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6 Pennsylvania opinions name it 2 courts 1937–2020 0 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 |
|---|---|---|
Atcovitz v. Gulph Mills Tennis Club, Inc.green2 sentences2015A “trial court must take all facts of record and reasonable inferences therefrom in a light most favorable to the non-moving party” and “must resolve all doubts as to the existence of a genuine issue of material fact against the moving party.” Id. (citing Toy v. Metropolitan Life Ins. 2015A. Summary Judgment – Right of Possession Christman Lake’s first three issues essentially argue the trial court erred in finding Moyer had a right of possession to the leasehold and granting the Estate and Moyer’s motion for partial summary judgment. “[S]ummary judgment is appropriate only in those cases where the record clearly demonstrates that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.” Summers v. Certainteed Corp., 997 A.2d 1152, 1159 (Pa.2010) (quoting Atcovitz v. Gulph Mills Tennis Club, Inc., 812 A.2d 1218, 1221 (Pa.2 | 1 | 1 |
Summers v. CERTAINTEED CORP.green1 sentence2015A. Summary Judgment – Right of Possession Christman Lake’s first three issues essentially argue the trial court erred in finding Moyer had a right of possession to the leasehold and granting the Estate and Moyer’s motion for partial summary judgment. “[S]ummary judgment is appropriate only in those cases where the record clearly demonstrates that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.” Summers v. Certainteed Corp., 997 A.2d 1152, 1159 (Pa.2010) (quoting Atcovitz v. Gulph Mills Tennis Club, Inc., 812 A.2d 1218, 1221 (Pa.2 | 1 | 1 |
Commonwealth v. Westcottgreen2 sentences1991See also Commonwealth v. Westcott, 362 Pa.Super. 176 , 523 A.2d 1140 (1987), alloc. denied, 516 Pa. 640 , 533 A.2d 712 (1987); Sweger, supra. With this standard in mind, we address Moyer’s claim. 1991See also Commonwealth v. Westcott, 362 Pa.Super. 176 , 523 A.2d 1140 (1987), alloc. denied, 516 Pa. 640 , 533 A.2d 712 (1987); Sweger, supra. With this standard in mind, we address Moyer’s claim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Moyer
green
2 sentences2020Moyer, 171 A.3d at 853 . 2019The court cited its prior decision in Commonwealth v. Moyer, 171 A.3d 849 (Pa. Super. 2017), wherein it affirmed a trial court order denying a post-sentence motion to vacate and remand for a new trial on the basis Moyer’s claim was waived for failure to preserve it pursuant to Cabeza. | 2 | 2019–2020 |
Commonwealth v. McHale
green
1 sentence2020The Moyer defendant also challenged whether she acted recklessly, citing O’Hanlon (which the instant Appellant cited above), and Commonwealth v. McHale, 858 A.2d 1209 (Pa. Super. 2004). | 1 | 2020–2020 |
Commonwealth v. Clemens
green
1 sentence2015Commonwealth v. Clemens, 66 A.3d 373 , 381 n.6 (Pa.Super.2013). 7 Christman Lake also argues the trial court did not address other aspects of the Estate and Moyer’s motion for partial summary judgment, including the Estate and Moyer’s arguments that: (1) because the Estate and Moyer had a present possessory leasehold interest, summary judgment was properly entered against Christman Lake as to the counts raised in Christman Lake’s complaint; and (2) the trial court should enter a declaration that the Estate and Moyer had a right to transfer the lease without Christman Lake’s approval. | 1 | 2015–2015 |
Commonwealth v. Gold Et Ux.
green
2 sentences1980Commonwealth v. Winter, 174 Pa.Super. 35 , 98 A.2d 221 (1953); Commonwealth v. Gold, 155 Pa.Super. 364 , 38 A.2d 486 (1944); Act of June 15, 1951, P.L. 585, § 1, 19 P.S. § 871, repealed by the Judiciary Act Repealer Act, Act of April 28, 1978, P.L. 202, No. 53, 42 *180 P.S. § 20002(a) [1275] (eff. 1980Commonwealth v. Winter, 174 Pa.Super. 35 , 98 A.2d 221 (1953); Commonwealth v. Gold, 155 Pa.Super. 364 , 38 A.2d 486 (1944); Act of June 15, 1951, P.L. 585, § 1, 19 P.S. § 871, repealed by the Judiciary Act Repealer Act, Act of April 28, 1978, P.L. 202, No. 53, 42 *180 P.S. § 20002(a) [1275] (eff. | 1 | 1980–1980 |
Commonwealth v. Winter
green
2 sentences1980Commonwealth v. Winter, 174 Pa.Super. 35 , 98 A.2d 221 (1953); Commonwealth v. Gold, 155 Pa.Super. 364 , 38 A.2d 486 (1944); Act of June 15, 1951, P.L. 585, § 1, 19 P.S. § 871, repealed by the Judiciary Act Repealer Act, Act of April 28, 1978, P.L. 202, No. 53, 42 *180 P.S. § 20002(a) [1275] (eff. 1980Commonwealth v. Winter, 174 Pa.Super. 35 , 98 A.2d 221 (1953); Commonwealth v. Gold, 155 Pa.Super. 364 , 38 A.2d 486 (1944); Act of June 15, 1951, P.L. 585, § 1, 19 P.S. § 871, repealed by the Judiciary Act Repealer Act, Act of April 28, 1978, P.L. 202, No. 53, 42 *180 P.S. § 20002(a) [1275] (eff. | 1 | 1980–1980 |
Corbin v. George
green
2 sentences1937See Stone v. Philadelphia, supra; Corbin v. George, 308 Pa. 201 . *366 The judgments of the court below in favor of defendant Albert n. o. v. are reversed; defendant Albert’s rule for a new trial, which apparently was not acted upon by the court below, is made absolute; defendant Moyer’s rule for a new trial is reinstated and also made absolute. * The doctrine of superseding negligence is treated in the Restatement of Torts, sec. 447. 1937See Stone v. Philadelphia, supra; Corbin v. George, 308 Pa. 201 . *366 The judgments of the court below in favor of defendant Albert n. o. v. are reversed; defendant Albert’s rule for a new trial, which apparently was not acted upon by the court below, is made absolute; defendant Moyer’s rule for a new trial is reinstated and also made absolute. * The doctrine of superseding negligence is treated in the Restatement of Torts, sec. 447. | 1 | 1937–1937 |
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.