Case law

Commonwealth v. Abraham

619 Pa. 293 · Supreme Court of Pennsylvania · Dec 7, 2012

Supreme Court “followed from the clearly established principles of the guarantee of effective assistance of counsel” and derived from precedent existing at the time of defendant’s conviction. United States v. … The decision in Padilla to apply Strickland to collateral civil consequences of a conviction was a “dramatic” shift in jurisprudence, and the result was “sufficiently novel” to qualify as a new rule.

Thompson v. Workers' Compensation Appeal Board

566 Pa. 420 · Supreme Court of Pennsylvania · Oct 17, 2001

In Winfree , this Court found the meaning of § 319 to be clear and unambiguous and recognized that it generally established an absolute right of subrogation: [T]he statute clearly and unambiguously states that, “ ... the … In exchange, employers are vested with two important rights: the exclusivity of the remedy of worker’s compensation and the concomitant immunity from suit by an injured employee, see 77 P.S. § 481; and the absolute right

Commonwealth ex rel. Wadsworth v. Shortall

206 Pa. 165 · Supreme Court of Pennsylvania · Apr 17, 1903

Order No. 39 was as said a declaration of qualified martial law. … These are the principal American cases and they are in entire accord with the long line of established authorities in England.

Commonwealth v. Johnson

533 Pa. 24 · Supreme Court of Pennsylvania · Nov 25, 1992

This agreement clearly stated that no immunity from the prosecution or other disciplinary proceedings would be afforded. … This possibility is all that is needed to establish the appearance of impropriety. Finally, appellant contends that the grant of new proceedings for appellees was inappropriate. We disagree.

Hoffman v. Berwind-White Coal Mining Co.

265 Pa. 476 · Supreme Court of Pennsylvania · Jan 5, 1920

With respect to the competency of witnesses offered by plaintiff to prove market value, while several of those called could not qualify as experts, they were residents in the neighborhood for many years and had known the … The words used were clearly harmful and calculated to incite the prejudice of the jury against defendant and fell within the scope of the statement of this court in Wagner v.

Commonwealth v. Clark

349 Pa. Super. 255 · Supreme Court of Pennsylvania · Nov 1, 1985

Under the agreement, McCullough was to be granted full immunity for any other uncharged violations to which he confessed. … The Commonwealth fully complied with the provisions of (2)(i) since it was established by the trial court that “an investigative or law enforcement officer” was a “party” to the communications.

Bakerstown Container Corp. v. Richland Township

508 Pa. 628 · Supreme Court of Pennsylvania · Nov 18, 1985

Finally, there was testimony to the effect that some of the residual waste materials involved would qualify as toxic or hazardous. … The testimony presented to the Board established that, at a minimum, between 30% and 40% of the tight head drums brought to the premises for cleaning will contain residual waste materials that are toxic and hazardous.

Bennett v. CENT. MONTGOMERY VO-TECH

550 Pa. 212 · Supreme Court of Pennsylvania · Dec 29, 1997

No specific teacher certification was established for the position. … Throughout Dallap we clearly adhered to the legislature's dictate that seniority was the primary concern.

White Deer Township v. Napp

603 Pa. 562 · Supreme Court of Pennsylvania · Dec 28, 2009

According to their argument, Section 606(c) is not implicated at all because the challenged benefit is a retirement benefit, and Section 606(c) clearly applies solely to health insurance for supervisor-em *581 ployees during … To qualify for this benefit the employee must be eligible for and be covered by Medicare or any coverage equivalent to Medicare as may be established in the future.

Maintenance Specialties, Inc. v. Gottus

455 Pa. 327 · Supreme Court of Pennsylvania · Jan 25, 1974

Clearly, here is a case of no consideration for the covenant.” Id. at 451 , 235 A. 2d at 619 . In Markson Bros. v. Redick, 164 Pa. … Clearly the modified compensation arrangement was consideration for the execution of the restrictive covenant.

Commonwealth v. Appenzeller

388 Pa. Super. 172 · Supreme Court of Pennsylvania · Oct 16, 1989

This issue is clearly identical to the one reviewed recently by the Supreme Court in Commonwealth v. Durst, 522 Pa. 2 , 559 A.2d 504 (1989). … I, unlike the majority, do not believe that a prior sexual assault qualifies as "past sexual conduct. " Inherent in "conduct" is a volitional component which is obviously absent from an "assault."

Commonwealth v. Perkins

485 Pa. 286 · Supreme Court of Pennsylvania · Mar 16, 1979

The possibility of defendant's guilt as an accomplice was clearly an issue in the case, at least to the trial judge, due to defendant’s activities and statements subsequent to the initial confrontation on Southside Avenue … Even though the undisputed record demonstrates that throughout these proceedings the Commonwealth sought *295 only to establish that appellant fired the shots which killed the victim, the Opinion in Support of Affirmance

Commonwealth v. Cartagena

482 Pa. 6 · Supreme Court of Pennsylvania · Oct 5, 1978

Appellant also argues that the general proposition should have been qualified. … The only issue is whether the area is adequately, accurately and clearly presented to the jury for their consideration.” Further, the definition used by the trial court is one we have sanctioned time and again.

Commonwealth v. Rivers

537 Pa. 394 · Supreme Court of Pennsylvania · Jul 1, 1994

Burt. 3 The Commonwealth established that Ms. Burt was intentionally killed by the use of a deadly weapon upon a vital part of her body. The Commonwealth also established that appellant had access to Ms. … Burt as a life in being was clearly established through the testimony of various witnesses. The Commonwealth therefore did not need the photograph to establish this fact.

Commonwealth v. Smyrnes, R., Aplt.

638 Pa. 225 · Supreme Court of Pennsylvania · Feb 22, 2017

at 515-517, and during this interchange the trial judge expressed a belief that such a statement qualified as an excited utterance, see id. at 516. … I wanted to establish what happens to her when she’s not on her meds and I want to establish if these things were happening to her if that’s okay.

Toczylowski v. General Bindery Co.

359 Pa. Super. 572 · Supreme Court of Pennsylvania · Dec 29, 1986

A counsel’s preoccupation with dissolving his law firm and establishing his own practice has never constituted a reasonable excuse for default, see Horan, supra, 287 Pa.Super. p. 279, 430 A.2d 278 , nor have the “burdens … As such, the action qualified as a major jury case under Philadelphia Local Rule of Court 200(A)(1). . General Bindery Co.

Philadelphia Ass'n of Interns & Residents v. Albert Einstein Medical Center

470 Pa. 562 · Supreme Court of Pennsylvania · Jul 6, 1976

The legislative history clearly indicates § 152 was amended to bring within its purview employees of private, nonprofit hospitals. See 2 U.S. Code Cong. & Admin.News 1975, pp. 3946-3947. … And residency and fellowship programs are necessary to qualify for certification in specialties and subspecialties.

Airway Arms, Inc. v. Moon Area School District

498 Pa. 286 · Supreme Court of Pennsylvania · May 28, 1982

Although appellees have argued that the tax in question here is a head tax, that position is clearly untenable. … It is not a tax on the right to travel and clearly Congress has not prohibited such a tax under 49 U.S.C.A. § 1513 .

Daughen v. Fox

372 Pa. Super. 405 · Supreme Court of Pennsylvania · Mar 30, 1988

We upheld the grant of a demurrer as the conduct outlined in the complaint did not possess the degree of severity necessary to establish a cause of action. … The facts established that the plaintiff tripped and sprained his back at work. After visiting his family doctor he was still having trouble with his legs.

Blish Trust

350 Pa. 311 · Supreme Court of Pennsylvania · Apr 19, 1944

Following his death, letters testamentary on his estate were granted to the named executors; and Franklin Trust Company qualified as trustee under the deed and received payment of the proceeds of the insurance policies. … Clearly then the learned court below properly sustained the exceptions as to the payments of income and principal which this trustee made to the widow and daughter.