rationale justifying the old rule (Pennsylvania) · Go Syfert
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rationale justifying the old rule in Pennsylvania

6 Pennsylvania opinions name it 2 courts 1976–2005 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.

Followed or applied (2)

CaseFollowedCited
Griffith v. United Air Lines, Inc.green
pa · 1964 · cited in 3 Pennsylvania opinions naming this issue, 1976–1991
2 sentences

1991So that, when it is determined that a past precedent is no longer in accord with modern realities, and the rationale justifying the old rule no longer finds support, then the pledge of certainty gives way ‘to new conditions and to the persuasion of superior reasoning.’ Griffith v. United Airlines, 416 Pa. 1, 23 , 203 A.2d 796, 806 (1964)....

1991So that, when it is determined that a past precedent is no longer in accord with modern realities, and the rationale justifying the old rule no longer finds support, then the pledge of certainty gives way ‘to new conditions and to the persuasion of superior reasoning.’ Griffith v. United Airlines, 416 Pa. 1, 23 , 203 A.2d 796, 806 (1964)....

33
Fadgen v. Lenknergreen
pa · 1976 · cited in 3 Pennsylvania opinions naming this issue, 1984–1991
2 sentences

1984In Fadgen v. Lenkner, 469 Pa. 272, 282 , 365 A.2d 147, 152 (1976), our Supreme Court specifically held that when "the rationale justifying the old rule no longer finds support," the rule should be abandoned.

1984In Fadgen v. Lenkner, 469 Pa. 272, 282 , 365 A.2d 147, 152 (1976), our Supreme Court specifically held that when "the rationale justifying the old rule no longer finds support," the rule should be abandoned.

13

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 (5)

CaseCitedYears
Commonwealth v. Leib green
pasuperct · 1991
2 sentences

2005Id.

1999Id. ¶ 15 Here, Appellant complains that we arrived at our decision in Smouse “in domino fashion,” by relying on case after case “which relied upon English common-law authority from the middle ages.” Appellant’s Brief at 21.

21999–2005
Pugar v. Greco green
pa · 1978
2 sentences

1984In reexamining our case law in light of the Divorce Code, I agree with the majority that appellate jurisdiction attaches only to “final orders,” 42 Pa.C.S. § 742, and that in determining what constitutes a final order we may look for guidance to the principles set forth by the United States Supreme Court and by our Supreme Court in Cohen v. Beneficial Industrial Loan Corporation, 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949); Pugar v. Greco, 483 Pa. 68 , 394 A.2d 542 (1978); and Piltzer v. Independence Federal Savings and Loan, 456 Pa. 402 , 319 A.2d 677 (1974).

1984In reexamining our case law in light of the Divorce Code, I agree with the majority that appellate jurisdiction attaches only to "final orders," 42 Pa.C.S. § 742, and that in determining what constitutes a final order we may look for guidance to the principles set forth by the United States Supreme Court and by our Supreme Court in Cohen v. Beneficial Industrial Loan Corporation, 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949); Pugar v. Greco, 483 Pa. *504 68, 394 A.2d 542 (1978); and Piltzer v. Independence Federal Savings and Loan, 456 Pa. 402 , 319 A.2d 677 (1974).

11984–1984
Cohen v. Beneficial Industrial Loan Corp. green
scotus · 1949
2 sentences

1984In reexamining our case law in light of the Divorce Code, I agree with the majority that appellate jurisdiction attaches only to "final orders," 42 Pa.C.S. § 742, and that in determining what constitutes a final order we may look for guidance to the principles set forth by the United States Supreme Court and by our Supreme Court in Cohen v. Beneficial Industrial Loan Corporation, 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949); Pugar v. Greco, 483 Pa. *504 68, 394 A.2d 542 (1978); and Piltzer v. Independence Federal Savings and Loan, 456 Pa. 402 , 319 A.2d 677 (1974).

1984In reexamining our case law in light of the Divorce Code, I agree with the majority that appellate jurisdiction attaches only to "final orders," 42 Pa.C.S. § 742, and that in determining what constitutes a final order we may look for guidance to the principles set forth by the United States Supreme Court and by our Supreme Court in Cohen v. Beneficial Industrial Loan Corporation, 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949); Pugar v. Greco, 483 Pa. *504 68, 394 A.2d 542 (1978); and Piltzer v. Independence Federal Savings and Loan, 456 Pa. 402 , 319 A.2d 677 (1974).

11984–1984
Piltzer v. Independence Federal Savings & Loan Ass'n green
pa · 1974
2 sentences

1984In reexamining our case law in light of the Divorce Code, I agree with the majority that appellate jurisdiction attaches only to "final orders," 42 Pa.C.S. § 742, and that in determining what constitutes a final order we may look for guidance to the principles set forth by the United States Supreme Court and by our Supreme Court in Cohen v. Beneficial Industrial Loan Corporation, 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949); Pugar v. Greco, 483 Pa. *504 68, 394 A.2d 542 (1978); and Piltzer v. Independence Federal Savings and Loan, 456 Pa. 402 , 319 A.2d 677 (1974).

1984In reexamining our case law in light of the Divorce Code, I agree with the majority that appellate jurisdiction attaches only to "final orders," 42 Pa.C.S. § 742, and that in determining what constitutes a final order we may look for guidance to the principles set forth by the United States Supreme Court and by our Supreme Court in Cohen v. Beneficial Industrial Loan Corporation, 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949); Pugar v. Greco, 483 Pa. *504 68, 394 A.2d 542 (1978); and Piltzer v. Independence Federal Savings and Loan, 456 Pa. 402 , 319 A.2d 677 (1974).

11984–1984
Flagiello v. Pennsylvania Hospital green
pa · 1965
2 sentences

1976As we said in Flagiello v. Pennsylvania Hospital, 417 Pa. 486, 208 A.2d 193 (1965), quoting Justice Cardozo: “ ‘[W]hen a rule, after it has been duly tested by experience, has been found to be inconsistent with the sense of justice or with the social welfare, there should be less hesitation in frank avowal and full abandonment. . . .

1976As we said in Flagiello v. Pennsylvania Hospital, 417 Pa. 486, 208 A.2d 193 (1965), quoting Justice Cardozo: “ ‘[W]hen a rule, after it has been duly tested by experience, has been found to be inconsistent with the sense of justice or with the social welfare, there should be less hesitation in frank avowal and full abandonment. . . .

11976–1976

Where else courts name it

PA 6 (1976–2005) MS 2 (1992–2026)

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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