decision announces a new principle (Pennsylvania) · Go Syfert
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decision announces a new principle in Pennsylvania

6 Pennsylvania opinions name it 3 courts 1997–2021 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
Fiore v. Whitegreen
pa · 2000 · cited in 2 Pennsylvania opinions naming this issue, 2014–2021
2 sentences

2021In Flore v. White, 757 A.2d 842, 847 (Pa. 2000), our Supreme Court clarified that: There can be no change to statutory law when there has been no amendment by the legislature and no prior decision by this Court.

2014Fiore v. White, 562 Pa. 634 , 757 A.2d 842, 847 (2000).

22
Cleveland v. Johns-Manville Corp.green
pa · 1997 · cited in 2 Pennsylvania opinions naming this issue, 1999–2003
2 sentences

2003Id. at 414 , 690 A.2d at 1152 .

2003Id. at 414 , 690 A.2d at 1152 .

12
Blackwell v. Com. State Ethics Com'ngreen
pa · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011Where the decision announces a new rule of law, however, the court is vested with discretion to limit its effect on a case by ease basis. 2 In such an instance, “the decision of whether to apply the new rule retroactively or prospectively is a function of several considerations: the purpose to be served by the new rule, the extent of the reliance on the old rale, and the effect on the administration of justice by the retroactive application of the new rule.” See id.

2011See also Bugosh, 971 A.2d at 1243 n. 25 (citing Blackwell, 589 A.2d at 1100 ) (“[T]he standard adopted by this Court considers: whether the decision establishes a new principle of law; the merits by reviewing the history of the rule in question, its purpose and effect, and the potential impact of retroactive effect on its application; and the equities involved.”).

11
Bugosh v. I.U. North America, Inc.green
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
1 sentence

2011See also Bugosh, 971 A.2d at 1243 n. 25 (citing Blackwell, 589 A.2d at 1100 ) (“[T]he standard adopted by this Court considers: whether the decision establishes a new principle of law; the merits by reviewing the history of the rule in question, its purpose and effect, and the potential impact of retroactive effect on its application; and the equities involved.”).

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 (3)

CaseCitedYears
Passarello v. Grumbine green
pa · 2014
1 sentence

2021“With respect to a retroactivity analysis, a decision announces a new rule of law if it overrules prior law, expresses a fundamental break from precedent that litigants may have relied on, or decides an issue of first impression not clearly foreshadowed by precedent.” Passarello v. Grumbine, 87 A.3d 285 (Pa. 2014).

12021–2021
Chevron Oil Co. v. Huson red
scotus · 1971
2 sentences

1997Schreiber v. Republic Intermodal Corp., 473 Pa. 614 , 375 A.2d 1285 (1977) (citing Chevron Oil Co. v. Huson, 404 U.S. 97 , 92 S.Ct. 349 , 30 L.Ed.2d 296 (1971)); see also Blackwell.

1997Schreiber v. Republic Intermodal Corp., 473 Pa. 614 , 375 A.2d 1285 (1977) (citing Chevron Oil Co. v. Huson, 404 U.S. 97 , 92 S.Ct. 349 , 30 L.Ed.2d 296 (1971)); see also Blackwell.

11997–1997
Schreiber v. Republic Intermodal Corp. green
pa · 1977
2 sentences

1997Schreiber v. Republic Intermodal Corp., 473 Pa. 614 , 375 A.2d 1285 (1977) (citing Chevron Oil Co. v. Huson, 404 U.S. 97 , 92 S.Ct. 349 , 30 L.Ed.2d 296 (1971)); see also Blackwell.

1997Schreiber v. Republic Intermodal Corp., 473 Pa. 614 , 375 A.2d 1285 (1977) (citing Chevron Oil Co. v. Huson, 404 U.S. 97 , 92 S.Ct. 349 , 30 L.Ed.2d 296 (1971)); see also Blackwell.

11997–1997

Where else courts name it

MI 10 (1998–2024) PA 6 (1997–2021) CA 6 (1991–2025) MA 5 (1984–2019) IL 4 (1991–2016) MN 2 (2017–2025) MD 2 (2006–2022) CO 2 (2004–2006) SD 2 (1993–2014) NY 2 (2002–2010) TN 2 (2005–2005)

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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