noted rule (Pennsylvania) · Go Syfert
← Pennsylvania issues

noted rule in Pennsylvania

60 Pennsylvania opinions name it 4 courts 1936–2025 8 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 (21)

CaseFollowedCited
In Re Adoption of Hessgreen
pa · 1992 · cited in 1 Pennsylvania opinions naming this issue, 2022–2022
1 sentence

2022See Hess, 608 A.2d at 14 , citing 23 Pa.C.S. §2713(2) (“[T]he court, in its discretion, may dispense with consents other than that of the adoptee . . . when … the adoptee is under 18 years of age and has no parent living whose consent is required.”).

11
Commonwealth v. Mourygreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2021–2021
1 sentence

2021The court noted the presumption that arises with the preparation and filing of a PSI, i.e., that the court is “aware of relevant information regarding the defendant’s character and weighed those considerations along with mitigating statutory factors.” Id. (quoting Commonwealth v. Moury, 992 A.2d 162, 172 (Pa. Super. 2010)).

11
Commonwealth v. Atanasiogreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Although Appellant’s brief, at 5, uses the word “excessive” in a quote from Commonwealth v. Atanasio, 997 A.2d 1181, 1183 (Pa. Super. 2010), the brief does not otherwise argue that the amount of restitution was excessive, and nothing else in the brief implies that Appellant is challenging the discretionary aspects of his sentence of restitution.

11
Commonwealth v. Walkergreen
pasuperct · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Relying upon Commonwealth v. Reed, 543 A.2d 587, 589 (Pa. Super. ____________________________________________ 6 This Court noted an exception for “challenges alleging that a sentence of restitution is excessive under the circumstance[,]” which would, instead, be considered “challenges to the discretionary aspects of sentencing.” Walker, 666 A.2d at 307 (citations omitted).

11
Commonwealth v. Reedgreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Relying upon Commonwealth v. Reed, 543 A.2d 587, 589 (Pa. Super. ____________________________________________ 6 This Court noted an exception for “challenges alleging that a sentence of restitution is excessive under the circumstance[,]” which would, instead, be considered “challenges to the discretionary aspects of sentencing.” Walker, 666 A.2d at 307 (citations omitted).

11
Reardon v. Allegheny Collegegreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017Co., 83 A.3d 418 (Pa.Super. 2013) (quoting Reardon v. Allegheny College, 926 A.2d 477, 486 (Pa.Super. 2007), this Court noted that the doctrine forecloses tort claims “(1) arising solely from the contractual relationship between the parties; (2) when the alleged duties breached were grounded in the contract itself; (3) where any liability stems from the contract; and (4) when the tort claim essentially duplicates the breach of contract claim or where the success of the tort claim is dependent on the success of the breach of contract claim.” - 24 - J-A14016-17 causing water to leak into homes a

11
Commonwealth v. Forbesgreen
pa · 1973 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
2 sentences

2015See id.

2015See id.

11
Walls v. Phoenix Insurancegreen
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
11
Cipollone v. Liggett Group, Inc.green
scotus · 1992 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
11
Kiak v. Crown Equipment Corp.green
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
11
Fetterman v. Greengreen
pasuperct · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2013–2013
11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2012–2012
11
Lefkowitz v. Cunninghamgreen
scotus · 1977 · cited in 1 Pennsylvania opinions naming this issue, 2012–2012
11
Minnesota v. Murphygreen
scotus · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2012–2012
11
Huntley & Huntley, Inc. v. Council of Oakmontgreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
11
Stewart v. Rossigreen
pasuperct · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2009–2009
11
Excavation Technologies, Inc. v. Columbia Gas Co. of Pennsylvaniagreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2009–2009
11
Commonwealth v. Chamberlaingreen
pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006
11
Commonwealth v. Arroyogreen
pa · 1999 · cited in 1 Pennsylvania opinions naming this issue, 2003–2003
11
Hiscott and Robinson v. Kinggreen
pasuperct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
11
Akron Borough v. Pennsylvania Public Utility Commissiongreen
pa · 1973 · cited in 1 Pennsylvania opinions naming this issue, 1990–1990
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 (59)

CaseCitedYears
Cangemi Ex Rel. Estate of Cangemi v. Cone green
pasuperct · 2001
2 sentences

2018Estate of Cangemi v. Cone, 774 A.2d 1262 , 1265 (Pa. Super. 2001)).

2018Estate of Cangemi v. Cone , 774 A.2d 1262 , 1265 (Pa. Super. 2001) ).

22018–2018
Criswell v. King green
pa · 2003
2 sentences

2018Id. at 364 (citing Criswell , 834 A.2d at 512 ).

2018Id. at 364 (citing Criswell , 834 A.2d at 512 ).

22018–2018
Stapas, J. v. Giant Eagle, Inc. green
pasuperct · 2016
2 sentences

2018Further, the court noted a claim that the verdict was against the weight of the evidence warrants a new trial only "where the verdict is so contrary to the evidence it shocks one's sense of justice." Id. (quoting Cangemi ex rel.

2018Further, the court noted a claim that the verdict was against the weight of the evidence warrants a new trial only "where the verdict is so contrary to the evidence it shocks one's sense of justice." Id. (quoting Cangemi ex rel.

22018–2018
Commonwealth v. Roberts green
pasuperct · 2009
2 sentences

2025The Court noted that this test involves consideration of factors such as the duration and conditions attendant to the interview, and the attitude of the interviewer, as well as any other factors “that could drain a person’s ability to withstand coercion.” Id. at *5 (citing Roberts, 969 A.2d at 599 ).

2025The Court noted that this test involves consideration of factors such as the duration and conditions attendant to the interview, and the attitude of the interviewer, as well as any other factors “that could drain a person’s ability to withstand coercion.” Id. at *5 (citing Roberts, 969 A.2d at 599 ).

12025–2025
M & D Auto Body v. Workmen's Compensation Appeal Board green
pacommwct · 1991
1 sentence

2025M & D Auto Body, 599 A.2d at 1019 .

12025–2025
Simone, N. v. Zakiul Alam, M. green
pasuperct · 2023
1 sentence

2025Id.

12025–2025
Commonwealth v. Kriegler green
pasuperct · 2015
1 sentence

2024Id. at 14 (citing Commonwealth v. Kriegler, 127 A.3d 840 (Pa.Super. 2015)).

12024–2024
Commonwealth v. Johnson green
pa · 1995
1 sentence

2021Id.

12021–2021
Com. v. Johnson, D. green
pasuperct · 2019
1 sentence

2021Discussing the evolution of case law with regard to application of the compulsory joinder rule, the Court noted that the rule was mandated under the Court’s “supervisory powers,” id. 247 A.3d at 983, that the statutory scheme of compulsory joinder was derived from principles of the Model Penal Code, id., and that the Justices’ “intent was generally to require summary and greater offenses arising out of single criminal episodes to be consolidated in the common pleas courts.” Id. at 984.

12021–2021
Township of Exeter v. Zoning Hearing Board green
pa · 2009
1 sentence

2020First Trial Court Decision The trial court noted that analysis of whether a particular zoning ordinance creates a de facto prohibition on a particular use is guided by the two-part test established by our Supreme Court in Township of Exeter v. Zoning Hearing Board of Exeter Township, 962 A.2d 653 (Pa. 2009).11 R.R. at 602a.

12020–2020
Commonwealth v. Boyle green
pasuperct · 1999
1 sentence

2018Id.

12018–2018
Stafford v. Workers' Compensation Appeal Board green
pacommwct · 2007
1 sentence

2018Stafford, 933 A.2d at 143 n.7.

12018–2018
In Re Estate of Pedrick green
pa · 1984
2 sentences

2017There, the Court noted that the doctrine of unclean hands “is derived from the unwillingness of a court to give relief to a suitor who has so conducted himself as to shock the moral sensibilities of the judge, and it has nothing to do with the rights or liabilities of the parties.” Id.

2017The doctrine’s applicability is limited, however, and “does not bar relief to a party merely because his conduct in general has been shown not to be blameless; the doctrine only applies where the wrongdoing directly affects the relationship subsisting between the parties and is directly connected with the matter in controversy.” Id.

12017–2017
Indalex Inc. v. National Union Fire Insurance green
pasuperct · 2013
1 sentence

2017Co., 83 A.3d 418 (Pa.Super. 2013) (quoting Reardon v. Allegheny College, 926 A.2d 477, 486 (Pa.Super. 2007), this Court noted that the doctrine forecloses tort claims “(1) arising solely from the contractual relationship between the parties; (2) when the alleged duties breached were grounded in the contract itself; (3) where any liability stems from the contract; and (4) when the tort claim essentially duplicates the breach of contract claim or where the success of the tort claim is dependent on the success of the breach of contract claim.” - 24 - J-A14016-17 causing water to leak into homes a

12017–2017
Commonwealth v. Ferguson green
pasuperct · 2015
1 sentence

2017While the teenage victims’ recollections of the abuse were “not perfect,” it “found their testimony credible and persuasive.” Id.

12017–2017
Hennebont Co. v. Kroger Co. green
pasuperct · 1972
2 sentences

2016Citing this Court’s decision in Dixon v, Fuller, 196 Pa. 349 , 46 A. 553 (1900), and its own decision in Hennebont Co. v. Kroger Co., 221 Pa.Super. 65 , 289 A.2d 229 (1972), the court noted that the doctrine of estoppel by deed is well established in this Commonwealth, and concluded that, pursuant thereto, “[Appellants] are barred from denying that the Lease covers all 62 acres of the leased premises.” Shedden, 88 A.3d at 233 .

2016Citing this Court’s decision in Dixon v, Fuller, 196 Pa. 349 , 46 A. 553 (1900), and its own decision in Hennebont Co. v. Kroger Co., 221 Pa.Super. 65 , 289 A.2d 229 (1972), the court noted that the doctrine of estoppel by deed is well established in this Commonwealth, and concluded that, pursuant thereto, “[Appellants] are barred from denying that the Lease covers all 62 acres of the leased premises.” Shedden, 88 A.3d at 233 .

12016–2016
Dixon v. Fuller green
pa · 1900
2 sentences

2016Citing this Court’s decision in Dixon v, Fuller, 196 Pa. 349 , 46 A. 553 (1900), and its own decision in Hennebont Co. v. Kroger Co., 221 Pa.Super. 65 , 289 A.2d 229 (1972), the court noted that the doctrine of estoppel by deed is well established in this Commonwealth, and concluded that, pursuant thereto, “[Appellants] are barred from denying that the Lease covers all 62 acres of the leased premises.” Shedden, 88 A.3d at 233 .

2016Citing this Court’s decision in Dixon v, Fuller, 196 Pa. 349 , 46 A. 553 (1900), and its own decision in Hennebont Co. v. Kroger Co., 221 Pa.Super. 65 , 289 A.2d 229 (1972), the court noted that the doctrine of estoppel by deed is well established in this Commonwealth, and concluded that, pursuant thereto, “[Appellants] are barred from denying that the Lease covers all 62 acres of the leased premises.” Shedden, 88 A.3d at 233 .

12016–2016
Commonwealth v. Kidd green
pasuperct · 1982
1 sentence

2016Id.

12016–2016
Shedden v. Anadarko E & P Co. neutral
pasuperct · 2014
1 sentence

2016Citing this Court’s decision in Dixon v, Fuller, 196 Pa. 349 , 46 A. 553 (1900), and its own decision in Hennebont Co. v. Kroger Co., 221 Pa.Super. 65 , 289 A.2d 229 (1972), the court noted that the doctrine of estoppel by deed is well established in this Commonwealth, and concluded that, pursuant thereto, “[Appellants] are barred from denying that the Lease covers all 62 acres of the leased premises.” Shedden, 88 A.3d at 233 .

12016–2016
Lamp v. Heyman green
pa · 1976
1 sentence

2015Nevertheless, our High Court determined that there was “too much potential for abuse in a rule which permits a plaintiff to keep an action alive without proper notice to a defendant merely by filing a praecipe for a writ of summons and then having the writ reissued in a timely fashion without attempting to effectuate service.” Id. at 888 .

12015–2015
Beattie v. Workers' Compensation Appeal Board (Liberty Mutual Insurance) green
pacommwct · 1998
1 sentence

2014While these distinctions are accurate, these cases, along with several others, nevertheless are instructive on how to resolve the present matter....In [Campbell v. Workers’ Compensation Appeal Board (Foamex), 707 A.2d 1188 (Pa.Cmwlth.1998) ] and [Beattie v. Workers’ Compensation Appeal Board (Liberty Mutual Insurance Co.), 713 A.2d 187 (Pa.Cmwlth.1998) ], reinstatement cases, the claimants involuntarily left their modified duty positions and, in considering whether reinstatement of the benefits was proper under Section 413 of the Act, this Court again examined the reasons behind the claimants’

12014–2014
BRATIC v. Rubendall green
pasuperct · 2012
12014–2014
United States v. Chadwick red
scotus · 1977
2 sentences

2014Moreover, the Court noted that the exception is narrow, and generally limited to dangers posed by the arrestee himself, and that outside threats do not “lurk in all custodial arrests.” Id. (citing United States v. Chadwick, 433 U.S. 1, 14-15 , 97 S.Ct. 2476 , 53 L.Ed.2d 538 (1977)).

2014Moreover, the Court noted that the exception is narrow, and generally limited to dangers posed by the arrestee himself, and that outside threats do not “lurk in all custodial arrests.” Id. (citing United States v. Chadwick, 433 U.S. 1, 14-15 , 97 S.Ct. 2476 , 53 L.Ed.2d 538 (1977)).

12014–2014
Campbell v. Workers' Compensation Appeal Board green
pacommwct · 1998
1 sentence

2014While these distinctions are accurate, these cases, along with several others, nevertheless are instructive on how to resolve the present matter....In [Campbell v. Workers’ Compensation Appeal Board (Foamex), 707 A.2d 1188 (Pa.Cmwlth.1998) ] and [Beattie v. Workers’ Compensation Appeal Board (Liberty Mutual Insurance Co.), 713 A.2d 187 (Pa.Cmwlth.1998) ], reinstatement cases, the claimants involuntarily left their modified duty positions and, in considering whether reinstatement of the benefits was proper under Section 413 of the Act, this Court again examined the reasons behind the claimants’

12014–2014
Rice v. Santa Fe Elevator Corp. green
scotus · 1947
12013–2013
Keslar Unemployment Compensation Case green
pasuperct · 1963
12013–2013
United States v. Bagley green
scotus · 1985
12012–2012
Goodman Appeal green
pa · 1967
12009–2009
Anders v. California green
scotus · 1967
12009–2009
In Re Erie Golf Course green
pacommwct · 2009
12009–2009
Bilt-Rite Contractors, Inc. v. Architectural Studio green
pa · 2005
12009–2009
Commonwealth v. Friend red
pasuperct · 2006
12009–2009
Cianchetti v. Kaylen green
pasuperct · 1976
12009–2009
Gozdonovic v. Pleasant Hills Realty Co. green
pa · 1947
12009–2009
Hughes v. Seven Springs Farm, Inc. green
pa · 2000
12005–2005
Commonwealth v. Ewing neutral
pactcomplsomers · 1979
12005–2005
Commonwealth v. Collins green
pa · 1996
12003–2003
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls green
scotus · 2002
12003–2003
Zemprelli v. Thornburgh green
pacommwct · 1979
12003–2003
Knox v. Pennsylvania Board of Probation & Parole green
pacommwct · 1991
12002–2002

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 9543 (3) PA § 42 Pa. Cons. Stat. § 9544 (3) USC § 42u.s.c.1983 (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

IL 165 (1935–2026) CA 132 (1944–2026) TX 114 (1973–2026) LA 74 (1965–2022) OH 62 (1945–2026) FL 61 (1961–2019) PA 60 (1936–2025) WA 48 (1942–2026) NJ 45 (1962–2026) KS 40 (1961–2021) MO 37 (1959–2017) TN 35 (1983–2025) IN 35 (1982–2017) MD 32 (1979–2023) MI 31 (1977–2024) NY 30 (1962–2023) OR 29 (1967–2025) IA 28 (1965–2023) MS 27 (1990–2022) AZ 25 (1976–2024) AL 23 (1940–2026) WI 22 (1966–2026) VA 22 (1989–2026) OK 19 (1980–2019) CT 18 (1993–2025) MN 16 (1959–2014) DC 13 (1977–2005) NC 13 (1986–2021) CO 12 (1982–2020) NE 12 (1988–2026) NM 11 (1961–2012) WY 11 (1956–2011) UT 10 (1983–2025) GA 10 (1973–2014) ID 10 (1982–2022) WV 10 (1994–2021) KY 10 (1983–2023) HI 8 (1999–2016) AR 8 (1987–2017) MA 8 (1967–2026) SC 8 (1985–2026) MT 7 (1994–2013) DE 7 (1923–2024) SD 7 (1988–2026) RI 6 (1985–2023) AK 6 (1971–2006) ND 6 (1974–2025) VT 4 (1981–2024) NV 3 (1979–1993) NH 3 (1976–2016) ME 2 (1973–2006)

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