policy reasons behind rule (Pennsylvania) · Go Syfert
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policy reasons behind rule in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1994–2020 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 (2)

CaseFollowedCited
Popowsky v. Pennsylvania Public Utility Commissiongreen
pacommwct · 1994 · cited in 2 Pennsylvania opinions naming this issue, 1997–2015
2 sentences

2015Popowsky v. Public Utility Commission, 642 A.2d 648, 650-51 (Pa. Cmwlth. 1994) (citations omitted) (“Popowsky I”).

1997PP & LI, 642 A.2d at 651 .

12
Estate of Daisy F. Christ, Deceased, Robert Johnson Christ v. Commissioner of Internal Revenuegreen
ca9 · 1973 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Under similar facts, the Third Circuit, 16 applying its essentially identical rule (Fed.R.Evid. 606), reiterated the policy reasons behind the rule which include: "discouraging harassment of jurors by losing parties eager to have the verdict set aside; ... promoting verdict finality; [and] maintaining the viability of the jury as a judicial decision-making body .11 United States v. Lakhani, 480 F.2d 171, 184 (3d Cir. 2007) (quoting Gov't of the V.l. v. Gereau, 523 F.2d 140 (3d Cir. 1975)).

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 (6)

CaseCitedYears
Ronald H. Brown Charter School v. Harrisburg City School District green
pacommwct · 2007
2 sentences

2020Brown Charter School Court further found that “nothing in Section 1721-A of the [CSL] indicates that the General Assembly intended to abrogate the common law rule that a majority is determined by the number currently serving, not the total number of appointments that could be made to [CAB].” Id. at 1150 . [O]ur Supreme Court explained the common law rule and the policy reasons behind the rule as follows: In determining the number of votes necessary for a deliberative body to take official action, Pennsylvania follows the common law rule.

2020Brown Charter School Court further found that “nothing in Section 1721-A of the [CSL] indicates that the General Assembly intended to abrogate the common law rule that a majority is determined by the number currently serving, not the total number of appointments that could be made to [CAB].” Id. at 1150 . [O]ur Supreme Court explained the common law rule and the policy reasons behind the rule as follows: In determining the number of votes necessary for a deliberative body to take official action, Pennsylvania follows the common law rule.

22020–2020
Government of the Virgin Islands v. Beaumont Gereau, in Nos. 74-2019, 74-2020, 74-2021, 74-2022,74-2023 green
ca3 · 1975
1 sentence

2016Under similar facts, the Third Circuit, 16 applying its essentially identical rule (Fed.R.Evid. 606), reiterated the policy reasons behind the rule which include: "discouraging harassment of jurors by losing parties eager to have the verdict set aside; ... promoting verdict finality; [and] maintaining the viability of the jury as a judicial decision-making body .11 United States v. Lakhani, 480 F.2d 171, 184 (3d Cir. 2007) (quoting Gov't of the V.l. v. Gereau, 523 F.2d 140 (3d Cir. 1975)).

12016–2016
Stoltz v. McConnon green
pa · 1977
2 sentences

2007Stoltz v. McConnon, 473 Pa. 157 , 373 A.2d 1096 (1977); *1148 Munce v. O’Hara, 340 Pa. 209 , 16 A.2d 532 (1940); see also Commonwealth of Pennsylvania ex rel.

2007Stoltz v. McConnon, 473 Pa. 157 , 373 A.2d 1096 (1977); *1148 Munce v. O’Hara, 340 Pa. 209 , 16 A.2d 532 (1940); see also Commonwealth of Pennsylvania ex rel.

12007–2007
DiGiacinto v. City of Allentown green
pa · 1979
2 sentences

2007In DiGiacinto v. City of Allentown, 486 Pa. 436 , 406 A.2d 520 (1979), our Supreme Court explained the common law rule and the policy reasons behind the rule as follows: In determining the number of votes necessary for a deliberative body to take official action, Pennsylvania follows the common law rule.

2007In DiGiacinto v. City of Allentown, 486 Pa. 436 , 406 A.2d 520 (1979), our Supreme Court explained the common law rule and the policy reasons behind the rule as follows: In determining the number of votes necessary for a deliberative body to take official action, Pennsylvania follows the common law rule.

12007–2007
Munce v. O'Hara green
pa · 1940
2 sentences

2007Stoltz v. McConnon, 473 Pa. 157 , 373 A.2d 1096 (1977); *1148 Munce v. O’Hara, 340 Pa. 209 , 16 A.2d 532 (1940); see also Commonwealth of Pennsylvania ex rel.

2007Stoltz v. McConnon, 473 Pa. 157 , 373 A.2d 1096 (1977); *1148 Munce v. O’Hara, 340 Pa. 209 , 16 A.2d 532 (1940); see also Commonwealth of Pennsylvania ex rel.

12007–2007
Pike County Light & Power Co. v. Pennsylvania Public Utility Commission green
pacommwct · 1985
1 sentence

1994This court has stated the rule as “[t]he Commission clearly may not establish rates which are calculated to retroactively recover surpluses or refund deficits created by inaccuracies in its prior rate authorizations.” Pike County Light & Power Company v. Pennsylvania Public Utility Commission, 87 Pa.Commonwealth Ct. 451, 456, 487 A.2d 118 (1985).

11994–1994

Where else courts name it

LA 18 (2004–2025) PA 7 (1994–2020) NY 6 (1985–2015) OH 4 (1982–2020) TX 4 (2001–2021) IL 2 (2015–2015) MD 2 (2022–2022) IN 2 (2004–2026)

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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