equitable application exception (Pennsylvania) · Go Syfert
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equitable application exception in Pennsylvania

7 Pennsylvania opinions name it 5 courts 1986–2019 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
Pocono International Raceway, Inc. v. Pocono Produce, Inc.green
pa · 1983 · cited in 7 Pennsylvania opinions naming this issue, 1986–2019
2 sentences

2019Indeed, our Supreme Court has stressed that “[t]he salient point giving rise to the equitable application of the exception of the discovery rule is the inability, despite the exercise of diligence by the plaintiff, to know of the injury,” Pocono International Raceway, Inc., v. Pocono Produce Inc., 468 A.2d 468, 471 (Pa. 1983), and “[t]he rationale behind the discovery rule is that it is unjust to deprive a plaintiff of a cause of action before the plaintiff has a reasonable basis for believing that a claim exists.” Gust, 898 P.2d at 967 .

2014The “discovery rule” provides that “where the existence of [an] injury is not known to the complaining party and such knowledge cannot reasonably be ascertained within the prescribed statutory period, the limitations period does not begin to run until the discovery of the injury is reasonably possible.” Baselice v. Franciscan Friars Assumption BVM Province, Inc., 879 A.2d 270, 276 (2005); see also, Pocono Int’l Raceway, Inc. v. Pocono Produce, Inc., 468 A.2d 468, 471 (Pa. 1983) (“The salient point giving rise to the equitable application of the exception of the discovery rule is the inability,

47
Haggart v. Chogreen
pasuperct · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014In such cases, the statute does not begin to run until the injured party “possesses sufficient critical facts to put him on notice that a wrong has been committed and that he need investigate to determine whether he is entitled to redress.” Baselice, 879 A.2d at 276 (quoting, Haggart v. Cho, 703 A.2d 522, 526 (Pa. Super. 1997)).

11
Baselice v. Franciscan Friars Assumption BVM Province, Inc.green
pasuperct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
2 sentences

2014In such cases, the statute does not begin to run until the injured party “possesses sufficient critical facts to put him on notice that a wrong has been committed and that he need investigate to determine whether he is entitled to redress.” Baselice, 879 A.2d at 276 (quoting, Haggart v. Cho, 703 A.2d 522, 526 (Pa. Super. 1997)).

2014The “discovery rule” provides that “where the existence of [an] injury is not known to the complaining party and such knowledge cannot reasonably be ascertained within the prescribed statutory period, the limitations period does not begin to run until the discovery of the injury is reasonably possible.” Baselice v. Franciscan Friars Assumption BVM Province, Inc., 879 A.2d 270, 276 (2005); see also, Pocono Int’l Raceway, Inc. v. Pocono Produce, Inc., 468 A.2d 468, 471 (Pa. 1983) (“The salient point giving rise to the equitable application of the exception of the discovery rule is the inability,

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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
Gust, Rosenfeld & Henderson v. Prudential Insurance Co. of America green
ariz · 1995
2 sentences

2019In my view, the underlying reasons supporting the discovery rule are not diminished in any way based upon the status of a suit being labeled a contract claim, for the discovery rule “relates more to the circumstances under which a legal duty is breached and less to the nature of the cause of action.” Id.

2019Indeed, our Supreme Court has stressed that “[t]he salient point giving rise to the equitable application of the exception of the discovery rule is the inability, despite the exercise of diligence by the plaintiff, to know of the injury,” Pocono International Raceway, Inc., v. Pocono Produce Inc., 468 A.2d 468, 471 (Pa. 1983), and “[t]he rationale behind the discovery rule is that it is unjust to deprive a plaintiff of a cause of action before the plaintiff has a reasonable basis for believing that a claim exists.” Gust, 898 P.2d at 967 .

12019–2019

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 5524 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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