6 Pennsylvania opinions name it 3 courts 1975–2024 2 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.
| Case | Followed | Cited |
|---|---|---|
Koken v. Legion Insurancegreen1 sentence2024Co., 900 A.2d 418, 424 (Pa. Cmwlth. 2006) (explaining that, under the Pennsylvania Rules of Civil Procedure, counterclaims are a cause of action that the defendant has against the plaintiff at the time of filing the answer, whereas a defense defeats or diminishes the amount of the plaintiff’s recovery); see also 6 Standard Pennsylvania Practice 2d § 29:4 (“The distinction between a counterclaim and a defense is that a defense merely precludes or diminishes the amount of the plaintiff’s recovery, while a counterclaim may entitle the defendant in the original action to some amount of affirmative | 1 | 1 |
Crisman v. Corbingreen1 sentence1975According to Black’s Law Dictionary, page 508 (1951 ed.) one of the definitions for the word “defense” is: “Defense is not something by means of which party who interposes it can obtain relief for himself.” The case where this definition is found, Crisman v. Corbin, 169 Oregon 332, 128 P. 2d 959, 964 (1942), states: “A defense is something which simply prevents or defeats the recovery of a remedy . . . and not something by means of which the party who interposes it can obtain relief for himself.” It is clear that defendant’s counterclaim is meant to obtain relief for himself. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Eichelman v. Nationwide Insurance
green
1 sentence2021Trial Ct. Op., 5/22/20, at 3. -3- J-A11034-21 Subsequently, [Erie] filed the current motion for Judgment on the Pleadings on March 3, 2020, contending [Appellees] are not entitled to underinsured motorist coverage under the Erie policy based upon the . . . decision in Eichelman[, 711 A.2d 1006 .] Conversely, [Appellees continue to] argue they are entitled to underinsured motorist coverage as household exclusions have been determined to be unenforceable as those clauses violate the Motor Vehicle Financial Responsibility Law (hereinafter “MVFRL”) pursuant to . . . | 1 | 2021–2021 |
Schwarzwaelder v. Fox
green
1 sentence2018Although the court generally should exercise its discretion to permit amendments, it need not permit amendments where they would be an exercise in futility, that is, "where a party will be unable to state a claim on which relief could be granted ..." Schwartzwaelder v. Fox , 895 A.2d 614 , 621 (Pa. Super. 2006) (citation omitted). | 1 | 2018–2018 |
Tettis v. Boyum
green
2 sentences1986The trial court relied on this court’s decision in Tettis v. Boyum, 317 Pa. Super. 8 , 463 A.2d 1056 (1983) to support its conclusion that when a state other than Pennsylvania is a child’s “home state”, a Pennsylvania court cannot exercise jurisdiction on a “significant contacts” theory. 1986The trial court relied on this court’s decision in Tettis v. Boyum, 317 Pa. Super. 8 , 463 A.2d 1056 (1983) to support its conclusion that when a state other than Pennsylvania is a child’s “home state”, a Pennsylvania court cannot exercise jurisdiction on a “significant contacts” theory. | 1 | 1986–1986 |
Commonwealth, Department of Public Welfare v. Ludlow Clinical Laboratories, Inc.
green
2 sentences1983Commonwealth v. Ludlow Clinical Laboratories, Inc., 473 Pa. 299 , 374 A.2d 526 (1977). 1983Commonwealth v. Ludlow Clinical Laboratories, Inc., 473 Pa. 299 , 374 A.2d 526 (1977). | 1 | 1983–1983 |
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.