concept waiver in Pennsylvania

1992Id., 142 Pa.Commonwealth Ct. at 187, 597 A.2d at 187 .

1992Id., 142 Pa.Commonwealth Ct. at 187, 597 A.2d at 187 .

1988In that case the Supreme Court extended to unemployment compensation proceedings the concept of waiver, which it previously had applied to civil matters in Dilliplaine v. Lehigh Trust Co., 457 Pa. 255 , 322 A.2d 114 (1974).

1988In that case the Supreme Court extended to unemployment compensation proceedings the concept of waiver, which it previously had applied to civil matters in Dilliplaine v. Lehigh Trust Co., 457 Pa. 255 , 322 A.2d 114 (1974).

1967However, a very significant change in the concept of the rule of felony murder was enunciated by this Court in Commonwealth v. Redline, 391 Pa. 486 , 137 A. 2d 472 (1958).

1967However, a very significant change in the concept of the rule of felony murder was enunciated by this Court in Commonwealth v. Redline, 391 Pa. 486 , 137 A. 2d 472 (1958).

2025Rather, in Rancosky, our Supreme Court stated that the term “bad faith” (without reference to the term “claim”) “had acquired a particular meaning.” Rancosky, 170 A.3d at 373 . - 25 - J-A18009-25 “claim” “and there is no basis to limit its meaning”); Bonenberger, 791 A.2d at 383 .

2025Rather, in Rancosky, our Supreme Court stated that the term “bad faith” (without reference to the term “claim”) “had acquired a particular meaning.” Rancosky, 170 A.3d at 373 . - 25 - J-A18009-25 “claim” “and there is no basis to limit its meaning”); Bonenberger, 791 A.2d at 383 .

2020The legislative branch is not similarly constrained, and if the General Assembly believes that additional measures are needed in favor of small landowners, it is in a better position to ascertain the need for such measures and to articulate their details.15 Accordingly, we reject as a matter of law the concept that the rule of capture is inapplicable to drilling and hydraulic fracturing that occurs entirely within the developer’s property solely because drainage of 15See, e.g., 58 P.S. §§401-419 (Oil and Gas Conservation Law of 1961); Hunter Co. v. McHugh, 11 So. 2d 495 (La. 1942) (upholding a

2020The legislative branch is not similarly constrained, and if the General Assembly believes that additional measures are needed in favor of small landowners, it is in a better position to ascertain the need for such measures and to articulate their details.15 Accordingly, we reject as a matter of law the concept that the rule of capture is inapplicable to drilling and hydraulic fracturing that occurs entirely within the developer’s property solely because drainage of 15See, e.g., 58 P.S. §§401-419 (Oil and Gas Conservation Law of 1961); Hunter Co. v. McHugh, 11 So. 2d 495 (La. 1942) (upholding a

2020The legislative branch is not similarly constrained, and if the General Assembly believes that additional measures are needed in favor of small landowners, it is in a better position to ascertain the need for such measures and to articulate their details.15 Accordingly, we reject as a matter of law the concept that the rule of capture is inapplicable to drilling and hydraulic fracturing that occurs entirely within the developer’s property solely because drainage of 15See, e.g., 58 P.S. §§401-419 (Oil and Gas Conservation Law of 1961); Hunter Co. v. McHugh, 11 So. 2d 495 (La. 1942) (upholding a

2015Id.

2014Appellant relies instead on general statements in much later cases that it is “the exclusive province of the jury” to hear evidence and decide damages in negligence cases, and broadly declares that the “right to sue governmental units for negligence includes the right to have a jury determine damages.” Appellant’s Brief at 54-55 (citing Doe v. Raezer, 444 Pa.Super. 334 , 664 A.2d 102, 105 (1995) (reversing trial court’s grant of remittitur; judicial reduction of jury award appropriate only if award is plainly excessive and exorbitant) (superseded in part on other grounds by Vogelsberger v. Mag

2014Appellant relies instead on general statements in much later cases that it is “the exclusive province of the jury” to hear evidence and decide damages in negligence cases, and broadly declares that the “right to sue governmental units for negligence includes the right to have a jury determine damages.” Appellant’s Brief at 54-55 (citing Doe v. Raezer, 444 Pa.Super. 334 , 664 A.2d 102, 105 (1995) (reversing trial court’s grant of remittitur; judicial reduction of jury award appropriate only if award is plainly excessive and exorbitant) (superseded in part on other grounds by Vogelsberger v. Mag

2014Appellant relies instead on general statements in much later cases that it is “the exclusive province of the jury” to hear evidence and decide damages in negligence cases, and broadly declares that the “right to sue governmental units for negligence includes the right to have a jury determine damages.” Appellant’s Brief at 54-55 (citing Doe v. Raezer, 664 A.2d 102, 105 (Pa. Super. 1995) (reversing trial court’s grant of remittitur; judicial reduction of jury award appropriate only if award is plainly excessive and exorbitant) (superseded in part on other grounds by Vogelsberger v. Magee-Womens

2014Appellant relies instead on general statements in much later cases that it is “the exclusive province of the jury” to hear evidence and decide damages in negligence cases, and broadly declares that the “right to sue governmental units for negligence includes the right to have a jury determine damages.” Appellant’s Brief at 54-55 (citing Doe v. Raezer, 444 Pa.Super. 334 , 664 A.2d 102, 105 (1995) (reversing trial court’s grant of remittitur; judicial reduction of jury award appropriate only if award is plainly excessive and exorbitant) (superseded in part on other grounds by Vogelsberger v. Mag

2011The concept of immunity assumes this and goes on to assume that it is better to risk some error and possible injury from such error than not to decide or act at all. 'The privilege is not a badge or emolument of exalted office, but an expression of a policy designed to aid in the effective functioning of government.’ Scheuer v. Rhodes, 416 U.S. 232, 241-42 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) (quoting Barr v. Matteo, 360 U.S. 564, 572-73 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959)), overruled on other grounds, Davis v. Scherer, 468 U.S. 183 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (citations omi

2011The concept of immunity assumes this and goes on to assume that it is better to risk some error and possible injury from such error than not to decide or act at all. 'The privilege is not a badge or emolument of exalted office, but an expression of a policy designed to aid in the effective functioning of government.’ Scheuer v. Rhodes, 416 U.S. 232, 241-42 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) (quoting Barr v. Matteo, 360 U.S. 564, 572-73 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959)), overruled on other grounds, Davis v. Scherer, 468 U.S. 183 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (citations omi

2011The concept of immunity assumes this and goes on to assume that it is better to risk some error and possible injury from such error than not to decide or act at all. 'The privilege is not a badge or emolument of exalted office, but an expression of a policy designed to aid in the effective functioning of government.’ Scheuer v. Rhodes, 416 U.S. 232, 241-42 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) (quoting Barr v. Matteo, 360 U.S. 564, 572-73 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959)), overruled on other grounds, Davis v. Scherer, 468 U.S. 183 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (citations omi

2011The concept of immunity assumes this and goes on to assume that it is better to risk some error and possible injury from such error than not to decide or act at all. 'The privilege is not a badge or emolument of exalted office, but an expression of a policy designed to aid in the effective functioning of government.’ Scheuer v. Rhodes, 416 U.S. 232, 241-42 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) (quoting Barr v. Matteo, 360 U.S. 564, 572-73 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959)), overruled on other grounds, Davis v. Scherer, 468 U.S. 183 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (citations omi

2011The concept of immunity assumes this and goes on to assume that it is better to risk some error and possible injury from such error than not to decide or act at all. 'The privilege is not a badge or emolument of exalted office, but an expression of a policy designed to aid in the effective functioning of government.’ Scheuer v. Rhodes, 416 U.S. 232, 241-42 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) (quoting Barr v. Matteo, 360 U.S. 564, 572-73 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959)), overruled on other grounds, Davis v. Scherer, 468 U.S. 183 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (citations omi

2011The concept of immunity assumes this and goes on to assume that it is better to risk some error and possible injury from such error than not to decide or act at all. 'The privilege is not a badge or emolument of exalted office, but an expression of a policy designed to aid in the effective functioning of government.’ Scheuer v. Rhodes, 416 U.S. 232, 241-42 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974) (quoting Barr v. Matteo, 360 U.S. 564, 572-73 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959)), overruled on other grounds, Davis v. Scherer, 468 U.S. 183 , 104 S.Ct. 3012 , 82 L.Ed.2d 139 (1984) (citations omi

2007Were we to ignore the question, moreover, we would fail to "make an independent examination of the whole record in order to make sure that the judgment does not constitute a forbidden intrusion on the field of free expression." Bose Corp. v. Consumers Union, 466 U.S. 485, 499 , 104 S.Ct. 1949, 1958 , 80 L.Ed.2d 502 (1984) (internal quotation marks omitted); see Milkovich v. Lorain Journal Co., 497 U.S. 1, 20-21 , 110 S.Ct. 2695, 2706-07 , 111 L.Ed.2d 1 (1990) (suggesting that the enhanced appellate review required by Bose Corp. applies to determinations as to public-figure versus private-figur

2007Were we to ignore the question, moreover, we would fail to "make an independent examination of the whole record in order to make sure that the judgment does not constitute a forbidden intrusion on the field of free expression." Bose Corp. v. Consumers Union, 466 U.S. 485, 499 , 104 S.Ct. 1949, 1958 , 80 L.Ed.2d 502 (1984) (internal quotation marks omitted); see Milkovich v. Lorain Journal Co., 497 U.S. 1, 20-21 , 110 S.Ct. 2695, 2706-07 , 111 L.Ed.2d 1 (1990) (suggesting that the enhanced appellate review required by Bose Corp. applies to determinations as to public-figure versus private-figur

2002Although the concept of waiver based upon an “advice of counsel” defense can be applied with greater ease if the underlying arbitration or litigation has already been concluded, see e,g., Birth Center, supra, it is equally applicable in cases where the first-party benefits claim is still pending.