 2024 WL 4891765 (Pa. Super. 2024) (non-precedential decision). -5- 323 A.3d 1271, 1273 (Pa. Super. 2024) (citation omitted).

11
Commonwealth v. Cunninghamgreen
pa · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014In his concurring opinion in Cunningham , Chief Justice Castille expressed concern over the “seeming inequity” that “arises from the fact that the prospect of an individualized, discretionary judicial determination of whether a juvenile murderer should ever be afforded parole eligibility depends solely upon the happenstance of the moment that the defendant’s conviction became final.” Cunningham, 81 A.3d at 11 (Castille, C.J., concurring).

11
Commonwealth v. Hamlingreen
pa · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1989–1989
2 sentences

1989See Hamlin, 503 Pa. at 215-216 , 469 A.2d at 139 . 3 .

1989See Hamlin, 503 Pa. at 215-216 , 469 A.2d at 139 . 3 .

11
Commonwealth v. De Rosegreen
pasuperct · 1973 · cited in 1 Pennsylvania opinions naming this issue, 1978–1978
2 sentences

1978SPAETH, Judge, concurring: I concur in the result reached by the majority but believe that in evaluating the delayed arrest we should apply a somewhat different test than does the majority, namely: “where there was an investigative justification for the delay and a strongly corroborated identification of the accused, a substantial showing of prejudice is required before a claimed denial of due process will be sustained.” Commonwealth v. De Rose, 225 Pa.Super. 8, 11 , 307 A.2d 425, 427 (1973).

1978SPAETH, Judge, concurring: I concur in the result reached by the majority but believe that in evaluating the delayed arrest we should apply a somewhat different test than does the majority, namely: “where there was an investigative justification for the delay and a strongly corroborated identification of the accused, a substantial showing of prejudice is required before a claimed denial of due process will be sustained.” Commonwealth v. De Rose, 225 Pa.Super. 8, 11 , 307 A.2d 425, 427 (1973).

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 (8)

CaseCitedYears
Rochez Bros., Inc. v. Rhoades green
ca3 · 1974
2 sentences

1996In Rochez Brothers, supra the Third Circuit emphasized that “before an insider may claim reliance on a material misrepresentation or nondisclosure, he must fulfill a duty of due care in seeking to ascertain for himself the facts relevant to a transaction.” Id., 491 F.2d at 409 . (emphasis added) However, if the plaintiff lacked an opportunity to uncover the fraud, he cannot be held to have failed to exercise due care.

1996In Rochez Brothers, supra the Third Circuit emphasized that “before an insider may claim reliance on a material misrepresentation or nondisclosure, he must fulfill a duty of due care in seeking to ascertain for himself the facts relevant to a transaction.” Id., 491 F.2d at 409 . (emphasis added) However, if the plaintiff lacked an opportunity to uncover the fraud, he cannot be held to have failed to exercise due care.

11996–1996
Philadelphia v. Litvin green
pasuperct · 1967
1 sentence

1989In Philadelphia v. Litvin, 211 Pa.Superior Ct. 204, 235 A.2d 157 (1967) the court stated: As a general rule, no statute of limitations runs against the right of a sovereign to collect its taxes.

11989–1989
Elliott v. Boyles green
pa · 1857
1 sentence

1934Although there is a somewhat different rule in many states, it has long been the rule in Pennsylvania and likewise in Massachusetts and California (2 "Wigmore on Evidence, p. 375, n, 5) that a witness may not even be cross-examined as to such former acts of misconduct: Stout v. Rassel, 2 Yeates 334 ; Elliott v. Boyles, 31 Pa. 65 ; Com. v. Williams, 209 Pa. 529 , 58 A. 922 ; Com. v. Payne, 205 Pa. 101 , 54 A. 489 ; Marshall v. Carr, 271 Pa. 271 , 114 A. 500 .

11934–1934
Commonwealth v. Williams neutral
pa · 1904
2 sentences

1934Although there is a somewhat different rule in many states, it has long been the rule in Pennsylvania and likewise in Massachusetts and California (2 "Wigmore on Evidence, p. 375, n, 5) that a witness may not even be cross-examined as to such former acts of misconduct: Stout v. Rassel, 2 Yeates 334 ; Elliott v. Boyles, 31 Pa. 65 ; Com. v. Williams, 209 Pa. 529 , 58 A. 922 ; Com. v. Payne, 205 Pa. 101 , 54 A. 489 ; Marshall v. Carr, 271 Pa. 271 , 114 A. 500 .

1934Although there is a somewhat different rule in many states, it has long been the rule in Pennsylvania and likewise in Massachusetts and California (2 "Wigmore on Evidence, p. 375, n, 5) that a witness may not even be cross-examined as to such former acts of misconduct: Stout v. Rassel, 2 Yeates 334 ; Elliott v. Boyles, 31 Pa. 65 ; Com. v. Williams, 209 Pa. 529 , 58 A. 922 ; Com. v. Payne, 205 Pa. 101 , 54 A. 489 ; Marshall v. Carr, 271 Pa. 271 , 114 A. 500 .

11934–1934
Commonwealth v. Payne green
pa · 1903
2 sentences

1934Although there is a somewhat different rule in many states, it has long been the rule in Pennsylvania and likewise in Massachusetts and California (2 "Wigmore on Evidence, p. 375, n, 5) that a witness may not even be cross-examined as to such former acts of misconduct: Stout v. Rassel, 2 Yeates 334 ; Elliott v. Boyles, 31 Pa. 65 ; Com. v. Williams, 209 Pa. 529 , 58 A. 922 ; Com. v. Payne, 205 Pa. 101 , 54 A. 489 ; Marshall v. Carr, 271 Pa. 271 , 114 A. 500 .

1934Although there is a somewhat different rule in many states, it has long been the rule in Pennsylvania and likewise in Massachusetts and California (2 "Wigmore on Evidence, p. 375, n, 5) that a witness may not even be cross-examined as to such former acts of misconduct: Stout v. Rassel, 2 Yeates 334 ; Elliott v. Boyles, 31 Pa. 65 ; Com. v. Williams, 209 Pa. 529 , 58 A. 922 ; Com. v. Payne, 205 Pa. 101 , 54 A. 489 ; Marshall v. Carr, 271 Pa. 271 , 114 A. 500 .

11934–1934
Marshall v. Carr neutral
pa · 1921
2 sentences

1934Although there is a somewhat different rule in many states, it has long been the rule in Pennsylvania and likewise in Massachusetts and California (2 "Wigmore on Evidence, p. 375, n, 5) that a witness may not even be cross-examined as to such former acts of misconduct: Stout v. Rassel, 2 Yeates 334 ; Elliott v. Boyles, 31 Pa. 65 ; Com. v. Williams, 209 Pa. 529 , 58 A. 922 ; Com. v. Payne, 205 Pa. 101 , 54 A. 489 ; Marshall v. Carr, 271 Pa. 271 , 114 A. 500 .

1934Although there is a somewhat different rule in many states, it has long been the rule in Pennsylvania and likewise in Massachusetts and California (2 "Wigmore on Evidence, p. 375, n, 5) that a witness may not even be cross-examined as to such former acts of misconduct: Stout v. Rassel, 2 Yeates 334 ; Elliott v. Boyles, 31 Pa. 65 ; Com. v. Williams, 209 Pa. 529 , 58 A. 922 ; Com. v. Payne, 205 Pa. 101 , 54 A. 489 ; Marshall v. Carr, 271 Pa. 271 , 114 A. 500 .

11934–1934
Stout v. Rassel green
pa · 1798
1 sentence

1934Although there is a somewhat different rule in many states, it has long been the rule in Pennsylvania and likewise in Massachusetts and California (2 "Wigmore on Evidence, p. 375, n, 5) that a witness may not even be cross-examined as to such former acts of misconduct: Stout v. Rassel, 2 Yeates 334 ; Elliott v. Boyles, 31 Pa. 65 ; Com. v. Williams, 209 Pa. 529 , 58 A. 922 ; Com. v. Payne, 205 Pa. 101 , 54 A. 489 ; Marshall v. Carr, 271 Pa. 271 , 114 A. 500 .

11934–1934
Hartman v. Ogborn green
pa · 1867
1 sentence

1888In Hartman v. Ogborn, 54 Pa. 120 , a married woman executed a mortgage in her maiden name.

11888–1888

Where else courts name it

TX 19 (1882–2020) CA 18 (1887–2026) NY 15 (1868–1998) GA 13 (1914–2018) PA 9 (1888–2025) IL 8 (1924–2005) IN 7 (1883–2008) KS 7 (1919–2008) IA 6 (1855–2015) WI 6 (1874–2014) WA 5 (1935–2012) MA 5 (1868–1994) MN 5 (1879–2024) NM 5 (1974–2019) OH 5 (1901–2016) AL 4 (1846–2003) MO 4 (1914–2002) CO 4 (1982–2011) MI 4 (1985–2009) TN 4 (2001–2014) WY 4 (1980–2005) NJ 3 (1896–2018) MD 3 (1979–2003) WV 3 (1919–2001) OR 3 (1915–2015) CT 3 (1878–2000) UT 3 (1990–2025) DE 3 (1935–1980) AR 2 (1927–1944) OK 2 (1928–1987) VA 2 (1884–1900) FL 2 (2004–2013) NE 2 (1925–1953) VT 2 (1894–2020) AK 2 (1989–2010) NC 2 (1993–1999) NH 2 (1975–1989) ND 2 (1916–1976) DC 2 (2006–2023)

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.

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