prima facie case defense (Pennsylvania) · Go Syfert
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prima facie case defense in Pennsylvania

7 Pennsylvania opinions name it 5 courts 1973–2026 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 (4)

CaseFollowedCited
Com. v. Mendoza, A.green
pasuperct · 2022 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026See Mendoza, 287 A.3d at 462 ; Rapak, 138 A.3d at 672 .

11
Commonwealth v. Martigreen
pasuperct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014Id. (citing Commonwealth v. Marti, 779 A.2d 1177, 1180 (Pa. Super. 2001)). guilt beyond a reasonable doubt at this stage.

11
Commonwealth v. Cravergreen
pa · 1997 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004In that case, after citing Commonwealth v. Craver, 547 Pa. 17 , 688 A.2d 691, 696 (1997), for Pennsylvania’s articulation of the prima facie case requirement stated in Duren , our Supreme Court stated that “[pjroof is required of an actual discriminatory practice in the jury selection process, not merely under-representation of one particular group.” Johnson, 838 A.2d at 682 (emphasis added).

2004In that case, after citing Commonwealth v. Craver, 547 Pa. 17 , 688 A.2d 691, 696 (1997), for Pennsylvania’s articulation of the prima facie case requirement stated in Duren , our Supreme Court stated that “[pjroof is required of an actual discriminatory practice in the jury selection process, not merely under-representation of one particular group.” Johnson, 838 A.2d at 682 (emphasis added).

11
Commonwealth v. Johnsongreen
pa · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
1 sentence

2004In that case, after citing Commonwealth v. Craver, 547 Pa. 17 , 688 A.2d 691, 696 (1997), for Pennsylvania’s articulation of the prima facie case requirement stated in Duren , our Supreme Court stated that “[pjroof is required of an actual discriminatory practice in the jury selection process, not merely under-representation of one particular group.” Johnson, 838 A.2d at 682 (emphasis added).

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 (10)

CaseCitedYears
In re Japanese Electronic Products Antitrust Litigation green
ca3 · 1983
2 sentences

1990The critical question in deciding a motion for summary judgment “is whether the admissible evidence in the record, in whatever form, from whatever source, considered in a light most favorable to the respondent to the motion, fails to establish a prima facie case or defense.” In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238 (3d Cir. 1983), cert. denied, 481 U.S. 1029 , 107 S.Ct. 1955 , 95 L.Ed. 2d 527 (1987).

1989The inquiry in deciding a motion for summary judgment “is whether the admissible evidence in the record, in whatever form, from whatever source, considered in the light most favorable to the respondent to the motion, fails to establish a prima facie case or defense.” In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238 (3d Cir.1983), cert. denied, 481 U.S. 1029 , 107 S.Ct. 1955 , 95 L.Ed.2d 527 (1987).

21989–1990
Potenze v. New York Shipping Ass'n green
scotus · 1987
2 sentences

1990The critical question in deciding a motion for summary judgment “is whether the admissible evidence in the record, in whatever form, from whatever source, considered in a light most favorable to the respondent to the motion, fails to establish a prima facie case or defense.” In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238 (3d Cir. 1983), cert. denied, 481 U.S. 1029 , 107 S.Ct. 1955 , 95 L.Ed. 2d 527 (1987).

1989The inquiry in deciding a motion for summary judgment “is whether the admissible evidence in the record, in whatever form, from whatever source, considered in the light most favorable to the respondent to the motion, fails to establish a prima facie case or defense.” In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238 (3d Cir.1983), cert. denied, 481 U.S. 1029 , 107 S.Ct. 1955 , 95 L.Ed.2d 527 (1987).

21989–1990
Chevron U. S. A. Inc. v. JHJ Ltd. I green
scotus · 1987
2 sentences

1990The critical question in deciding a motion for summary judgment “is whether the admissible evidence in the record, in whatever form, from whatever source, considered in a light most favorable to the respondent to the motion, fails to establish a prima facie case or defense.” In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238 (3d Cir. 1983), cert. denied, 481 U.S. 1029 , 107 S.Ct. 1955 , 95 L.Ed. 2d 527 (1987).

1989The inquiry in deciding a motion for summary judgment “is whether the admissible evidence in the record, in whatever form, from whatever source, considered in the light most favorable to the respondent to the motion, fails to establish a prima facie case or defense.” In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238 (3d Cir.1983), cert. denied, 481 U.S. 1029 , 107 S.Ct. 1955 , 95 L.Ed.2d 527 (1987).

21989–1990
Octopi, Inc. v. Courtney green
scotus · 1987
2 sentences

1990The critical question in deciding a motion for summary judgment “is whether the admissible evidence in the record, in whatever form, from whatever source, considered in a light most favorable to the respondent to the motion, fails to establish a prima facie case or defense.” In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238 (3d Cir. 1983), cert. denied, 481 U.S. 1029 , 107 S.Ct. 1955 , 95 L.Ed. 2d 527 (1987).

1989The inquiry in deciding a motion for summary judgment “is whether the admissible evidence in the record, in whatever form, from whatever source, considered in the light most favorable to the respondent to the motion, fails to establish a prima facie case or defense.” In re Japanese Electronic Products Antitrust Litigation, 723 F.2d 238 (3d Cir.1983), cert. denied, 481 U.S. 1029 , 107 S.Ct. 1955 , 95 L.Ed.2d 527 (1987).

21989–1990
Commonwealth v. Rapak green
pasuperct · 2016
1 sentence

2026See Mendoza, 287 A.3d at 462 ; Rapak, 138 A.3d at 672 .

12026–2026
Commonwealth v. Patrick green
pasuperct · 2007
1 sentence

2014Id. (citing Commonwealth v. Marti, 779 A.2d 1177, 1180 (Pa. Super. 2001)). guilt beyond a reasonable doubt at this stage.

12014–2014
Rose v. Food Fair Stores, Inc. green
pa · 1970
2 sentences

1989See also: Rose v. Food Fair Stores, Inc., 437 Pa. 117 , 262 A.2d 851 (1970) (summary judgment properly entered where averments of complaint could not be proved because of parol evidence rule).

1989See also: Rose v. Food Fair Stores, Inc., 437 Pa. 117 , 262 A.2d 851 (1970) (summary judgment properly entered where averments of complaint could not be proved because of parol evidence rule).

11989–1989
Dental Manufacturing Supply Co. v. Southern Railway Co. neutral
pasuperct · 1923
1 sentence

1987Dental Manufacturing Supply Co. v. Southern Railway, 82 Pa. Super. 558 (1924).

11987–1987
Repass v. Rees green
cod · 1959
1 sentence

1973That section provides, in its relevant part, as follows: “Section 5(a) Unless a registration statement is in effect as to a security, it shall be unlawful for any person directly or indirectly— “(1) to make use of any means or instrument of transportation or communication in interstate commerce or of the mails to sell such securities through the use or medium of any prospectus or otherwise.” Plaintiff presented at trial a prima facie case of violation of that statute, by establishing that defendant sold him unregistered securities and that an instrument of communication in interstate commerce,

11973–1973
Lennerth v. Mendenhall green
ohnd · 1964
1 sentence

1973Even if all the phone calls took place within Pennsylvania, the interstate commerce requirement has been met, for it is the character of the instrument used, rather than the nature of the call which is determinative: Lennerth v. Mendenhall, 234 F. Supp. 59 (1964).

11973–1973

Where else courts name it

IN 134 (1911–2018) NY 77 (1915–2026) TX 40 (1926–2024) IL 25 (1982–2024) NC 13 (1906–2017) OH 13 (1958–2025) WA 12 (1913–2017) CA 11 (1914–2019) MI 10 (1962–2024) MO 9 (1901–2021) WI 9 (1910–2023) LA 8 (2001–2024) PA 7 (1973–2026) TN 6 (1965–2024) ND 6 (2013–2026) FL 6 (1992–2013) IA 5 (2012–2023) AL 5 (1977–2006) CO 5 (1957–2013) MA 5 (1997–2020) AZ 5 (1985–2022) NJ 4 (1998–2024) NM 4 (2017–2024) AR 4 (1993–2000) DC 3 (1987–2007) UT 3 (1989–2003) OR 3 (1954–2010) HI 2 (1939–2016) CT 2 (2001–2002) WY 2 (1978–2007) KY 2 (1922–2017)

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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