application of a clear exception (Pennsylvania) · Go Syfert
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application of a clear exception in Pennsylvania

6 Pennsylvania opinions name it 2 courts 2007–2024 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 (2)

CaseFollowedCited
Trizechahn Gateway LLC v. Titusgreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017“The general rule in this Commonwealth is that there is no recovery of attorney’s fees from an adverse party in the absence of an express statutory authorization, clear agreement between the parties, or the application of a clear exception.” Bayne v. Smith, 965 A.2d 265, 267 (Pa. Super. 2009).5 Whether the Hoyaks are entitled to attorney’s fees in the present case hinges on the following provision in the Lease: 7.00 Additional Rent. [Mr. Dippolito] agrees to pay as additional rent any and all sums which may become due by reason of the failure of [Mr. Dippolito] to comply with any of the covena

11
Bayne v. Smithgreen
pasuperct · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017“The general rule in this Commonwealth is that there is no recovery of attorney’s fees from an adverse party in the absence of an express statutory authorization, clear agreement between the parties, or the application of a clear exception.” Bayne v. Smith, 965 A.2d 265, 267 (Pa. Super. 2009).5 Whether the Hoyaks are entitled to attorney’s fees in the present case hinges on the following provision in the Lease: 7.00 Additional Rent. [Mr. Dippolito] agrees to pay as additional rent any and all sums which may become due by reason of the failure of [Mr. Dippolito] to comply with any of the covena

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 (2)

CaseCitedYears
Neal v. Bavarian Motors, Inc. green
pasuperct · 2005
2 sentences

2024Neal v. Bavarian Motors, Inc., 882 A.2d 1022 , 1032 n. 11 (Pa.Super. 2005)[.] Generally, landlords and tenants can include in a lease any terms and conditions that are not prohibited by statute or other rule of law.

2009Neal v. Bavarian Motors, Inc., 882 A.2d 1022 , 1032 n. 11 (Pa.Super.2005), allocatur denied 589 Pa. 722 , 907 A.2d 1103 (2006).

42007–2024
James Corp. v. North Allegheny School District green
pacommwct · 2007
1 sentence

2016In James Corporation, we explained that “parties are generally not entitled to an award of counsel fees from an adverse party in the absence of express statutory authorization, a clear agreement between the parties, or the application of a clear exception.” 938 A.2d at 490 .

12016–2016

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