analyzed claim in Pennsylvania

2024The Eisenberg Court also noted that in the Court’s recent decision of Commonwealth v. Baker, 78 A.3d 1044 (Pa. 2013), the Court analyzed a claim of whether a mandatory minimum sentence violated the Eighth Amendment’s prohibition against cruel and unusual punishment.

2021In Gormley, this Court analyzed waiver of the psychiatrist/psychologist-patient privilege in section 5944, holding that the plaintiff waived that privilege in a personal injury action where she “directly placed her mental condition at issue when she alleged that she suffered from anxiety as a result of [a motor vehicle] accident.” 995 A.2d at 1206 .

2021In Gormley, this Court analyzed waiver of the psychiatrist/psychologist-patient privilege in section 5944, holding that the plaintiff waived that privilege in a personal injury action where she “directly placed her mental condition at issue when she alleged that she suffered from anxiety as a result of [a motor vehicle] accident.” 995 A.2d at 1206 .

2016To the extent the trial court analyzed the standard instruction in its March 27, 2015 Opinion, we agree with its observation that standard instructions promulgated by the Civil Instructions Subcommittee of the Pennsylvania Supreme Court Committee for Proposed Standard Jury Instructions are not submitted to the High Court for approval and are, therefore, are only suggested. 3 Our resolution of Appellant's appeal obviates the need to address Appellees' first and fourth issues, which pertain to Appellants' claim for damages. 4 See Cosmas v. Bloomingdales Bros., Inc., 442 Pa.Super. 476 , 660 A.2d

2016To the extent the trial court analyzed the standard instruction in its March 27, 2015 Opinion, we agree with its observation that standard instructions promulgated by the Civil Instructions Subcommittee of the Pennsylvania Supreme Court Committee for Proposed Standard Jury Instructions are not submitted to the High Court for approval and are, therefore, are only suggested. 3 Our resolution of Appellant's appeal obviates the need to address Appellees' first and fourth issues, which pertain to Appellants' claim for damages. 4 See Cosmas v. Bloomingdales Bros., Inc., 442 Pa.Super. 476 , 660 A.2d

2015C.R.F., supra. Judge Adams set forth each of the sixteen factors and provided an analysis relevant to that factor based on the facts and evidence specific to this case.

2003In Thiry v. Carlson, 887 F.Supp. 1407 (D.Kan.1995), aff'd, 78 F.3d 1491 (10th Cir.1996), the court analyzed a claim of a First Amendment violation where the state proposed to condemn property for a road project that included a gravesite sacred to the owners, and it stated that the plaintiffs had failed to show that laws which conferred authority on the state to act, i.e., granting condemnation authority, were anything other than neutral laws of general applicability.

2003In Thiry v. Carlson, 887 F.Supp. 1407 (D.Kan.1995), aff'd, 78 F.3d 1491 (10th Cir.1996), the court analyzed a claim of a First Amendment violation where the state proposed to condemn property for a road project that included a gravesite sacred to the owners, and it stated that the plaintiffs had failed to show that laws which conferred authority on the state to act, i.e., granting condemnation authority, were anything other than neutral laws of general applicability.

2003In Thiry v. Carlson, 887 F.Supp. 1407 (D.Kan.1995), aff'd, 78 F.3d 1491 (10th Cir.1996), the court analyzed a claim of a First Amendment violation where the state proposed to condemn property for a road project that included a gravesite sacred to the owners, and it stated that the plaintiffs had failed to show that laws which conferred authority on the state to act, i.e., granting condemnation authority, were anything other than neutral laws of general applicability.

2003In Thiry v. Carlson, 887 F.Supp. 1407 (D.Kan.1995), aff'd, 78 F.3d 1491 (10th Cir.1996), the court analyzed a claim of a First Amendment violation where the state proposed to condemn property for a road project that included a gravesite sacred to the owners, and it stated that the plaintiffs had failed to show that laws which conferred authority on the state to act, i.e., granting condemnation authority, were anything other than neutral laws of general applicability.

1996The plaintiffs Kobernik suggest, however, that this precedent is outdated in light of such recent opinions by the Pennsylvania Supreme and Superior Courts as Keuther v. Snyder, 444 Pa. Super. 468 , 664 A.2d 168 (1995) and Scola v. AC & S Inc., 540 Pa. 353 , 657 A.2d 1234 (1995).

1996The plaintiffs Kobernik suggest, however, that this precedent is outdated in light of such recent opinions by the Pennsylvania Supreme and Superior Courts as Keuther v. Snyder, 444 Pa. Super. 468 , 664 A.2d 168 (1995) and Scola v. AC & S Inc., 540 Pa. 353 , 657 A.2d 1234 (1995).

1996Likewise, in Fox v. Pennsylvania Power 8c Light Co., 315 Pa. Super. 79 , 461 A.2d 805 (1983), a case was transferred from Philadelphia to Luzerne County after the court analyzed such factors as the location of the accident, the county of residence of the plaintiff’s decedent and the location of fact witnesses.

1996Likewise, in Fox v. Pennsylvania Power 8c Light Co., 315 Pa. Super. 79 , 461 A.2d 805 (1983), a case was transferred from Philadelphia to Luzerne County after the court analyzed such factors as the location of the accident, the county of residence of the plaintiff’s decedent and the location of fact witnesses.

1996The plaintiffs Kobernik suggest, however, that this precedent is outdated in light of such recent opinions by the Pennsylvania Supreme and Superior Courts as Keuther v. Snyder, 444 Pa. Super. 468 , 664 A.2d 168 (1995) and Scola v. AC & S Inc., 540 Pa. 353 , 657 A.2d 1234 (1995).

1996The plaintiffs Kobernik suggest, however, that this precedent is outdated in light of such recent opinions by the Pennsylvania Supreme and Superior Courts as Keuther v. Snyder, 444 Pa. Super. 468 , 664 A.2d 168 (1995) and Scola v. AC & S Inc., 540 Pa. 353 , 657 A.2d 1234 (1995).

1986The court analyzed the immunity act, 42 Pa. C.S. § 5947, and determined that “[u]nder the statute, courts have no power to grant immunity except on request of the prosecutor.” Commonwealth v. Johnson, supra, 507 Pa. at 32 , 487 A.2d at 1322 .

1986The court analyzed the immunity act, 42 Pa. C.S. § 5947, and determined that “[u]nder the statute, courts have no power to grant immunity except on request of the prosecutor.” Commonwealth v. Johnson, supra, 507 Pa. at 32 , 487 A.2d at 1322 .

1976In Commonwealth v. Boyd, 461 Pa. 17 , 334 A.2d 610 (1975), the Court also analyzed a claim of ineffective assistance of counsel for failure to suppress evidence in terms of “whether or not the motion to suppress would have been futile.” Id. at 32 , 334 A.2d at 618 . .

1976In Commonwealth v. Boyd, 461 Pa. 17 , 334 A.2d 610 (1975), the Court also analyzed a claim of ineffective assistance of counsel for failure to suppress evidence in terms of “whether or not the motion to suppress would have been futile.” Id. at 32 , 334 A.2d at 618 . .