goal defense in Pennsylvania

2016The goal of the doctrine is: “(1) to protect the settled expectations of the parties; (2) to insure uniformity of decisions; (3) to maintain consistency during the course of a single case; (4) to effectuate the proper and streamlined administration of justice; and (5) to bring litigation to an end.” Id.

2016The goal of the doctrine is: “(1) to protect the settled expectations of the parties; (2) to insure uniformity of decisions; (3) to maintain consistency during the course of a single case; (4) to effectuate the proper and streamlined administration of justice; and (5) to bring litigation to an end.” Id.

2025Our Supreme Court distinguished DeJohn because it dealt with records that revealed more than the identity of the customer. [Duncan, 817 A.2d at 463 ].

2004The underlying goal of this rule is to provide a means of avoiding the trial of cases where a party “lacks the beginnings of evidence to establish or contest a material issue.” Ertel v. Patriot-News Co., 544 Pa. 93, 100 , 674 A.2d 1038, 1042 (1996), cert. denied, 519 U.S. 1008 , 117 S.Ct. 512 , 136 L.Ed.2d. 401 (1996).

2004The underlying goal of this rule is to provide a means of avoiding the trial of cases where a party “lacks the beginnings of evidence to establish or contest a material issue.” Ertel v. Patriot-News Co., 544 Pa. 93, 100 , 674 A.2d 1038, 1042 (1996), cert. denied, 519 U.S. 1008 , 117 S.Ct. 512 , 136 L.Ed.2d. 401 (1996).

1996“The basis of an action for a lack of informed consent is that when a physician touches a patient a technical battery occurs, unless that touching is done with the patient’s consent.” Wu v. Spence, 413 Pa.Super. 352, 355-56 , 605 A.2d 395, 397 (1992), appeal dismissed, 534 Pa. 309 , 632 A.2d 1294 (1993), citing Gray, supra. The goal of this doctrine “is to provide the patient with material information necessary to determine whether to proceed with the surgical or operative procedure or to remain in the present condition.” Sinclair, supra, at 570 , 633 A.2d at 1140 .

1996“The basis of an action for a lack of informed consent is that when a physician touches a patient a technical battery occurs, unless that touching is done with the patient’s consent.” Wu v. Spence, 413 Pa.Super. 352, 355-56 , 605 A.2d 395, 397 (1992), appeal dismissed, 534 Pa. 309 , 632 A.2d 1294 (1993), citing Gray, supra. The goal of this doctrine “is to provide the patient with material information necessary to determine whether to proceed with the surgical or operative procedure or to remain in the present condition.” Sinclair, supra, at 570 , 633 A.2d at 1140 .

1996“The basis of an action for a lack of informed consent is that when a physician touches a patient a technical battery occurs, unless that touching is done with the patient’s consent.” Wu v. Spence, 413 Pa.Super. 352, 355-56 , 605 A.2d 395, 397 (1992), appeal dismissed, 534 Pa. 309 , 632 A.2d 1294 (1993), citing Gray, supra. The goal of this doctrine “is to provide the patient with material information necessary to determine whether to proceed with the surgical or operative procedure or to remain in the present condition.” Sinclair, supra, at 570 , 633 A.2d at 1140 .

1996The goal of this doctrine "is to provide the patient with material information necessary to determine whether to proceed with the surgical or operative procedure or to remain in the present condition." Sinclair, supra, at 570 , 633 A.2d at 1140 .

1993Id. at 375 , 615 A.2d at 413-14 .

1993Id. at 375 , 615 A.2d at 413-14 .

1990The court then stated that the goal which the defense of entrapment seeks to establish is “ ‘public confidence in the fair and honorable administration of justice’ ” id., 335 Pa.Superior Ct. at 342, 484 A.2d at 165 , citing United States v. Sherman, 356 U.S. 369, 380 , 78 S.Ct. 819, 824 , 2 L.Ed.2d 848 (1958), and noted that the objective test is “aimed at condemning certain impermissible police conduct which, regardless of who may be induced to commit a crime, falls below standards to which common feelings respond, for the proper use of government power.” Thompson, 339 Pa.Super. at 342 , 484

1990The court then stated that the goal which the defense of entrapment seeks to establish is "`public confidence in the fair and honorable administration of justice'" id., 335 Pa. Superior Ct. at 342 , 484 A.2d at 165 , citing United States v. Sherman, 356 U.S. 369, 380 , 78 S.Ct. 819, 824 , 2 L.Ed.2d 848 (1958), and noted that the objective test is "aimed at condemning certain impermissible police conduct which, regardless of who may be induced to commit a crime, falls below standards to which common feelings respond, for the proper use of government power." Thompson, 339 Pa.Super. at 342 , 484

1990The court then stated that the goal which the defense of entrapment seeks to establish is “ ‘public confidence in the fair and honorable administration of justice’ ” id., 335 Pa.Superior Ct. at 342, 484 A.2d at 165 , citing United States v. Sherman, 356 U.S. 369, 380 , 78 S.Ct. 819, 824 , 2 L.Ed.2d 848 (1958), and noted that the objective test is “aimed at condemning certain impermissible police conduct which, regardless of who may be induced to commit a crime, falls below standards to which common feelings respond, for the proper use of government power.” Thompson, 339 Pa.Super. at 342 , 484

1990The court then stated that the goal which the defense of entrapment seeks to establish is “ ‘public confidence in the fair and honorable administration of justice’ ” id., 335 Pa.Superior Ct. at 342, 484 A.2d at 165 , citing United States v. Sherman, 356 U.S. 369, 380 , 78 S.Ct. 819, 824 , 2 L.Ed.2d 848 (1958), and noted that the objective test is “aimed at condemning certain impermissible police conduct which, regardless of who may be induced to commit a crime, falls below standards to which common feelings respond, for the proper use of government power.” Thompson, 339 Pa.Super. at 342 , 484

1990Although, as Judge Doyle wrote for the court in State Farm, “[w]e recognize and sympathize with the laudable goal of trying to contain escalating insurance costs,” 133 Pa.Commonwealth Ct. at 651, 577 A.2d at 954 , we hold that the department cannot accomplish this goal in violation of procedural requirements imposed by law.