laches is an affirmative defense (Pennsylvania) · Go Syfert
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laches is an affirmative defense in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1993–2026 4 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 (6)

CaseFollowedCited
Fulton v. Fultongreen
pasuperct · 2014 · cited in 5 Pennsylvania opinions naming this issue, 2019–2026
2 sentences

2025The doctrine of laches is an affirmative defense in equity “whose purpose is the repose of title, claims[,] and demands for the peace and order of society.” Williamstown Borough Auth. v. Cooper, 591 A.2d 711, 714 (Pa. Super. 1991); see also Fulton v. Fulton, 106 A.3d 127, 131 (Pa. Super. 2014) (stating that, “[t]he doctrine of laches is an equitable bar to the prosecution of stale claims and is the practical application of the maxim that ‘those who sleep on their rights must awaken to the consequence that they have disappeared’” (citation and original quotation marks omitted)).

2022The doctrine of laches is an affirmative defense that bars the prosecution of stale claims and is the practical application of the maxim that “those who sleep on their rights must awaken to the consequence that they have disappeared.” Fulton v. Fulton, 106 A.3d 127, 131 (Pa.Super. 2014) (quoting Kern v. Kern, 892 A.2d 1, 9 (Pa.Super. 2005)).

55
Kern v. Kerngreen
pasuperct · 2005 · cited in 3 Pennsylvania opinions naming this issue, 2019–2022
2 sentences

2022The doctrine of laches is an affirmative defense that bars the prosecution of stale claims and is the practical application of the maxim that “those who sleep on their rights must awaken to the consequence that they have disappeared.” Fulton v. Fulton, 106 A.3d 127, 131 (Pa.Super. 2014) (quoting Kern v. Kern, 892 A.2d 1, 9 (Pa.Super. 2005)).

2022The doctrine of laches is an affirmative defense that bars the prosecution of stale claims and is the practical application of the maxim that “those who sleep on their rights must awaken to the consequence that they have disappeared.” Fulton v. Fulton, 106 A.3d 127 , 131 (Pa.Super. 2014) (quoting Kern v. Kern, 892 A.2d 1 , 9 (Pa.Super. 2005)).

33
Wykel, N. v. U.S. Bank Trustgreen
pasuperct · 2022 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026“The doctrine of laches is an affirmative defense that bars the prosecution of stale claims and is the practical application of the maxim that those who sleep on their rights must awaken to the consequence that they have disappeared.” Wykel v. Knapp, 288 A.3d 889, 897 (Pa.Super. 2022) -6- (citations and internal quotation marks omitted), appeal denied, 303 A.3d 1052 (Pa. 2023). “[I]n order to prevail on an assertion of laches, respondents must establish: a) a delay arising from petitioner’s failure to exercise due diligence; and b) prejudice to the respondents resulting from the delay.” A.M.M.

11
In Re: Petition of A.M.M. v. The PA State Policegreen
pasuperct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026“The doctrine of laches is an affirmative defense that bars the prosecution of stale claims and is the practical application of the maxim that those who sleep on their rights must awaken to the consequence that they have disappeared.” Wykel v. Knapp, 288 A.3d 889, 897 (Pa.Super. 2022) -6- (citations and internal quotation marks omitted), appeal denied, 303 A.3d 1052 (Pa. 2023). “[I]n order to prevail on an assertion of laches, respondents must establish: a) a delay arising from petitioner’s failure to exercise due diligence; and b) prejudice to the respondents resulting from the delay.” A.M.M.

11
Williamstown Borough Authority v. Coopergreen
pasuperct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 2025–2025
1 sentence

2025The doctrine of laches is an affirmative defense in equity “whose purpose is the repose of title, claims[,] and demands for the peace and order of society.” Williamstown Borough Auth. v. Cooper, 591 A.2d 711, 714 (Pa. Super. 1991); see also Fulton v. Fulton, 106 A.3d 127, 131 (Pa. Super. 2014) (stating that, “[t]he doctrine of laches is an equitable bar to the prosecution of stale claims and is the practical application of the maxim that ‘those who sleep on their rights must awaken to the consequence that they have disappeared’” (citation and original quotation marks omitted)).

11
Class of Two Hundred Administrative Faculty Members v. Scanlongreen
pa · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1993–1993
2 sentences

1993The equitable doctrine of laches is an affirmative defense to a suit which requires “not only an unjustified delay, but also that the opposing party’s position or rights be prejudiced as a result of that delay.” Class of Two Hundred Administrative Faculty Members v. Scanlon, 502 Pa. 275, 279 , 466 A.2d 103, 105 (1983).

1993The equitable doctrine of laches is an affirmative defense to a suit which requires “not only an unjustified delay, but also that the opposing party’s position or rights be prejudiced as a result of that delay.” Class of Two Hundred Administrative Faculty Members v. Scanlon, 502 Pa. 275, 279 , 466 A.2d 103, 105 (1983).

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
Commonwealth v. Schade, B. neutral
pa · 2023
1 sentence

2026“The doctrine of laches is an affirmative defense that bars the prosecution of stale claims and is the practical application of the maxim that those who sleep on their rights must awaken to the consequence that they have disappeared.” Wykel v. Knapp, 288 A.3d 889, 897 (Pa.Super. 2022) -6- (citations and internal quotation marks omitted), appeal denied, 303 A.3d 1052 (Pa. 2023). “[I]n order to prevail on an assertion of laches, respondents must establish: a) a delay arising from petitioner’s failure to exercise due diligence; and b) prejudice to the respondents resulting from the delay.” A.M.M.

12026–2026
Weinberg v. Commonwealth, State Board of Examiners of Public Accountants green
pa · 1985
2 sentences

2007Weinberg v. Commonwealth, 509 Pa. 143 , 501 A.2d 239 (1985).

2007Weinberg v. Commonwealth, 509 Pa. 143 , 501 A.2d 239 (1985).

12007–2007

Where else courts name it

PA 7 (1993–2026) CT 2 (2001–2005) DC 2 (2024–2025)

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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