unusual requirement (Pennsylvania) · Go Syfert
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unusual requirement in Pennsylvania

7 Pennsylvania opinions name it 5 courts 1924–2017 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 (1)

CaseFollowedCited
cluster 720639green
ca3 · 1996 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017In a sense, the presumption language ... means that the plaintiff bears the burden of proving that the peer review process was not reasonable." Matthews, 87 F.3d at 633 (internal quotations and citation omitted) (emphasis in original).

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 (7)

CaseCitedYears
Hankin v. Harbison green
pa · 1969
1 sentence

2017Id.

12017–2017
Commonwealth v. Chamberlain green
pa · 1999
1 sentence

2002Id.

12002–2002
Austin v. McNamara green
ca9 · 1992
1 sentence

1996This court, citing Austin, supra, said that the “reasonableness” requirements of section 11112(a) create an objective standard and that this section’s rebuttable presumption creates an unusual standard of review for summary judgment because the inquiry focuses on whether the plaintiff has provided sufficient evidence to permit a jury to find that he has overcome, by a preponderance of the evidence, the presumption that physicians in the defendants’ position would reasonably have believed that their actions were warranted by the facts.

11996–1996
McDonald v. Keystone Insurance green
pasuperct · 1983
2 sentences

1986Co., 313 Pa.Super. 404 , 459 A.2d 1292 (1983), the argument that defendant insurer is es-topped from raising the defense of non-permission because the insurer failed to warn him of the limitation makes no sense as applied to this case.

1986Co., 313 Pa.Super. 404 , 459 A.2d 1292 (1983), the argument that defendant insurer is es-topped from raising the defense of non-permission because the insurer failed to warn him of the limitation makes no sense as applied to this case.

11986–1986
Damon v. Berger green
pasuperct · 1959
2 sentences

1967Francis v. Corleto, 418 Pa. 417 , 211 A. 2d 503 (1965); Damon & Foster v. Berger, 191 Pa. Superior Ct. 165 , 155 A. 2d 388 (1959). 5 When relating to the time of doing something, “shall” has usually been considered directory.

1967Francis v. Corleto, 418 Pa. 417 , 211 A. 2d 503 (1965); Damon & Foster v. Berger, 191 Pa. Superior Ct. 165 , 155 A. 2d 388 (1959). 5 When relating to the time of doing something, “shall” has usually been considered directory.

11967–1967
Francis v. Corleto green
pa · 1965
2 sentences

1967Francis v. Corleto, 418 Pa. 417 , 211 A. 2d 503 (1965); Damon & Foster v. Berger, 191 Pa. Superior Ct. 165 , 155 A. 2d 388 (1959). 5 When relating to the time of doing something, “shall” has usually been considered directory.

1967Francis v. Corleto, 418 Pa. 417 , 211 A. 2d 503 (1965); Damon & Foster v. Berger, 191 Pa. Superior Ct. 165 , 155 A. 2d 388 (1959). 5 When relating to the time of doing something, “shall” has usually been considered directory.

11967–1967
Sharpless v. Boldt neutral
pa · 1907
1 sentence

1924As was said by Chief Justice Mitchell, in Sharpless v. Boldt, 218 Pa. 372 : “Party walls are creatures of statutes. [In effect] they are provisions for taking one man’s property for the private use of another; which, in general, is beyond the legislative power even for police purposes.

11924–1924

Where else courts name it

CA 18 (1954–2026) MS 8 (1992–2018) PA 7 (1924–2017) LA 6 (1991–2015) WI 5 (1974–2021) FL 4 (1995–2008) IN 4 (1972–1998) MD 4 (1980–2011) SC 3 (1934–2022) MI 3 (1962–2006) MO 3 (1948–2023) NC 3 (1991–2026) NY 2 (1937–2024) NJ 2 (1977–2020) IA 2 (1898–2019) VA 2 (2016–2019) DE 2 (1990–2014) TX 2 (1997–2015) CO 2 (2011–2020)

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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