9 Pennsylvania opinions name it 3 courts 1993–2024 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 |
|---|---|---|
Holt v. 2011 Legislative Reapportionment Commissiongreen2 sentences2018See Holt, 620 Pa. at 383 , 67 A.3d at 1217 (explaining that the unsuccessful challenge to the 2012 state legislative reapportionment plan,was brought by voters "who live in the Commonwealth’s wards, municipalities, and counties the [2012 Final Plan] split, often multiple times, to form Senate and House of Representatives Districts”), This cirtíumstance appears particularly troublesome because, although the state charter speaks directly to .the constraints for state legislative districts, it does riot mention congressional districts at all.' . ■ Notably, this Court has previously recognized the 2018See Holt, 620 Pa. at 383 , 67 A.3d at 1217 (explaining that the unsuccessful challenge to the 2012 state legislative reapportionment plan,was brought by voters "who live in the Commonwealth’s wards, municipalities, and counties the [2012 Final Plan] split, often multiple times, to form Senate and House of Representatives Districts”), This cirtíumstance appears particularly troublesome because, although the state charter speaks directly to .the constraints for state legislative districts, it does riot mention congressional districts at all.' . ■ Notably, this Court has previously recognized the | 2 | 2 |
Winston v. Mooregreen2 sentences2024Next, citing its decision in Winston, 91 A. 520 , which involved an unsuccessful challenge under the free and equal elections clause to an act of the 35 Patterson v. Barlow, 60 Pa. 54, 74-75 (1869), involved a challenge to an act of the legislature that established eligibility qualifications for electors to vote in all elections held in Philadelphia, and it specified the manner in which those elections were to be conducted. 36 League of Women Voters, 178 A.3d 737 , involved a constitutional challenge to Pennsylvania’s 2011 congressional redistricting plan. 2024Therefore, the Court held that the plan violated the free and equal elections clause because “a diluted vote is not an equal vote.” 181 A.3d at 1084 . 70 Next citing its decision in Winston, 91 A. 520 , which involved an unsuccessful challenge under the free and equal elections clause to an act of the legislature that set standards regulating the nominations and elections for judges and elective offices in the City of Philadelphia, the Court noted it nevertheless prescribed in that case that elections shall be “free and equal” within the meaning of the Constitution when they are public and ope | 1 | 2 |
Patterson v. Barlowgreen1 sentence2024Next, citing its decision in Winston, 91 A. 520 , which involved an unsuccessful challenge under the free and equal elections clause to an act of the 35 Patterson v. Barlow, 60 Pa. 54, 74-75 (1869), involved a challenge to an act of the legislature that established eligibility qualifications for electors to vote in all elections held in Philadelphia, and it specified the manner in which those elections were to be conducted. 36 League of Women Voters, 178 A.3d 737 , involved a constitutional challenge to Pennsylvania’s 2011 congressional redistricting plan. | 1 | 1 |
Shankey v. STAISEYgreen1 sentence2024League of Women Voters, 178 A.3d at 810 (quoting Winston, 91 A. at 523 (emphasis added));53 see also Banfield, 922 A.2d at 48 (citing same standard); Shankey v. Staisey, 257 A.2d 897, 899 (Pa. 1969) (utilizing Winston’s interpretation of free and equal elections clause, Court rejected third-party candidates’ claim that election statute wrongfully equated public petitions with secret ballots so as to deny ballots of people who voted for third-party candidates the same weight as the ballots of people who voted for major party candidates, because statute promoted equal elections by requiring all | 1 | 1 |
Township of South Whitehall v. Karolygreen2 sentences2021In its Rule 1925(a) opinion, the trial court opined that the hours spent by a plaintiff in litigating an “unsuccessful claim should be excluded in considering the amount of a reasonable fee” only where the unsuccessful claim is “distinct in all respects from his successful claims.” Trial Court Opinion, 2/19/21, at 15 (quoting Township of South Whitehall v. Karoly, 891 A.2d 780, 786 (Pa. Cmwlth. 2006)). 2021In addition, the court reasoned that “[o]nly where the plaintiff has ‘limited success’ in her claim should the trial court reduce her attorney fee award to be proportional to her legal victory.” Id. at 16 (quoting Karoly, 891 A.2d at 786 ). | 1 | 1 |
Erfer v. Commonwealthgreen2 sentences2018See Erfer v. Commonwealth, 568 Pa. 128 , 142 n.4, 794 A.2d 325 , 334 n.4 (2002). 2018See Erfer v. Commonwealth, 568 Pa. 128 , 142 n.4, 794 A.2d 325 , 334 n.4 (2002). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
League of Women Voters of PA v. Cmwlth
green
2 sentences2024Next, citing its decision in Winston, 91 A. 520 , which involved an unsuccessful challenge under the free and equal elections clause to an act of the 35 Patterson v. Barlow, 60 Pa. 54, 74-75 (1869), involved a challenge to an act of the legislature that established eligibility qualifications for electors to vote in all elections held in Philadelphia, and it specified the manner in which those elections were to be conducted. 36 League of Women Voters, 178 A.3d 737 , involved a constitutional challenge to Pennsylvania’s 2011 congressional redistricting plan. 2024League of Women Voters, 178 A.3d at 810 (quoting Winston, 91 A. at 523 (emphasis added));53 see also Banfield, 922 A.2d at 48 (citing same standard); Shankey v. Staisey, 257 A.2d 897, 899 (Pa. 1969) (utilizing Winston’s interpretation of free and equal elections clause, Court rejected third-party candidates’ claim that election statute wrongfully equated public petitions with secret ballots so as to deny ballots of people who voted for third-party candidates the same weight as the ballots of people who voted for major party candidates, because statute promoted equal elections by requiring all | 2 | 2024–2024 |
League of Women Voters of Pa. v. Com. of Pa.
green
1 sentence2024Therefore, the Court held that the plan violated the free and equal elections clause because “a diluted vote is not an equal vote.” 181 A.3d at 1084 . 70 Next citing its decision in Winston, 91 A. 520 , which involved an unsuccessful challenge under the free and equal elections clause to an act of the legislature that set standards regulating the nominations and elections for judges and elective offices in the City of Philadelphia, the Court noted it nevertheless prescribed in that case that elections shall be “free and equal” within the meaning of the Constitution when they are public and ope | 1 | 2024–2024 |
Banfield v. Cortes
green
1 sentence2024League of Women Voters, 178 A.3d at 810 (quoting Winston, 91 A. at 523 (emphasis added));53 see also Banfield, 922 A.2d at 48 (citing same standard); Shankey v. Staisey, 257 A.2d 897, 899 (Pa. 1969) (utilizing Winston’s interpretation of free and equal elections clause, Court rejected third-party candidates’ claim that election statute wrongfully equated public petitions with secret ballots so as to deny ballots of people who voted for third-party candidates the same weight as the ballots of people who voted for major party candidates, because statute promoted equal elections by requiring all | 1 | 2024–2024 |
Ambrose v. Citizens National Bank of Evans City
green
2 sentences2023Bank of Evans City, 5 A.3d 413 (Pa. Super. 2010), where we observed that when a defendant repeatedly unsuccessfully challenges the award of counsel fees, the plaintiff “must be entitled to the attorneys’ fees incurred in rebuffing the unsuccessful challenge.” Id. at 423 . 2023Bank of Evans City, 5 A.3d 413 (Pa. Super. 2010), where we observed that when a defendant repeatedly unsuccessfully challenges the award of counsel fees, the plaintiff “must be entitled to the attorneys’ fees incurred in rebuffing the unsuccessful challenge.” Id. at 423 . | 1 | 2023–2023 |
Rae v. PA FUNERAL DIRECTORS ASS'N
green
1 sentence2011Rae, 602 Pa. at 78 n. 13, 977 A.2d at 1129 n. 13. | 1 | 2011–2011 |
Rae v. Pennsylvania Funeral Directors Ass'n
green
1 sentence2011Rae, 602 Pa. at 78 n. 13, 977 A.2d at 1129 n. 13. | 1 | 2011–2011 |
Lockhart v. McCree
green
2 sentences2002Furthermore, the United States Supreme Court has recognized that residual doubt may be an effective mitigator, see Lockhart v. McCree, 476 U.S. 162, 181 , 106 S.Ct. 1758, 1769 , 90 L.Ed.2d 137 (1986), 7 and this Court has similarly acknowledged that emphasis of residual doubt may constitute a reasonable penalty-phase strategy. 2002Furthermore, the United States Supreme Court has recognized that residual doubt may be an effective mitigator, see Lockhart v. McCree, 476 U.S. 162, 181 , 106 S.Ct. 1758, 1769 , 90 L.Ed.2d 137 (1986), 7 and this Court has similarly acknowledged that emphasis of residual doubt may constitute a reasonable penalty-phase strategy. | 1 | 2002–2002 |
Serefeas v. Nationwide Insurance
green
2 sentences1993In Serefeas v. Nationwide Insurance Co., 338 Pa.Super. 587 , 488 A.2d 48 (1985), without specifically addressing the jurisdiction issue, this Court and the trial court entertained the same type of challenge as the one before us. 1993In Serefeas v. Nationwide Insurance Co., 338 Pa.Super. 587 , 488 A.2d 48 (1985), without specifically addressing the jurisdiction issue, this Court and the trial court entertained the same type of challenge as the one before us. | 1 | 1993–1993 |
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.