assumption claim (Pennsylvania) · Go Syfert
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assumption claim in Pennsylvania

8 Pennsylvania opinions name it 4 courts 1933–2010 0 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 (3)

CaseFollowedCited
Dombrowski v. Pfistergreen
scotus · 1965 · cited in 1 Pennsylvania opinions naming this issue, 1984–1984
2 sentences

1984Dombrowski v. Pfister, 380 U.S. 479, 486 , 85 S.Ct. 1116, 1120-1121 , 14 L.Ed.2d 22, 28 (1965) (Citations omitted and emphasis added.) *558 In Dombrowski, arrests had been made pursuant to Louisiana subversive activity statutes.

1984Dombrowski v. Pfister, 380 U.S. 479, 486 , 85 S.Ct. 1116, 1120-1121 , 14 L.Ed.2d 22, 28 (1965) (Citations omitted and emphasis added.) *558 In Dombrowski, arrests had been made pursuant to Louisiana subversive activity statutes.

11
BROWN v. Commonwealthgreen
pa · 1973 · cited in 1 Pennsylvania opinions naming this issue, 1981–1981
2 sentences

1981See Brown v. Common *384 wealth, 453 Pa. 566, 571 , 305 A.2d 868, 870 (1973). 2 Nevertheless, in abrogating governmental immunity for political subdivisions in Ayala , we found no such constitutional restraint: The notion that the immunity of the school district is linked to the sovereign immunity of the Commonwealth. . .is a notion without present vitality .... . . . .Whatever may be the need for legislative action in the area of sovereign immunity, it is clear that there is no requirement for legislative action to abolish — as we do here — the immunity of municipal corporations and quasi-cor

1981See Brown v. Common *384 wealth, 453 Pa. 566, 571 , 305 A.2d 868, 870 (1973). 2 Nevertheless, in abrogating governmental immunity for political subdivisions in Ayala , we found no such constitutional restraint: The notion that the immunity of the school district is linked to the sovereign immunity of the Commonwealth. . .is a notion without present vitality .... . . . .Whatever may be the need for legislative action in the area of sovereign immunity, it is clear that there is no requirement for legislative action to abolish — as we do here — the immunity of municipal corporations and quasi-cor

11
New York Life Insurance v. Aitkingreen
· 1891 · cited in 1 Pennsylvania opinions naming this issue, 1933–1933
1 sentence

1933Co. v. Aitkin, Exec., 125 N. Y. 660, 671, 672 , Earl, J., stated: “But the defendant makes the further claim that according to New Jersey law his liability upon this assumption clause could, in any event, be enforced only in an equitable action, and possibly in an action to foreclose a mortgage to which he had in some way been made a proper party.

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 (5)

CaseCitedYears
Ullmann v. United States green
scotus · 1956
2 sentences

1960In Ullmann v. United States, 350 U. S. 422 [ 76 S. Ct. 497 ], we scored the assumption that those who claim this privilege are either criminals or perjurers.

1960In Ullmann v. United States, 350 U. S. 422 [ 76 S. Ct. 497 ], we scored the assumption that those who claim this privilege are either criminals or perjurers.

21960–1960
United States v. John Novak green
ca2 · 1990
1 sentence

2010Novak, 903 F.2d at 890 . ¶ 16 The New York State Court of Appeals has likewise interpreted the Sixth Amendment as guaranteeing “nothing less than a licensed attorney at law.” Felder, 47 N.Y.2d at 293 , 418 N.Y.S.2d at 297, 391 N.E.2d at 1276 .

12010–2010
People v. Felder green
ny · 1979
2 sentences

2010Novak, 903 F.2d at 890 . ¶ 16 The New York State Court of Appeals has likewise interpreted the Sixth Amendment as guaranteeing “nothing less than a licensed attorney at law.” Felder, 47 N.Y.2d at 293 , 418 N.Y.S.2d at 297, 391 N.E.2d at 1276 .

2010Novak, 903 F.2d at 890 . ¶ 16 The New York State Court of Appeals has likewise interpreted the Sixth Amendment as guaranteeing “nothing less than a licensed attorney at law.” Felder, 47 N.Y.2d at 293 , 418 N.Y.S.2d at 297, 391 N.E.2d at 1276 .

12010–2010
Workmen's Compensation Appeal Board v. Dill Construction Co. green
pacommwct · 1975
2 sentences

1976Additionally, a close reading of the record convinces us that all of the parties proceeded under the assumption that the claim petition had been amended to encompass a claim for only the index and middle fingers. 2 Because it is clear that a referee lacks authority under the Act to increase benefits sua sponte, Workmen’s Compensation Appeal Board v. Dill Construction Company, 20 Pa. Commonwealth Ct. 145 , 341 A.2d 537 (1975), we are compelled to reverse the referee’s grant of benefits as to the thumb and ring finger.

1976Additionally, a close reading of the record convinces us that all of the parties proceeded under the assumption that the claim petition had been amended to encompass a claim for only the index and middle fingers. 2 Because it is clear that a referee lacks authority under the Act to increase benefits sua sponte, Workmen’s Compensation Appeal Board v. Dill Construction Company, 20 Pa. Commonwealth Ct. 145 , 341 A.2d 537 (1975), we are compelled to reverse the referee’s grant of benefits as to the thumb and ring finger.

11976–1976
Malis v. Homer Building & Loan Ass'n green
pa · 1934
2 sentences

1940Shareholders “are not creditors in the ordinary sense; they are really partners in the enterprise, and their rights are very different from those of persons whose claims are based wholly on outside transactions”: Malis v. Homer Building & Loan Assn., 314 Pa. 321 , 171 A. 570 .

1940Shareholders “are not creditors in the ordinary sense; they are really partners in the enterprise, and their rights are very different from those of persons whose claims are based wholly on outside transactions”: Malis v. Homer Building & Loan Assn., 314 Pa. 321 , 171 A. 570 .

11940–1940

Where else courts name it

IL 41 (1882–2024) NY 41 (1878–2025) CA 23 (1917–2020) LA 22 (1965–2015) TX 19 (1919–2022) IA 17 (1923–2005) MO 12 (1856–1998) OR 10 (1918–2025) AL 10 (1918–2009) KS 10 (1896–2018) FL 10 (1933–2017) RI 10 (1932–2001) NJ 9 (1930–2020) OK 9 (1931–1998) CT 8 (1908–2022) PA 8 (1933–2010) MI 8 (1935–1993) CO 8 (1897–2004) HI 7 (1941–2010) MD 6 (1940–2022) WI 5 (1903–1986) MA 5 (1942–2010) IN 4 (1907–1999) ME 4 (1935–2008) GA 4 (1935–2022) WA 4 (1933–1992) MN 4 (1890–1994) UT 4 (1899–2024) NE 3 (1932–1936) AZ 3 (1908–1996) KY 3 (1950–2013) NH 2 (1989–1993) AR 2 (1958–2009) MS 2 (2009–2020) SD 2 (1960–1984) SC 2 (1991–2021) MT 2 (1909–1993) OH 2 (1940–2021)

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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