essentially claim (Pennsylvania) · Go Syfert
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essentially claim in Pennsylvania

7 Pennsylvania opinions name it 3 courts 1953–2019 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 (10)

CaseFollowedCited
Commonwealth v. Downinggreen
pasuperct · 2010 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019“This Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.” Commonwealth v. Matroni, 923 A.2d 444, 455 (Pa. Super. 2007); see also Commonwealth v. Corley, 31 A.3d 293, 297 (Pa. Super. 2011) (citation omitted) (holding that “a claim that the court failed to consider certain mitigating factors does not present a substantial question” for our review); Commonwealth v. Downing, 990 A.2d 788, 794 (holding the appellant did not raise a substantial question where he alleged the trial court failed to co

11
Commonwealth v. Corleygreen
pasuperct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019“This Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.” Commonwealth v. Matroni, 923 A.2d 444, 455 (Pa. Super. 2007); see also Commonwealth v. Corley, 31 A.3d 293, 297 (Pa. Super. 2011) (citation omitted) (holding that “a claim that the court failed to consider certain mitigating factors does not present a substantial question” for our review); Commonwealth v. Downing, 990 A.2d 788, 794 (holding the appellant did not raise a substantial question where he alleged the trial court failed to co

11
Commonwealth v. Matronigreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019“This Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.” Commonwealth v. Matroni, 923 A.2d 444, 455 (Pa. Super. 2007); see also Commonwealth v. Corley, 31 A.3d 293, 297 (Pa. Super. 2011) (citation omitted) (holding that “a claim that the court failed to consider certain mitigating factors does not present a substantial question” for our review); Commonwealth v. Downing, 990 A.2d 788, 794 (holding the appellant did not raise a substantial question where he alleged the trial court failed to co

11
Commonwealth v. Wilsongreen
pasuperct · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See, e.g., Commonwealth v. Wilson, 825 A.2d 710, 713-14 (Pa. Super. 2003) (a review of the sufficiency of the evidence does not include an assessment of the credibility of testimony; such a claim goes to the weight of the evidence).

11
Commonwealth v. Bullockgreen
pasuperct · 2005 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
2 sentences

2007This is essentially a claim that the trial court failed to properly consider mitigating factors when fashioning Matroni’s sentence. “[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.” Commonwealth v. Bullock, 868 A.2d 516, 529 (Pa.Super.2005) (citing Commonwealth v. Wellor, 731 A.2d 152 (Pa.Super.1999); Commonwealth v. Bershad, 693 A.2d 1303 (Pa.Super.1997); Commonwealth v. Urrutia, 439 Pa.Super. 227 , 653 A.2d 706 (1995), appeal denied, 541 Pa. 625 , 661 A.2d 873 (Pa.1995)). ¶ 32 Mat

2007This is essentially a claim that the trial court failed to properly consider mitigating factors when fashioning Matroni's sentence. "[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review." Commonwealth v. Bullock, 868 A.2d 516, 529 (Pa.Super.2005) (citing Commonwealth v. Wellor, 731 A.2d 152 (Pa.Super.1999); Commonwealth v. Bershad, 693 A.2d 1303 (Pa.Super.1997); Commonwealth v. Urrutia, 439 Pa.Super. 227 , 653 A.2d 706 (1995), appeal denied, 541 Pa. 625 , 661 A.2d 873 (Pa.1995)). ¶ 32 Mat

11
Cantwell v. Allegheny Countygreen
pa · 1984 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987Thus, even if the defendant has undertaken to render a service to another, and the plaintiff (third person) has suffered physical harm, if there was no reason that the defendant should have foreseen that his actions were necessary for the protection of the plaintiff, no cause of action will lie under § 324A. 506 Pa. at 41 , 483 A.2d at 1353-54 (citation omitted).

1987Thus, even if the defendant has undertaken to render a service to another, and the plaintiff (third person) has suffered physical harm, if there was no reason that the defendant should have foreseen that his actions were necessary for the protection of the plaintiff, no cause of action will lie under § 324A. 506 Pa. at 41 , 483 A.2d at 1353-54 (citation omitted).

11
Kane v. Hartford Accident & Indemnity Co.green
calctapp · 1979 · cited in 1 Pennsylvania opinions naming this issue, 1984–1984
2 sentences

1984See, e.g., Kane v. Hartford Accident and Indemnity Company, 98 Cal.App.3d 350 , 159 Cal.Rptr. 446 (1979) (“The section is predicated upon, and in no way alters, the traditional requirement of a foreseeable harm to a foreseeable class of plaintiffs.”).

1984See, e.g., Kane v. Hartford Accident and Indemnity Company, 98 Cal.App.3d 350 , 159 Cal.Rptr. 446 (1979) (“The section is predicated upon, and in no way alters, the traditional requirement of a foreseeable harm to a foreseeable class of plaintiffs.”).

11
Williams v. Samuelgreen
pa · 1938 · cited in 1 Pennsylvania opinions naming this issue, 1953–1953
1 sentence

1953This is essentially the standard that is recognized by the courts in determining whether a utility is self-sustaining in other circumstances: Kelley v. Earle et al., 325 Pa. 337, 345 (1937); Williams v. Samuel et al., 332 Pa. 265, 271 (1938); Greenhalgh v. Woolworth et al., 361 Pa. 543, 552 (1949).

11
Greenhalgh v. Woolworthgreen
pa · 1949 · cited in 1 Pennsylvania opinions naming this issue, 1953–1953
1 sentence

1953This is essentially the standard that is recognized by the courts in determining whether a utility is self-sustaining in other circumstances: Kelley v. Earle et al., 325 Pa. 337, 345 (1937); Williams v. Samuel et al., 332 Pa. 265, 271 (1938); Greenhalgh v. Woolworth et al., 361 Pa. 543, 552 (1949).

11
Kelley v. Earlegreen
pa · 1937 · cited in 1 Pennsylvania opinions naming this issue, 1953–1953
1 sentence

1953This is essentially the standard that is recognized by the courts in determining whether a utility is self-sustaining in other circumstances: Kelley v. Earle et al., 325 Pa. 337, 345 (1937); Williams v. Samuel et al., 332 Pa. 265, 271 (1938); Greenhalgh v. Woolworth et al., 361 Pa. 543, 552 (1949).

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 (5)

CaseCitedYears
Commonwealth v. Urrutia green
pasuperct · 1995
2 sentences

2007This is essentially a claim that the trial court failed to properly consider mitigating factors when fashioning Matroni's sentence. "[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review." Commonwealth v. Bullock, 868 A.2d 516, 529 (Pa.Super.2005) (citing Commonwealth v. Wellor, 731 A.2d 152 (Pa.Super.1999); Commonwealth v. Bershad, 693 A.2d 1303 (Pa.Super.1997); Commonwealth v. Urrutia, 439 Pa.Super. 227 , 653 A.2d 706 (1995), appeal denied, 541 Pa. 625 , 661 A.2d 873 (Pa.1995)). ¶ 32 Mat

2007This is essentially a claim that the trial court failed to properly consider mitigating factors when fashioning Matroni's sentence. "[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review." Commonwealth v. Bullock, 868 A.2d 516, 529 (Pa.Super.2005) (citing Commonwealth v. Wellor, 731 A.2d 152 (Pa.Super.1999); Commonwealth v. Bershad, 693 A.2d 1303 (Pa.Super.1997); Commonwealth v. Urrutia, 439 Pa.Super. 227 , 653 A.2d 706 (1995), appeal denied, 541 Pa. 625 , 661 A.2d 873 (Pa.1995)). ¶ 32 Mat

12007–2007
Commonwealth v. Wellor green
pasuperct · 1999
2 sentences

2007This is essentially a claim that the trial court failed to properly consider mitigating factors when fashioning Matroni’s sentence. “[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.” Commonwealth v. Bullock, 868 A.2d 516, 529 (Pa.Super.2005) (citing Commonwealth v. Wellor, 731 A.2d 152 (Pa.Super.1999); Commonwealth v. Bershad, 693 A.2d 1303 (Pa.Super.1997); Commonwealth v. Urrutia, 439 Pa.Super. 227 , 653 A.2d 706 (1995), appeal denied, 541 Pa. 625 , 661 A.2d 873 (Pa.1995)). ¶ 32 Mat

2007This is essentially a claim that the trial court failed to properly consider mitigating factors when fashioning Matroni's sentence. "[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review." Commonwealth v. Bullock, 868 A.2d 516, 529 (Pa.Super.2005) (citing Commonwealth v. Wellor, 731 A.2d 152 (Pa.Super.1999); Commonwealth v. Bershad, 693 A.2d 1303 (Pa.Super.1997); Commonwealth v. Urrutia, 439 Pa.Super. 227 , 653 A.2d 706 (1995), appeal denied, 541 Pa. 625 , 661 A.2d 873 (Pa.1995)). ¶ 32 Mat

12007–2007
Office of Disciplinary Counsel v. Delaney green
pa · 1997
2 sentences

2007This is essentially a claim that the trial court failed to properly consider mitigating factors when fashioning Matroni’s sentence. “[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review.” Commonwealth v. Bullock, 868 A.2d 516, 529 (Pa.Super.2005) (citing Commonwealth v. Wellor, 731 A.2d 152 (Pa.Super.1999); Commonwealth v. Bershad, 693 A.2d 1303 (Pa.Super.1997); Commonwealth v. Urrutia, 439 Pa.Super. 227 , 653 A.2d 706 (1995), appeal denied, 541 Pa. 625 , 661 A.2d 873 (Pa.1995)). ¶ 32 Mat

2007This is essentially a claim that the trial court failed to properly consider mitigating factors when fashioning Matroni's sentence. "[T]his Court has held on numerous occasions that a claim of inadequate consideration of mitigating factors does not raise a substantial question for our review." Commonwealth v. Bullock, 868 A.2d 516, 529 (Pa.Super.2005) (citing Commonwealth v. Wellor, 731 A.2d 152 (Pa.Super.1999); Commonwealth v. Bershad, 693 A.2d 1303 (Pa.Super.1997); Commonwealth v. Urrutia, 439 Pa.Super. 227 , 653 A.2d 706 (1995), appeal denied, 541 Pa. 625 , 661 A.2d 873 (Pa.1995)). ¶ 32 Mat

12007–2007
Commonwealth v. Jones green
pasuperct · 1981
2 sentences

1984Commonwealth v. Smith, 490 Pa. 374 , 416 A.2d 517 (1980); Commonwealth v. Jones, 291 Pa.Super. 69 , 435 A.2d 223 (1981).

1984Commonwealth v. Smith, 490 Pa. 374 , 416 A.2d 517 (1980); Commonwealth v. Jones, 291 Pa.Super. 69 , 435 A.2d 223 (1981).

11984–1984
Commonwealth v. Smith green
pa · 1980
2 sentences

1984Commonwealth v. Smith, 490 Pa. 374 , 416 A.2d 517 (1980); Commonwealth v. Jones, 291 Pa.Super. 69 , 435 A.2d 223 (1981).

1984Commonwealth v. Smith, 490 Pa. 374 , 416 A.2d 517 (1980); Commonwealth v. Jones, 291 Pa.Super. 69 , 435 A.2d 223 (1981).

11984–1984

Where else courts name it

CA 9 (1965–2016) PA 7 (1953–2019) WI 7 (1977–2021) TX 6 (1984–2021) HI 5 (1970–2014) IL 5 (1974–2014) IN 5 (1887–2020) TN 4 (1974–2019) AK 3 (1974–2012) MO 3 (1991–2017) MS 2 (1995–2000) NY 2 (1985–2016) NE 2 (1997–2023) AZ 2 (1985–1994) UT 2 (2011–2013) MA 2 (1985–2025) IA 2 (2014–2016) WV 2 (1981–1991) FL 2 (1991–2016) MI 2 (2019–2025) LA 2 (1983–1984)

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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