Case law

Commonwealth v. Janssen Pharmaceutica, Inc.

607 Pa. 406 · Supreme Court of Pennsylvania · Aug 17, 2010

OGC states that Section 103’s mandate clearly precludes Janssen’s attack on OGC’s choice of counsel. … Article IV, Section 4.1 of the Pennsylvania Constitution established the office of the Attorney General as an elected rather than an appointed position: An Attorney General shall be chosen by the qualified electors of the

Tribune-Review Publishing Co. v. Bodack

599 Pa. 256 · Supreme Court of Pennsylvania · Dec 18, 2008

funds by an agency or its acquisition, use or disposal of services or of supplies, materials, equipment or other property and any minute, order or decision by an agency fixing the personal or property rights, privileges, immunities … The Commonwealth Court determined that because the subject telephone bills were clearly “account[s or] vouchees] ... dealing with the receipt or disbursement of funds by an agency,” despite any reimbursement made by the council

Lopata v. COM., UNEMP. COMP. BD. OF REV.

507 Pa. 570 · Supreme Court of Pennsylvania · Jun 4, 1985

While the *578 definition also requires that a given credit week be a ". . . calendar week in an individual's base year," the statute is silent on exactly what qualifies as such. … Such a result is clearly proscribed by the statute. [11] In addition, claimant received his wages for the week in question after the conclusion of the 1980 base year.

Smith Case

381 Pa. 223 · Supreme Court of Pennsylvania · Mar 23, 1955

Instead of the method provided in the original Act for the selection of arbitrators it was now provided that the board should be appointed by the prothonotary from the list of attorneys qualified to act, the names of attorneys … The fact that the counties may, in pursuance of the authority given by the Act, establish different rates of compensation to the arbitrators is clearly not, as claimed by petitioner, a violation of Article V, section 26,

Swieczkowski v. Sypniewski, Exr.

294 Pa. 323 · Supreme Court of Pennsylvania · Sep 28, 1928

agreement with her uncle, and the services rendered, and an excerpt from a paragraph of the affidavit of defense, admitting that verbal agreements had been made between them, without offering that part of the affidavit which qualified … Stout, 284 Pa. 410 ) ; which should be clearly proved by direct and positive testimony and in terms definite and certain: Graham v. Graham, 34 Pa. 475 ; Wall’s App., 111 Pa. 460 ; Carpenter v.

Pennsylvania Water Co. v. Pittsburg

226 Pa. 624 · Supreme Court of Pennsylvania · Jan 3, 1910

corporations, shall be accepted and assumed by the said city of Pittsburg, and all the provisions of the same shall be faithfully kept and performed thereby, and the said city shall have and enjoy all the rights, privileges and immunities … Whatever in the opinion filed in the Philipsburg case went beyond this, in the way of qualifying or controlling the application of the Mead-ville case, was outside the case that was being considered, and *634 cannot be allowed

In Re: A.J.R.-H. and I.G.R.-H. Apl of KJR Mother

188 A.3d 1157 · Supreme Court of Pennsylvania · Jul 18, 2018

As in Jones, while it is possible that some of the exhibits could have qualified as business records, CYS failed to present any testimony to establish that any of the 167 exhibits, or the numerous separate documents contained … The evidence that clearly and convincingly supports the termination of this fundamental right must necessarily be competent.

Smith v. Gallagher

408 Pa. 551 · Supreme Court of Pennsylvania · Oct 26, 1962

Not holding a constitutional office he would not be subject to impeachment; being clothed with judicial sanction he would be immune from criminal prosecution; engaged in governmental business he could not be sued civilly. … Was he qualified to do that job?

Truitt v. Philadelphia

221 Pa. 331 · Supreme Court of Pennsylvania · May 11, 1908

So long as the employee is without that exception, he is immune from dismissal by any superior officer. … Under the well-established rules of pleading he was not required to deny, and was clearly right in not denying, the truth of the charges contained in the answer.

In Re Nomination Paper of Nader

588 Pa. 450 · Supreme Court of Pennsylvania · Aug 22, 2006

Clearly, the Commonwealth Court possesses authority pursuant to the Election Code to adjudicate disputes concerning elections. … The issue of imposition of costs is clearly related to the Commonwealth Court’s adjudication of the challenged Nomination Papers of Appellants.

Commonwealth v. Allen

394 Pa. Super. 127 · Supreme Court of Pennsylvania · May 15, 1990

whose staff is qualified to take blood samples. … Clearly, filing the complaint was sufficient to re-institute the charges against Allen. See Pa.R.Crim.P. 101 and 130.

Colloi v. Philadelphia Electric Co.

332 Pa. Super. 284 · Supreme Court of Pennsylvania · Jul 13, 1984

Clearly, at no point was Colloi alerted to the existence of a power line in the place where he was ordered to dig. Id. at 130. … Under the case law this evidence clearly established the element of control in Scholl. See, e.g., Cranshaw Construction, Inc. v. Ghrist, 290 Pa. Super. 286 , 434 A.2d 756 (1981) (allocatur refused Jan. 4, 1982); Pape v.

Commonwealth v. Dennis

552 Pa. 331 · Supreme Court of Pennsylvania · Jul 22, 1998

Finally, it is clear that there clearly was no Brady *341 violation. … Failure to “life qualify” the jury During voir dire, the trial court, pursuant to Wither-spoon v.

Commonwealth v. Miller

497 Pa. 257 · Supreme Court of Pennsylvania · Jan 29, 1982

It is the contention of appellant that Turner’s reliability was not established. We do not agree. … Here, although the reference was clearly improper, it cannot be said to have been prompted by the question put to the witness.

In the case of the Corp. of St. Mary's Church (Roman Catholic) in the city of Philadelphia on a proposed alteration of its Charter

7 Serg. & Rawle 517 · Supreme Court of Pennsylvania · Jul 1, 1822

The election is to be decided by a majority of the votes thus qualified. … The object is clearly expressed: 1.'The pastors are permanent trusteés, the lay members fluctuating. They derive their rights and their franchises from different sources.

Kramer & Rahm's Appeal

37 Pa. 71 · Supreme Court of Pennsylvania · Oct 3, 1860

Taylor & Allen, by the qualified expression of “ standing in a situation of a surety.” The case of Heath v. … These principles established, how stands the case in hand?

Moring v. Dunne

342 Pa. Super. 414 · Supreme Court of Pennsylvania · Jun 4, 1985

It is well-established that the extension of the filing period or the allowance of an appeal nunc pro tunc will be permitted only in extraordinary circumstances, namely, fraud or some breakdown in the processes of the court … Under these circumstances, we find Bass clearly distinguishable from the instant case. “Untimely appeals present a jurisdictional issue and must be quashed.” Murphy v.

Rush v. Vought

55 Pa. 437 · Supreme Court of Pennsylvania · Nov 4, 1867

The court thought that, if she failed to establish her title to all of the numerous items in the sheriff’s levy, a verdict must pass against her. This is hard law, and is not correct. … But it is thought that the right of Jacob Rush to the services of his children, qualifies Mrs. Rush’s right of property in the products of the farm.

Commonwealth v. Courts

317 Pa. Super. 271 · Supreme Court of Pennsylvania · Aug 5, 1983

The policy behind the requirement of a manual signature on an information is well established. Recently, in Commonwealth v. … The test for ascertaining whether a defendant has been denied effective assistance of counsel is well established. “...

Commonwealth v. Williams

432 Pa. 44 · Supreme Court of Pennsylvania · Oct 3, 1968

In passing on this contention, we first point out that all four doctors were eminently qualified to conduct their respective examinations. … In analogizing the California statute to one which might make having a common cold a crime, the Supreme Court indicated clearly the evil in the challenged legislation.