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7 Pennsylvania opinions name it 5 courts 1986–2024 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Martingreen1 sentence2024Commonwealth v. Martin, 97 A.3d 363, 365 (Pa. Super. 2014). | 1 | 1 |
Commonwealth v. Cousar, B., Aplt.green1 sentence2021Commonwealth v. Cousar, 154 A.3d 287, 296 (Pa. 2017). | 1 | 1 |
Commonwealth v. Millergreen1 sentence2018The Court begins with the presumption that counsel was effective, and the defendant bears the burden of proving otherwise, Commonwealth v. Miller, 431 A.2d 233, 235 (Pa. 1981). | 1 | 1 |
Miller v. Commonwealthgreen2 sentences2012See [ Miller v. Department of Environmental Resources, 133 Pa.Cmwlth. 327 , 578 A.2d 550 (1990)]. 2012See [ Miller v. Department of Environmental Resources, 133 Pa.Cmwlth. 327 , 578 A.2d 550 (1990)]. | 1 | 1 |
Atcovitz v. Gulph Mills Tennis Club, Inc.green2 sentences2003Addressing this issue, the Supreme Court of Pennsylvania in Atcovitz v. Gulph Mills Tennis Club Inc., 571 Pa. 580, 586 , 812 A.2d 1218, 1222 (2002), held that to successfully establish a claim for an action in negligence, a plaintiff must show: (1) the existence of a duty or obligation recognized by law, requiring the actor to conform to a certain standard of conduct; (2) a failure on the part of the defendant to conform to that duty, or a breach thereof; (3) a causal connection between the defendant’s breach and the resulting injury; and (4) actual loss or damage suffered by the complainant. 2003Addressing this issue, the Supreme Court of Pennsylvania in Atcovitz v. Gulph Mills Tennis Club Inc., 571 Pa. 580, 586 , 812 A.2d 1218, 1222 (2002), held that to successfully establish a claim for an action in negligence, a plaintiff must show: (1) the existence of a duty or obligation recognized by law, requiring the actor to conform to a certain standard of conduct; (2) a failure on the part of the defendant to conform to that duty, or a breach thereof; (3) a causal connection between the defendant’s breach and the resulting injury; and (4) actual loss or damage suffered by the complainant. | 1 | 1 |
Charles Dowd Box Co. v. Courtneygreen2 sentences1995The court noted that it had stated in Claflin, “If exclusive jurisdiction be neither express nor implied, the state courts have concurrent jurisdiction whenever, by their own constitution, they are competent to take it.” ( 93 U.S. at 136 , 23 L.Ed. 833 ); see also, Dowd Box, supra at 507-508 , 7 L.Ed.2d 483 , 82 S.Ct. 519 , “Congress may, if it sees fit, give to the federal courts exclusive jurisdiction.” As the Supreme Court stated in Gulf, supra, “the court begins with the presumption that state courts enjoy concurrent jurisdiction. 1995The court noted that it had stated in Claflin, “If exclusive jurisdiction be neither express nor implied, the state courts have concurrent jurisdiction whenever, by their own constitution, they are competent to take it.” ( 93 U.S. at 136 , 23 L.Ed. 833 ); see also, Dowd Box, supra at 507-508 , 7 L.Ed.2d 483 , 82 S.Ct. 519 , “Congress may, if it sees fit, give to the federal courts exclusive jurisdiction.” As the Supreme Court stated in Gulf, supra, “the court begins with the presumption that state courts enjoy concurrent jurisdiction. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Spotz
green
1 sentence2021Spotz, supra. -4- J-S23009-21 For an ineffective assistance of counsel claim, the court begins with the presumption that counsel is effective. | 1 | 2021–2021 |
Claflin v. Houseman
green
2 sentences1995The court noted that it had stated in Claflin, “If exclusive jurisdiction be neither express nor implied, the state courts have concurrent jurisdiction whenever, by their own constitution, they are competent to take it.” ( 93 U.S. at 136 , 23 L.Ed. 833 ); see also, Dowd Box, supra at 507-508 , 7 L.Ed.2d 483 , 82 S.Ct. 519 , “Congress may, if it sees fit, give to the federal courts exclusive jurisdiction.” As the Supreme Court stated in Gulf, supra, “the court begins with the presumption that state courts enjoy concurrent jurisdiction. 1995The court noted that it had stated in Claflin, “If exclusive jurisdiction be neither express nor implied, the state courts have concurrent jurisdiction whenever, by their own constitution, they are competent to take it.” ( 93 U.S. at 136 , 23 L.Ed. 833 ); see also, Dowd Box, supra at 507-508 , 7 L.Ed.2d 483 , 82 S.Ct. 519 , “Congress may, if it sees fit, give to the federal courts exclusive jurisdiction.” As the Supreme Court stated in Gulf, supra, “the court begins with the presumption that state courts enjoy concurrent jurisdiction. | 1 | 1995–1995 |
Gulf Offshore Co. v. Mobil Oil Corp.
green
2 sentences1986“Any person injured in his business or property by reason of a violation of 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit including a reasonable attorney’s fee.” The Supreme Court in Gulf Offshore Co. v. Mobile Oil Corp., 453 U.S. 473, 478 , 101 S.Ct. 2870, 2875 , 69 L.Ed. 2d 784 (1981) has articulated the'following standard for determining whether a claim created by federal law can be brought in state court: “In considering the propriety of state court jurisdiction over any par 1986“Any person injured in his business or property by reason of a violation of 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit including a reasonable attorney’s fee.” The Supreme Court in Gulf Offshore Co. v. Mobile Oil Corp., 453 U.S. 473, 478 , 101 S.Ct. 2870, 2875 , 69 L.Ed. 2d 784 (1981) has articulated the'following standard for determining whether a claim created by federal law can be brought in state court: “In considering the propriety of state court jurisdiction over any par | 1 | 1986–1986 |
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.