Superior Court reaffirmed principle (Pennsylvania) · Go Syfert
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Superior Court reaffirmed principle in Pennsylvania

6 Pennsylvania opinions name it 4 courts 1977–2006 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 (1)

CaseFollowedCited
McNulty v. H&R BLOCK, INC.green
pasuperct · 2004 · cited in 2 Pennsylvania opinions naming this issue, 2006–2006
2 sentences

2006Two years later, in McNulty v. H & R Block, 843 A.2d 1267, 1268 (Pa.Super.2004), the Superior Court reaffirmed this principle, holding that it was unconscionable to require individual arbitration and preclude class action litigation if the costs of arbitration effectively prevented an individual from pursuing a claim.

2006Two years later, in McNulty v. H&R Block, 843 A.2d 1267, 1274 (Pa. Super. 2004), the Superior Court reaffirmed this principle, holding that it was unconscionable to require individual arbitration and preclude class action litigation if the costs of arbitration effectively prevented an individual from pursuing a claim.

22

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 (9)

CaseCitedYears
McCaskill v. Philadelphia Housing Authority green
pasuperct · 1992
2 sentences

1998The Superior Court reaffirmed this principle in Schroeder v. Ear, Nose and Throat Assocs. of Lehigh Valley, Inc., 383 Pa.Super. 440 , 557 A.2d 21 , appeal denied, 523 Pa. 650 , 567 A.2d 653 (1989), holding that a daughter’s claim for loss of services resulting from her mother’s nonfatal injury did not state a cause of action, and in McCaskill v. Philadelphia Housing Authority, 419 Pa.Super. 313 , 615 A.2d 382 (1992).

1998The Superior Court reaffirmed this principle in Schroeder v. Ear, Nose and Throat Assocs. of Lehigh Valley, Inc., 383 Pa.Super. 440 , 557 A.2d 21 , appeal denied, 523 Pa. 650 , 567 A.2d 653 (1989), holding that a daughter’s claim for loss of services resulting from her mother’s nonfatal injury did not state a cause of action, and in McCaskill v. Philadelphia Housing Authority, 419 Pa.Super. 313 , 615 A.2d 382 (1992).

11998–1998
Schroeder v. Ear, Nose & Throat Associates of Lehigh Valley, Inc. green
pa · 1989
2 sentences

1998The Superior Court reaffirmed this principle in Schroeder v. Ear, Nose and Throat Assocs. of Lehigh Valley, Inc., 383 Pa.Super. 440 , 557 A.2d 21 , appeal denied, 523 Pa. 650 , 567 A.2d 653 (1989), holding that a daughter’s claim for loss of services resulting from her mother’s nonfatal injury did not state a cause of action, and in McCaskill v. Philadelphia Housing Authority, 419 Pa.Super. 313 , 615 A.2d 382 (1992).

1998The Superior Court reaffirmed this principle in Schroeder v. Ear, Nose and Throat Assocs. of Lehigh Valley, Inc., 383 Pa.Super. 440 , 557 A.2d 21 , appeal denied, 523 Pa. 650 , 567 A.2d 653 (1989), holding that a daughter’s claim for loss of services resulting from her mother’s nonfatal injury did not state a cause of action, and in McCaskill v. Philadelphia Housing Authority, 419 Pa.Super. 313 , 615 A.2d 382 (1992).

11998–1998
Den-Tal-Ez, Inc. v. Siemens Capital Corp. green
pa · 1989
1 sentence

1997Finally, the Public Defender notes that in Den-Tal-Ez, Inc. v. Siemens Capital Corp., 389 Pa.Superior Ct. 219, 566 A.2d 1214 (1989), and other cases, the Superior Court reaffirmed the principle that a preliminary injunction is superseded by a decision on the merits and terminates upon the issuance of the permanent injunction.

11997–1997
Neshaminy Water Resources Authority v. Del-Aware Unlimited, Inc. green
pa · 1984
1 sentence

1984In a recent decision, Neshaminy Water Resources Authority v. Del-Aware Unlimited, Inc.,-Pa. Superior Ct.-, 481 A.2d 879 (1984), the Superior Court reaffirmed the rule that the contempt proceeding is civil in nature if the dominant purpose is to coerce the contemn or to comply with the court’s directive.

11984–1984
Policino v. Ehrlich neutral
pasuperct · 1975
1 sentence

1977As stated in Policino v. Ehrlich, 236 Pa. Superior Ct. 19, 21 , 346 A. 2d 579 (1975): “Thus, the present state of the law is that a spouse may neither sue nor recover on a tort claim from the other spouse while the parties are married. ...” Most recently, in Smith v. Smith, 240 Pa. Superior Ct. 97 , 361 A. 2d 756 (1976), the Superior Court reaffirmed the doctrine of interspousal immunity and rejected an argument challenging the constitutionality of the statute.

11977–1977
Smith v. Smith neutral
pasuperct · 1976
1 sentence

1977As stated in Policino v. Ehrlich, 236 Pa. Superior Ct. 19, 21 , 346 A. 2d 579 (1975): “Thus, the present state of the law is that a spouse may neither sue nor recover on a tort claim from the other spouse while the parties are married. ...” Most recently, in Smith v. Smith, 240 Pa. Superior Ct. 97 , 361 A. 2d 756 (1976), the Superior Court reaffirmed the doctrine of interspousal immunity and rejected an argument challenging the constitutionality of the statute.

11977–1977
Commonwealth v. Kershaw green
pasuperct · 1976
1 sentence

1977As stated in Policino v. Ehrlich, 236 Pa. Superior Ct. 19, 21 , 346 A. 2d 579 (1975): “Thus, the present state of the law is that a spouse may neither sue nor recover on a tort claim from the other spouse while the parties are married. ...” Most recently, in Smith v. Smith, 240 Pa. Superior Ct. 97 , 361 A. 2d 756 (1976), the Superior Court reaffirmed the doctrine of interspousal immunity and rejected an argument challenging the constitutionality of the statute.

11977–1977
DiGIROLAMO v. Apanavage green
pa · 1973
2 sentences

1977“Finding no Constitutional infirmity in the challenged doctrine, we rely on DiGirolamo v. Apanavage, 454 Pa. 557 , 312 A. 2d 382 (1973), and reiterate the prohibition against interspousal tort suits in the Commonwealth.” Id. 99.

1977“Finding no Constitutional infirmity in the challenged doctrine, we rely on DiGirolamo v. Apanavage, 454 Pa. 557 , 312 A. 2d 382 (1973), and reiterate the prohibition against interspousal tort suits in the Commonwealth.” Id. 99.

11977–1977
Commonwealth v. Chandler green
pasuperct · 1975
1 sentence

1977As stated in Policino v. Ehrlich, 236 Pa. Superior Ct. 19, 21 , 346 A. 2d 579 (1975): “Thus, the present state of the law is that a spouse may neither sue nor recover on a tort claim from the other spouse while the parties are married. ...” Most recently, in Smith v. Smith, 240 Pa. Superior Ct. 97 , 361 A. 2d 756 (1976), the Superior Court reaffirmed the doctrine of interspousal immunity and rejected an argument challenging the constitutionality of the statute.

11977–1977

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