non-frivolous claim (Pennsylvania) · Go Syfert
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non-frivolous claim in Pennsylvania

8 Pennsylvania opinions name it 3 courts 1982–2018 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 (5)

CaseFollowedCited
Janicik v. Prudential Insurance Co. of Americagreen
pasuperct · 1982 · cited in 4 Pennsylvania opinions naming this issue, 1999–2001
2 sentences

2001See also, Janicik v. Prudential Insurance Company of America, 305 Pa. Super. 120, 129 , 451 A.2d 451, 454 (1982) (“[a] court may not make the initial class action determination until after the close of pleadings to ensure that the class proponent is presenting a non-frivolous claim capable of surviving prelimi nary objections”).

2001See also, Janicik v. Prudential Insurance Company of America, 305 Pa. Super. 120, 129 , 451 A.2d 451, 454 (1982) (“[a] court may not make the initial class action determination until after the close of pleadings to ensure that the class proponent is presenting a non-frivolous claim capable of surviving prelimi nary objections”).

44
Falkenhan v. Wisegreen
pasuperct · 1980 · cited in 2 Pennsylvania opinions naming this issue, 1982–1987
2 sentences

1987Janicik v. Prudential Insurance Company of America, supra; see also Falkenhan v. Wise, 282 Pa.Super. 318 , 422 A.2d 1135 (1980).

1987Janicik v. Prudential Insurance Company of America, supra; see also Falkenhan v. Wise, 282 Pa.Super. 318 , 422 A.2d 1135 (1980).

22
Joseph Williams v. John Clancygreen
ca3 · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018With regard to the former, it had been held that "to establish a cognizable access to courts claim, a complainant must demonstrate that: (1) he suffered an 'actual injury' (i.e., that he lost an opportunity to pursue a non frivolous claim); and (2) he has no other remedy, save the present civil rights suit, that can possibly compensate for the lost claim." Williams v. Clancy, 449 Fed.Appx. 87, 89 (3d Cir. 2011) ( citing Monroe v. Beard, 536 F.3d 198, 205 (3d Cir. 2008)).

11
Christopher v. Harburygreen
scotus · 2002 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Furthermore, "[t]he complaint must describe the underlying arguable claim well enough to show that it is 'more than mere hope,' and it must describe the 'lost remedy."' Monroe, 536 F.3d at 205 -06 (quoting Christopher v. Harbury, 536 U.S. 403, 416-17 (2002)).

11
Monroe v. Beardgreen
ca3 · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
2 sentences

2018With regard to the former, it had been held that "to establish a cognizable access to courts claim, a complainant must demonstrate that: (1) he suffered an 'actual injury' (i.e., that he lost an opportunity to pursue a non frivolous claim); and (2) he has no other remedy, save the present civil rights suit, that can possibly compensate for the lost claim." Williams v. Clancy, 449 Fed.Appx. 87, 89 (3d Cir. 2011) ( citing Monroe v. Beard, 536 F.3d 198, 205 (3d Cir. 2008)).

2018Furthermore, "[t]he complaint must describe the underlying arguable claim well enough to show that it is 'more than mere hope,' and it must describe the 'lost remedy."' Monroe, 536 F.3d at 205 -06 (quoting Christopher v. Harbury, 536 U.S. 403, 416-17 (2002)).

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 (1)

CaseCitedYears
Commonwealth v. Brady green
pa · 1986
2 sentences

2003Commonwealth v. Brady, 510 Pa. 336 , 508 A.2d 286 (1986)(setting a non-frivolous standard for pre-trial stay related to resolution of double jeopardy claim).

2003Commonwealth v. Brady, 510 Pa. 336 , 508 A.2d 286 (1986)(setting a non-frivolous standard for pre-trial stay related to resolution of double jeopardy claim).

12003–2003

Where else courts name it

CT 21 (1996–2001) PA 8 (1982–2018) ID 8 (2009–2019) IL 7 (2020–2024) TX 7 (2010–2017) FL 2 (1981–1981) WI 2 (2020–2020) CA 2 (2001–2009)

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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