party to assert waiver (Pennsylvania) · Go Syfert
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party to assert waiver in Pennsylvania

7 Pennsylvania opinions name it 3 courts 1973–2021 1 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
Commonwealth v. Western Maryland Railway Co.green
pa · 1954 · cited in 3 Pennsylvania opinions naming this issue, 2007–2021
2 sentences

2021See, e.g., Commonwealth v. W[.] M[d.] [R.R.] Co[.], . . . 105 A.2d 336 ([Pa.] 1954) . . . (cannot estop the government from collecting taxes which are legally due); Commonwealth v. A.M.

2020See, e.g., Commonwealth v. W[.] M[d.] [R.R.] Co[.], . . . 105 A.2d 336 ([Pa.] 1954) . . . (cannot estop the government from collecting taxes which are legally due); Commonwealth v. A.M.

33
Domako v. Rowegreen
mich · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Fla. 1973) (“Fundamental fairness and justice requires [sic] that if the defendant intends to waive the privilege at trial by the introduction of evidence within that privilege, then the defendant will be required to allow discovery with regard to matters material to that testimony.”); Domako v. Rowe, 475 N.W.2d 30, 33 (Mich. 1991) ( “[I]t is patently unfair for a party to assert a privilege during pretrial proceedings, frustrate rightful discovery by the other party, and then voluntarily waive that privilege at trial, thereby catching the opposing party unprepared, surprised, and at an extrem

11
Western Maryland Railway Co. v. Pennsylvaniagreen
scotus · 1954 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
2 sentences

2007See, e.g., Commonwealth v. Western Maryland Railway Company, 377 Pa. 312 , 105 A.2d 336 (1954), cert. denied, 348 U.S. 857 , 75 S.Ct. 82 , 99 L.Ed. 675 (1954) (cannot estop the government from collecting taxes which are legally due); Commonwealth v. A.M.

2007See, e.g., Commonwealth v. Western Maryland Railway Company, 377 Pa. 312 , 105 A.2d 336 (1954), cert. denied, 348 U.S. 857 , 75 S.Ct. 82 , 99 L.Ed. 675 (1954) (cannot estop the government from collecting taxes which are legally due); Commonwealth v. A.M.

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
Snyder v. Harmon green
pa · 1989
2 sentences

2011Thus, now, in order for a party to assert a claim under this exception “for injuries caused by a substance or an object on Commonwealth real estate [ the party] must allege that the dangerous condition ‘derivefd], originated] or ha[d] as its source the Commonwealth realty’ itself.” Jones, 565 Pa. at 225 , 772 A.2d at 443 (quoting Snyder v. Harmon, 522 Pa. 424, 433 , 562 A.2d 307 , 311 & n. 5 (1989) (alterations in Jones)) (emphasis added) (first alteration added).

2011Thus, now, in order for a party to assert a claim under this exception “for injuries caused by a substance or an object on Commonwealth real estate [ the party] must allege that the dangerous condition ‘derivefd], originated] or ha[d] as its source the Commonwealth realty’ itself.” Jones, 565 Pa. at 225 , 772 A.2d at 443 (quoting Snyder v. Harmon, 522 Pa. 424, 433 , 562 A.2d 307 , 311 & n. 5 (1989) (alterations in Jones)) (emphasis added) (first alteration added).

12011–2011
Jones v. Southeastern Pennsylvania Transportation Authority green
pa · 2001
2 sentences

2011Thus, now, in order for a party to assert a claim under this exception “for injuries caused by a substance or an object on Commonwealth real estate [ the party] must allege that the dangerous condition ‘derivefd], originated] or ha[d] as its source the Commonwealth realty’ itself.” Jones, 565 Pa. at 225 , 772 A.2d at 443 (quoting Snyder v. Harmon, 522 Pa. 424, 433 , 562 A.2d 307 , 311 & n. 5 (1989) (alterations in Jones)) (emphasis added) (first alteration added).

2011Thus, now, in order for a party to assert a claim under this exception “for injuries caused by a substance or an object on Commonwealth real estate [ the party] must allege that the dangerous condition ‘derivefd], originated] or ha[d] as its source the Commonwealth realty’ itself.” Jones, 565 Pa. at 225 , 772 A.2d at 443 (quoting Snyder v. Harmon, 522 Pa. 424, 433 , 562 A.2d 307 , 311 & n. 5 (1989) (alterations in Jones)) (emphasis added) (first alteration added).

12011–2011
Lehigh Coal & Navigation Co. v. Early neutral
pa · 1894
2 sentences

1976Fidelity Insurance, Trust and Safe Deposit Company v. Fridenberg, 175 Pa. 500 , 34 A. 848 (1896); Lehigh Coal Co. v. Early, 162 Pa. 338 , 29 A. 736 (1894).

1976Fidelity Insurance, Trust and Safe Deposit Company v. Fridenberg, 175 Pa. 500 , 34 A. 848 (1896); Lehigh Coal Co. v. Early, 162 Pa. 338 , 29 A. 736 (1894).

11976–1976
Fidelity Insurance, Trust & Safe Deposit Co. v. Fridenberg green
pa · 1896
2 sentences

1976Fidelity Insurance, Trust and Safe Deposit Company v. Fridenberg, 175 Pa. 500 , 34 A. 848 (1896); Lehigh Coal Co. v. Early, 162 Pa. 338 , 29 A. 736 (1894).

1976Fidelity Insurance, Trust and Safe Deposit Company v. Fridenberg, 175 Pa. 500 , 34 A. 848 (1896); Lehigh Coal Co. v. Early, 162 Pa. 338 , 29 A. 736 (1894).

11976–1976
Thompson Will green
pa · 1965
2 sentences

1973So, in Thompson Will, 416 Pa. 249 , 206 A.2d 21 (1965), a lower court was reversed in failing to permit an amended petition wherein the grounds giving rise to the appeal could be fully set forth.

1973So, in Thompson Will, 416 Pa. 249 , 206 A.2d 21 (1965), a lower court was reversed in failing to permit an amended petition wherein the grounds giving rise to the appeal could be fully set forth.

11973–1973

Where else courts name it

PA 7 (1973–2021) VT 4 (2018–2026) TX 3 (2008–2020) FL 2 (2008–2011) KY 2 (1984–2021) CT 2 (1998–2000) NY 2 (1986–1994) CO 2 (1986–1992) OH 2 (2007–2020) MI 2 (2015–2015)

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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