first and second factors (Pennsylvania) · Go Syfert
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first and second factors in Pennsylvania

6 Pennsylvania opinions name it 3 courts 1995–2024 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.

Followed or applied (9)

CaseFollowedCited
Flemming v. Nestorgreen
scotus · 1960 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024See [Hudson] (noting that a monetary fine does not constitute an affirmative restraint because such a sanction is “certainly nothing approaching the infamous punishment of imprisonment” (internal quotation marks omitted) (quoting Flemming v. Nestor, 363 U.S. 603, 617 , . . . (1960))); id. (“[T]he payment of fixed or variable sums of money [is a] sanction which ha[s] been recognized as [enforceable] by civil proceedings since the original revenue law of 1789.”[11] (second and third alterations in original) (quoting Helvering . . . , 303 U.S. [at] 400, . . . (1938))). 11 Act of July 31, 1789, c.

2024See [Hudson] (noting that a monetary fine does not constitute an affirmative restraint because such a sanction is “certainly nothing approaching the infamous punishment of imprisonment” (internal quotation marks omitted) (quoting Flemming v. Nestor, 363 U.S. 603, 617 , . . . (1960))); id. (“[T]he payment of fixed or variable sums of money [is a] sanction which ha[s] been recognized as [enforceable] by civil proceedings since the original revenue law of 1789.”[11] (second and third alterations in original) (quoting Helvering . . . , 303 U.S. [at] 400, . . . (1938))). 11 Act of July 31, 1789, c.

11
Fisher v. Hillgreen
pa · 1951 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019These include the transaction or occurrence giving rise to liability, Fisher v. Hill, 81 A.2d 860, 864 (Pa. 1951); the fundamental issues, Stevenson v. Silverman, 208 A.2d 786, 788 (Pa. 1965); the evidence necessary to prevail, Robinson v. Fye, 192 A.3d 1225, 1231 (Pa. Cmwlth. 2018); and the type of relief requested, Tobias v. Halifax Twp., 28 A.3d 223, 227 (Pa. Cmwlth. 2011), appeal denied, 47 A.3d 849 (Pa. 2012).

11
M.A. Robinson v. Officer Fyegreen
pacommwct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019These include the transaction or occurrence giving rise to liability, Fisher v. Hill, 81 A.2d 860, 864 (Pa. 1951); the fundamental issues, Stevenson v. Silverman, 208 A.2d 786, 788 (Pa. 1965); the evidence necessary to prevail, Robinson v. Fye, 192 A.3d 1225, 1231 (Pa. Cmwlth. 2018); and the type of relief requested, Tobias v. Halifax Twp., 28 A.3d 223, 227 (Pa. Cmwlth. 2011), appeal denied, 47 A.3d 849 (Pa. 2012).

11
Stevenson v. Silvermangreen
pa · 1965 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019These include the transaction or occurrence giving rise to liability, Fisher v. Hill, 81 A.2d 860, 864 (Pa. 1951); the fundamental issues, Stevenson v. Silverman, 208 A.2d 786, 788 (Pa. 1965); the evidence necessary to prevail, Robinson v. Fye, 192 A.3d 1225, 1231 (Pa. Cmwlth. 2018); and the type of relief requested, Tobias v. Halifax Twp., 28 A.3d 223, 227 (Pa. Cmwlth. 2011), appeal denied, 47 A.3d 849 (Pa. 2012).

11
Tobias v. HALIFAX TOWNSHIPgreen
pacommwct · 2011 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019These include the transaction or occurrence giving rise to liability, Fisher v. Hill, 81 A.2d 860, 864 (Pa. 1951); the fundamental issues, Stevenson v. Silverman, 208 A.2d 786, 788 (Pa. 1965); the evidence necessary to prevail, Robinson v. Fye, 192 A.3d 1225, 1231 (Pa. Cmwlth. 2018); and the type of relief requested, Tobias v. Halifax Twp., 28 A.3d 223, 227 (Pa. Cmwlth. 2011), appeal denied, 47 A.3d 849 (Pa. 2012).

11
Com. v. Norton, H., Jr.green
pasuperct · 2016 · cited in 1 Pennsylvania opinions naming this issue, 2018–2018
1 sentence

2018Id. at 143-144 (cleaned up). -5- J-S24006-18 As to the first and second factors, Cook’s testimony was necessary and essential to the Commonwealth’s case.

11
Doe v. Stategreen
alaska · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014See Doe v. State, 189 P.3d 999, 1018 (Alaska 2008) (concluding that six of the Kennedy factors weighed in favor of finding the statute punitive); Wallace v. State, 905 N.E.2d 371, 384 (Ind.2009) (concluding that six of the seven factors weighed in favor of finding the statute punitive); State v. Letalien, 985 A.2d 4, 24 (Me.2009) (concluding the first and second factors weighed in favor of finding the statute punitive); Doe v. Dep't of Pub.

11
Wallace v. Stategreen
ind · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014See Doe v. State, 189 P.3d 999, 1018 (Alaska 2008) (concluding that six of the Kennedy factors weighed in favor of finding the statute punitive); Wallace v. State, 905 N.E.2d 371, 384 (Ind.2009) (concluding that six of the seven factors weighed in favor of finding the statute punitive); State v. Letalien, 985 A.2d 4, 24 (Me.2009) (concluding the first and second factors weighed in favor of finding the statute punitive); Doe v. Dep't of Pub.

11
State v. Letaliengreen
me · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2014–2014
1 sentence

2014See Doe v. State, 189 P.3d 999, 1018 (Alaska 2008) (concluding that six of the Kennedy factors weighed in favor of finding the statute punitive); Wallace v. State, 905 N.E.2d 371, 384 (Ind.2009) (concluding that six of the seven factors weighed in favor of finding the statute punitive); State v. Letalien, 985 A.2d 4, 24 (Me.2009) (concluding the first and second factors weighed in favor of finding the statute punitive); Doe v. Dep't of Pub.

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 (4)

CaseCitedYears
Thomas F. Worthy v. The City of Phenix City, Alabama green
ca11 · 2019
1 sentence

2024See [Hudson] (noting that a monetary fine does not constitute an affirmative restraint because such a sanction is “certainly nothing approaching the infamous punishment of imprisonment” (internal quotation marks omitted) (quoting Flemming v. Nestor, 363 U.S. 603, 617 , . . . (1960))); id. (“[T]he payment of fixed or variable sums of money [is a] sanction which ha[s] been recognized as [enforceable] by civil proceedings since the original revenue law of 1789.”[11] (second and third alterations in original) (quoting Helvering . . . , 303 U.S. [at] 400, . . . (1938))). 11 Act of July 31, 1789, c.

12024–2024
In re C.W.U. green
pasuperct · 2011
1 sentence

2021Id. at 71–72.

12021–2021
Yandrich v. Radic green
pa · 1981
2 sentences

1995On appeal, the Supreme Court of Pennsylvania upheld the Superior Court’s decision based on the holding in Sinn, supra. In so holding, the court found that “Since the first and second factors of the three pronged foreseeability test set forth in Sinn are totally lacking here ... relief cannot be granted.” Yandrich, 495 Pa. at 247 , 433 A.2d at 461 .

1995On appeal, the Supreme Court of Pennsylvania upheld the Superior Court’s decision based on the holding in Sinn, supra. In so holding, the court found that “Since the first and second factors of the three pronged foreseeability test set forth in Sinn are totally lacking here ... relief cannot be granted.” Yandrich, 495 Pa. at 247 , 433 A.2d at 461 .

11995–1995
Mazzagatti v. Everingham by Everingham green
pa · 1986
2 sentences

1995The court’s second opportunity came in the case of Mazzagatti v. Everingham by Everingham, 512 Pa. 266 , 516 A.2d 672 (1986).

1995The court’s second opportunity came in the case of Mazzagatti v. Everingham by Everingham, 512 Pa. 266 , 516 A.2d 672 (1986).

11995–1995

Where else courts name it

TX 19 (1996–2026) IL 13 (1968–2025) WA 12 (1999–2024) WI 10 (2002–2025) NY 7 (1991–2025) PA 6 (1995–2024) CO 5 (2008–2016) CA 5 (1961–2025) NM 4 (2009–2024) DE 3 (2020–2022) UT 3 (2009–2016) TN 3 (2008–2011) MO 3 (2017–2023) NJ 3 (2015–2019) MA 3 (1989–2012) GA 3 (2005–2017) ID 2 (2024–2024) RI 2 (2010–2011) LA 2 (1976–2017) WY 2 (2018–2023) MI 2 (1934–1980) IA 2 (2017–2017) AZ 2 (1983–2011) OH 2 (2005–2017) MT 2 (2012–2017) FL 2 (2020–2020)

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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