rule rather exception (Pennsylvania) · Go Syfert
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rule rather exception in Pennsylvania

8 Pennsylvania opinions name it 3 courts 1973–2024 2 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 (2)

CaseFollowedCited
Rosenthal v. Commonwealthgreen
pacommwct · 1983 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Thus, generalizing the principle from Martell, we conclude that, in Pharm., 457 A.2d 243, 245 (Pa. Cmwlth. 1983) (denying ineffective assistance claim in pharmacy board context where pharmacist alleged counsel erred in not arguing an entrapment defense and in saying pharmacist was lax in running his business). 25 Pre-Martell, we applied Johnson and Bickel in Mitchell v. Workmen’s Compensation Appeal Board (Neal Tree Service), 565 A.2d 224, 226 (Pa. Cmwlth. 1989) (finding that claimant’s scenario distinguishable from Bickel where an attorney had not entered an appearance and the claimant failed

11
Mitchell v. Workmen's Compensation Appeal Boardgreen
pacommwct · 1989 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Thus, generalizing the principle from Martell, we conclude that, in Pharm., 457 A.2d 243, 245 (Pa. Cmwlth. 1983) (denying ineffective assistance claim in pharmacy board context where pharmacist alleged counsel erred in not arguing an entrapment defense and in saying pharmacist was lax in running his business). 25 Pre-Martell, we applied Johnson and Bickel in Mitchell v. Workmen’s Compensation Appeal Board (Neal Tree Service), 565 A.2d 224, 226 (Pa. Cmwlth. 1989) (finding that claimant’s scenario distinguishable from Bickel where an attorney had not entered an appearance and the claimant failed

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 (8)

CaseCitedYears
Martell v. Workers' Compensation Appeal Board green
pacommwct · 1998
2 sentences

2024Absent this exacting standard, “piecemeal hearings prompted by the wisdom of hindsight would become the rule rather than the exception.” Martell, 707 A.2d at 244 .

2023In Martell, Judge Leadbetter cogently observed that absent that standard, “piecemeal hearings prompted by the wisdom of hindsight would become the rule rather than the exception.” Id.

22023–2024
Townsend Will green
pasuperct · 1968
1 sentence

2020While ‘fishing expeditions’ are not to be countenanced under the guise of discovery, requests for discovery must be considered with liberality as the rule rather than the exception.” In Re Townsend’s Estate, 241 A.2d 534 (Pa. 1968).

12020–2020
Thompson Will green
pa · 1965
1 sentence

2007Id. ¶ 7 Finally, Appellant asserts that dismissal of his civil complaint with prejudice subjects his claim to the future defense of collateral estoppel in the Orphans’ Court.

12007–2007
Silverman v. POLIS green
pasuperct · 1974
2 sentences

1985The impetus for the rule change came at the behest of this Court in Silverman v. Polis, 230 Pa.Super. 366 , 326 A.2d 452 (1974).

1985The impetus for the rule change came at the behest of this Court in Silverman v. Polis, 230 Pa.Super. 366 , 326 A.2d 452 (1974).

11985–1985
Chavigny v. State green
fladistctapp · 1964
2 sentences

1984Id. at 174 .

1984Id. at 174 .

11984–1984
New York Times Co. v. Sullivan green
scotus · 1964
2 sentences

1980We note further that the vitality of the view advanced by appellees, that summary judgment is the rule rather than the exception in public official defamation cases, has been cast in doubt as a result of the United States Supreme Court’s observation in Hutchinson v. Proxmire, 443 U.S. Ill, 99 S.Ct. 2675 , 61 L.Ed.2d 411 (1979): Considering the nuances of the issues raised here, we are constrained to express some doubt about the so-called “rule.” The proof of “actual malice” calls a defendant’s state of mind into question, New York Times v. Sullivan, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686

1980We note further that the vitality of the view advanced by appellees, that summary judgment is the rule rather than the exception in public official defamation cases, has been cast in doubt as a result of the United States Supreme Court’s observation in Hutchinson v. Proxmire, 443 U.S. Ill, 99 S.Ct. 2675 , 61 L.Ed.2d 411 (1979): Considering the nuances of the issues raised here, we are constrained to express some doubt about the so-called “rule.” The proof of “actual malice” calls a defendant’s state of mind into question, New York Times v. Sullivan, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686

11980–1980
Hutchinson v. Proxmire green
scotus · 1979
2 sentences

1980We note further that the vitality of the view advanced by appellees, that summary judgment is the rule rather than the exception in public official defamation cases, has been cast in doubt as a result of the United States Supreme Court’s observation in Hutchinson v. Proxmire, 443 U.S. Ill, 99 S.Ct. 2675 , 61 L.Ed.2d 411 (1979): Considering the nuances of the issues raised here, we are constrained to express some doubt about the so-called “rule.” The proof of “actual malice” calls a defendant’s state of mind into question, New York Times v. Sullivan, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686

1980We note further that the vitality of the view advanced by appellees, that summary judgment is the rule rather than the exception in public official defamation cases, has been cast in doubt as a result of the United States Supreme Court’s observation in Hutchinson v. Proxmire, 443 U.S. Ill, 99 S.Ct. 2675 , 61 L.Ed.2d 411 (1979): Considering the nuances of the issues raised here, we are constrained to express some doubt about the so-called “rule.” The proof of “actual malice” calls a defendant’s state of mind into question, New York Times v. Sullivan, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686

11980–1980
Marjorie Webster Junior College, Inc. v. Middle States Ass'n of Colleges & Secondary Schools, Inc. green
scotus · 1970
1 sentence

1973Cir. 1970), cert. denied, 400 U.S. 965 (1970)) which purport to stand for the proposition that judicial interference in the affairs of private associations is the rule rather than the exception.

11973–1973

Where else courts name it

FL 44 (1952–2022) CA 27 (1915–2026) NY 19 (1941–2026) AZ 19 (1968–2025) NC 16 (1979–2024) TX 13 (1989–2019) MI 11 (1993–2024) IA 11 (1944–2025) OH 10 (1998–2026) WI 10 (1973–2026) PA 8 (1973–2024) MO 7 (1930–2016) IL 7 (1960–1995) MD 7 (1980–2026) NJ 6 (1981–2009) MN 5 (1935–2018) TN 5 (1999–2019) ME 5 (1887–2024) LA 4 (1954–1993) AL 4 (1927–1997) WA 4 (1932–1996) MA 4 (1979–1988) IN 4 (1972–2002) VI 3 (2013–2014) WY 3 (1992–2017) KS 3 (1996–2024) NE 2 (2025–2026) NM 2 (2010–2010) OK 2 (1938–1964) MT 2 (1987–1995) DC 2 (1975–1978) OR 2 (1966–2022) RI 2 (1994–2004) AR 2 (1997–2005)

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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