Bruck v. Pennsylvania Nat'l Ins. Companies, 698 A.2d 1305 (Pa. 1997). · Go Syfert
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Bruck v. Pennsylvania Nat'l Ins. Companies, 698 A.2d 1305 (Pa. 1997). Cases Citing This Book View Copy Cite
“in evaluating the likelihood of success, a court should not attempt to resolve unsettled issues or legal principles but should attempt to estimate the reasonable probability of success.”
10 citation events (10 in the last 25 years) across 2 distinct courts.
Strongest positive: Milkman v. American Travellers Life Insurance (pactcomplphilad, 2002-03-28)
Top citers, strongest first. 2 distinct citers.
discussed Cited as authority (verbatim quote) Milkman v. American Travellers Life Insurance (2×) also: Cited "see"
pactcomplphilad · 2002 · quote attribution · 1 verbatim quote · confidence high
in evaluating the likelihood of success, a court should not attempt to resolve unsettled issues or legal principles but should attempt to estimate the reasonable probability of success.
discussed Cited as authority (rule) Treasurer of State of Connecticut v. Ballard Spahr Andrews & Ingersoll LLP (2×)
Pa. Commw. Ct. · 2005 · confidence medium
In Dauphin Deposit Bank & Trust Co. the Superior Court stated that the lower court’s determining that depositors’ probability of success was reasonable and rejection of a settlement to permit them to present more evidence and to prevail at trial constituted “a premature announcement of the ‘outcome’ of the case which goes beyond estimating the reasonable probability of success and interjects the court into the forbidden area of ‘resolving unsettled issues’ (e.g., questions of credibility) precluded by Buchanan, supra.” Id., 698 A.2d at 1309 (footnote omitted).
Andrea BRUCK, individually and on behalf of all others similarly situated
v.
PENNSYLVANIA NATIONAL INSURANCE COMPANIES, individually and on behalf of all others similarly situated
Supreme Court of Pennsylvania.
Sep 17, 1997.
698 A.2d 1305
Edwin P. Smith, for appellant., Andrew J. Gallogly, for appellee.
Cappy, Castille, Flaherty, Newman, Nigro, Zappala.
Published

ORDER

PER CURIAM:

AND NOW, this 17th day of September, 1997, the appeal is dismissed as having been improvidently granted.

NIGRO and NEWMAN, JJ., dissent.