Case law

APSCUF v. PLRB Appeal of PaSSHE

Supreme Court of Pennsylvania · Mar 26, 2020

The majority acknowledges the CPSL should not “be construed to otherwise interfere with the ability of an employer . . . to make employment, discipline or termination decisions or from establishing additional standards … Pennsylvania Labor Relations Bd., 998 A.2d 589, 598 (Pa. 2010) (“We can safely say . . . that the concept [of what qualifies as a working condition] is a broad one.”).

Noecker v. Johns-Manville Corp.

355 Pa. Super. 463 · Supreme Court of Pennsylvania · Aug 8, 1986

However, neither of these sections is applicable until joint tortfeasor status is established. … Although we do not address appellant's claim, we wish to point out that the principle established by Davis v.

Commonwealth v. Smith

609 Pa. 605 · Supreme Court of Pennsylvania · Mar 29, 2011

Supreme Court held that such a requirement was overly burdensome, unworkable, and had the effect of immunizing prosecutors from constitutional scrutiny. Batson, 476 U.S. at 92-93 , 106 S.Ct. 1712 . … L.Ed.2d 759 (1965), because the prosecutor, “in case after case, whatever the circumstances, whatever the crime and whoever the defendant or the victim may be, is responsible for the removal of Negros” who were otherwise qualified

In Re: Adopt. of M.R.D. and T.M.D. Appeal of: M.C.

636 Pa. 509 · Supreme Court of Pennsylvania · Aug 29, 2016

Grandfather is clearly one half of the parental unit that has raised the children. Grandfa- . ther’s authority, control and influence over the children is equal to that of Mother. Orphans’ Court Opinion, 8/19/13, at 4. … Thus, given that Grandfather is not Mother’s spouse, Judge Stabile concluded that Grandfather is not a qualified adoptive resource, rendering Mother’s termination petition facially invalid.

Gilbert, R. v. Synagro Central Aplts

634 Pa. 651 · Supreme Court of Pennsylvania · Dec 21, 2015

[A] person who lives in an area that is more rural or zoned *660 agricultural cannot ask to be immunized from the effects of odors and insects which are inevitably part of agricultural life. Id., at 32. … Our standard of review is clear: the trial court’s order will be reversed only where it is established that the court committed an error of law or clearly abused its discretion. Id.

Pittsburgh's Airport Motel, Inc. v. Airport Asphalt & Excavating Co.

322 Pa. Super. 149 · Supreme Court of Pennsylvania · Dec 2, 1983

Wentz” and that there were no allegations “[ Sufficient to establish a course of action against the corporation \i.e., Airport Asphalt].” … [when] a jury would not be qualified to state such an account.” Williams v. Finlaw, Mueller & Co., 292 Pa. 244, 248 , 141 A. 47, 49 (1928). See also, Stuyvesant Ins. Co. v. Keystone Ins. Agency, Inc., supra; Fudula v.

Alcatel-Lucent USA Inc. v. Commonwealth, Aplt.

Supreme Court of Pennsylvania · Nov 20, 2024

The Davis Court held that “a State violates the constitutional doctrine of intergovernmental tax immunity when it taxes retirement benefits paid by the Federal Government but exempts from taxation all retirement benefits … Clearly, to say that the 2014 NLC deduction was constitutional in 2014 at the time Alcatel paid its tax is to perpetrate a fiction.

Commonwealth v. Hashem

363 Pa. Super. 111 · Supreme Court of Pennsylvania · May 4, 1987

Further, the party challenging a statute’s constitutionality bears the heavy burden of establishing that the statute clearly, palpably and plainly violates the Constitution. See Commonwealth v. … [which] clearly bear[s] upon his credibility ...” 456 Pa. at 564 , 322 A.2d at 130 .

In re Condemnation by Commonwealth

568 Pa. 546 · Supreme Court of Pennsylvania · Jun 17, 2002

In the 1970s, Appellee established a landscaping business on his family’s property, where he also continued to reside. … On the other hand, to permit the establishment and the recoupment of such loss in this condemnation proceeding would be not only contrary to our salutary and well-established “before” and “after” rule but would be productive

Engle v. West Penn Power Co.

366 Pa. Super. 104 · Supreme Court of Pennsylvania · Aug 25, 1987

Russell & Co. [ 288 U.S. 476 , 53 S.Ct. 447 , 77 L.Ed. 903 ], supra: ‘The federal nature of the right to be established is decisive — not the source of the authority to establish it.’ … Such *112 limitation is clearly implied, as the authoritative Committee Reports indicate.

Krepinevich Estate

433 Pa. 78 · Supreme Court of Pennsylvania · Jan 15, 1969

. §1314 in the event that the evidence failed to establish that the appellant is the widow of the decedent. 2 The auditor held that the appellant had failed to prove that she was the widow of the decedent and recommended … She remembers clearly the facts which are important for the resolution of this case. The fact that she cannot remember when the couple was married and that she did not attend the wedding are of little consequence.

Baird v. Rice

63 Pa. 489 · Supreme Court of Pennsylvania · Jan 18, 1871

At this election the qualified voters of the city cast 51,625 votes for Penn Square, and 32,825 votes for Washington Square; being a majority of 18,800 for Penn Square; thus establishing beyond all question, the unbiassed … established as any ancient fact' can be by evidence, especially as no plan or draught or statement to the contrary has ever been made or suggested in those times or for a long time after.

Cave's Estate

326 Pa. 358 · Supreme Court of Pennsylvania · Apr 20, 1937

of the adopting parent; and if it had been the intention to change the intestate acts so that intestate’s estate should descend without his consent to a person not of his blood, surely such an intention would have been clearly … But the word “through” extends the inheritance rights of both the adopted child and the adoptive parent to those arising by virtue of representation of each other for purposes of devolution, thereby qualifying them to inherit

Commonwealth v. Evans

489 Pa. 85 · Supreme Court of Pennsylvania · Apr 24, 1980

He argues this testimony was hearsay and did not qualify under the statements of a co-conspirator exception to the hearsay . rule since the statements were made after the conspiracy had terminated. … Evans’ participation in the conspiracy was fully established by the testimony of Anthony Byrd, another co-conspirator.

Commonwealth v. Hicks, M., Aplt.

Supreme Court of Pennsylvania · May 31, 2019

In terms of actually discovering unlicensed drivers or deterring them from driving, the spot check does not appear sufficiently productive to qualify as a reasonable law enforcement … In short, by deeming licensure an affirmative defense to the crime of carrying a firearm [J-86-2018] [MO: Wecht, J.] - 11 on the streets of Philadelphia, the legislature clearly intended

Jones v. Chidester

531 Pa. 31 · Supreme Court of Pennsylvania · Jun 17, 1992

In specific terms, however, we are called upon in this case to decide once again whether a school of thought qualifies as such when it is advocated by a “considerable number” of medical experts or when it commands acceptance … portions of that opinion are as follows: The question actually passed upon by the jury was not whether the defendants, in their handling of the case, had been guilty of negligence in not following a well-recognized and established

Commonwealth Ex Rel. O'Brien v. O'Brien

390 Pa. 551 · Supreme Court of Pennsylvania · Nov 18, 1957

In both proceedings paternity must be "established". … physician or other duly qualified person, designated by the court, to determine whether or not the defendant can be excluded as being the father of the child."

Szabo, S. v. PennDOT, Aplt.

Supreme Court of Pennsylvania · Feb 20, 2019

This statement clearly implies Szabos believed they owned parcels 1 and 9 before they hired a surveyor. … I would decline to expand the range of circumstances establishing a de facto taking to include unsubstantiated averments of mistake on the face of plans attached to a declaration of taking which clearly set forth the parcels

Daub's Estate

313 Pa. 35 · Supreme Court of Pennsylvania · Oct 10, 1933

Yet it was clearly proved, and is practically admitted even by her, that, about one year after the death of her husband and about five years before the petition was filed, she had had a controversy with the executor regarding … That theory, which is an invitation to careless swearing, would establish the conclusion that even a delay of fifty years or more would be no bar.

Mintz Trust

444 Pa. 189 · Supreme Court of Pennsylvania · Oct 12, 1971

We recognize that when a fiduciary acts upon the advice of counsel, such fact is a factor to be considered in determining good faith but is not a blanket immunity in all circumstances. … Appellant challenges their allegedly “secret” dissolutions, but Article XII clearly endows the trustees with the power so to act.