second element test (Pennsylvania) · Go Syfert
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second element test in Pennsylvania

6 Pennsylvania opinions name it 2 courts 1982–2022 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 (1)

CaseFollowedCited
BO v. Co.green
pasuperct · 1991 · cited in 1 Pennsylvania opinions naming this issue, 1991–1991
2 sentences

1991B.O. v. C.O., 404 Pa.Super. 127, 132, fn. 1 , 590 A.2d 313 , 315 fn. 1 (1991).

1991B.O. v. C.O., 404 Pa.Super. 127, 132, fn. 1 , 590 A.2d 313 , 315 fn. 1 (1991).

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 (6)

CaseCitedYears
New York State Electric & Gas Corp. v. Westinghouse Electric Corp. green
pa · 1989
2 sentences

1991Although, this analysis has been used frequently in cases in which fraud is alleged, see, Westinghouse, supra., 387 Pa.Super. at 554 , 564 A.2d 919 ; Silverman v. Bell Savings and Loan Association, 367 Pa.Super. 464, 470 , 533 A.2d 110 (1987); Woodward v. Dietrich, 378 Pa.Super. 111, 124 , 548 A.2d 301 (1988), the second element of this test, "a fraudulent utterance thereof,” presents certain problems.

1991Although, this analysis has been used frequently in cases in which fraud is alleged, see, Westinghouse, supra., 387 Pa.Super. at 554 , 564 A.2d 919 ; Silverman v. Bell Savings and Loan Association, 367 Pa.Super. 464, 470 , 533 A.2d 110 (1987); Woodward v. Dietrich, 378 Pa.Super. 111, 124 , 548 A.2d 301 (1988), the second element of this test, "a fraudulent utterance thereof,” presents certain problems.

21991–1991
Silverman v. Bell Savings & Loan Ass'n green
pa · 1987
2 sentences

1991Although, this analysis has been used frequently in cases in which fraud is alleged, see, Westinghouse, supra., 387 Pa.Super. at 554 , 564 A.2d 919 ; Silverman v. Bell Savings and Loan Association, 367 Pa.Super. 464, 470 , 533 A.2d 110 (1987); Woodward v. Dietrich, 378 Pa.Super. 111, 124 , 548 A.2d 301 (1988), the second element of this test, "a fraudulent utterance thereof,” presents certain problems.

1991Although, this analysis has been used frequently in cases in which fraud is alleged, see, Westinghouse, supra., 387 Pa.Super. at 554 , 564 A.2d 919 ; Silverman v. Bell Savings and Loan Association, 367 Pa.Super. 464, 470 , 533 A.2d 110 (1987); Woodward v. Dietrich, 378 Pa.Super. 111, 124 , 548 A.2d 301 (1988), the second element of this test, "a fraudulent utterance thereof,” presents certain problems.

21991–1991
Woodward v. Dietrich green
pa · 1988
2 sentences

1991Although, this analysis has been used frequently in cases in which fraud is alleged, see, Westinghouse, supra., 387 Pa.Super. at 554 , 564 A.2d 919 ; Silverman v. Bell Savings and Loan Association, 367 Pa.Super. 464, 470 , 533 A.2d 110 (1987); Woodward v. Dietrich, 378 Pa.Super. 111, 124 , 548 A.2d 301 (1988), the second element of this test, "a fraudulent utterance thereof,” presents certain problems.

1991Although, this analysis has been used frequently in cases in which fraud is alleged, see, Westinghouse, supra., 387 Pa.Super. at 554 , 564 A.2d 919 ; Silverman v. Bell Savings and Loan Association, 367 Pa.Super. 464, 470 , 533 A.2d 110 (1987); Woodward v. Dietrich, 378 Pa.Super. 111, 124 , 548 A.2d 301 (1988), the second element of this test, "a fraudulent utterance thereof,” presents certain problems.

21991–1991
Feather v. United Mine Workers of America green
ca3 · 1983
1 sentence

2022This claim is moot in light of our conclusion that the trial court did not err in determining that USI failed to adduce sufficient evidence to prove the second element of the claim. 11In support of this claim, USI asserts that the trial court abused its discretion by misapplying the four factors set forth in Feather v. United Mine Workers of Am., 711 F.2d 530 , 540 (3d Cir. 1983) (explaining that, in determining whether an award of prejudgment interest is appropriate, a court must consider: (1) whether the claimant has been less than diligent in prosecuting the action; (2) whether the defendan

12022–2022
Commonwealth v. Fink green
pasuperct · 1997
1 sentence

1998In Commonwealth v. Fink, 700 A.2d 447 (Pa.Super.1997), a suspect was detained following a report that a woman was heard screaming for police assistance and that a man answering the suspect’s description had been seen exiting the woman’s building.

11998–1998
Brink's, Inc. v. Pennsylvania Public Utility Commission neutral
pacommwct · 1981
2 sentences

1982With respect to the second element of the test, the PUC argues that denial of an appeal opportunity would not involve denial of review to any important right of the protestants, on the theory that our decision in Brink’s Incorporated v. Public Utility Commission, 56 Pa. Commonwealth Ct. 371 , 424 A.2d 1010 (1981), limits the standing of a competing contract carrier solely to raising issues of unfair (i.e., discriminatory or non-uniform) competition.

1982With respect to the second element of the test, the PUC argues that denial of an appeal opportunity would not involve denial of review to any important right of the protestants, on the theory that our decision in Brink’s Incorporated v. Public Utility Commission, 56 Pa. Commonwealth Ct. 371 , 424 A.2d 1010 (1981), limits the standing of a competing contract carrier solely to raising issues of unfair (i.e., discriminatory or non-uniform) competition.

11982–1982

Where else courts name it

NC 65 (1995–2019) OH 55 (1983–2026) CA 38 (1957–2026) TX 33 (1961–2025) IL 21 (1989–2026) UT 13 (2000–2024) WI 12 (1980–2024) NM 11 (2004–2024) NY 11 (1976–2026) ID 11 (1966–2021) WY 9 (1992–2016) WA 9 (1992–2024) MI 8 (1972–2023) GA 7 (1993–2018) MA 7 (2000–2021) IA 6 (1980–2023) RI 6 (1980–2013) MO 6 (1992–2014) IN 6 (1982–2025) PA 6 (1982–2022) DE 5 (1975–2025) MD 5 (1994–2019) VA 5 (1989–2023) CT 4 (2002–2025) TN 4 (1954–2007) DC 4 (1981–2025) CO 3 (1983–2024) AL 3 (1980–2024) OR 3 (1985–2026) NJ 3 (2010–2021) AZ 3 (2006–2017) ME 2 (2005–2021) FL 2 (1984–2000) SD 2 (1986–2025) LA 2 (2006–2016) ND 2 (1982–2000) HI 2 (1995–1995)

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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