Case law

Reese v. Pennsylvanians for Union Reform

173 A.3d 1143 · Supreme Court of Pennsylvania · Nov 22, 2017

PFUR then sets about trying to establish that these conditions are not met in the present appeal. PFUR’s Brief at 12. … The List qualifies as a "record” under the RTKL: "Record."

Commonwealth v. Hackett

534 Pa. 210 · Supreme Court of Pennsylvania · Jun 30, 1993

These uncontradicted and corroborated facts, as a matter of law, established that Carter was not an accomplice. … Thus, the record clearly reflects, as the trial court judge found, that a contract to kill existed for purposes of 42 Pa.C.S. § 9711(d)(2).

Commonwealth v. Martorano

559 Pa. 533 · Supreme Court of Pennsylvania · Nov 10, 1999

The prosecutorial misconduct in the case at bar clearly meets the Smith standard. … In either case, the conduct of the prosecution once established, places the defendant twice in jeopardy for the same crime."

Commonwealth v. Martorano

387 Pa. Super. 79 · Supreme Court of Pennsylvania · Aug 17, 1989

Only when her behavior clearly threatened and interfered with his ability to effectively preside over the case did he choose to issue the contempt citation. … Seemingly, the trial court has attempted to qualify Christie’s actions throughout the trial as a basis for her contempt convictions.

Goodheart v. Casey

523 Pa. 188 · Supreme Court of Pennsylvania · Oct 23, 1989

We have said, and now reaffirm, that a public employe has a contract right to continued membership in a retirement fund, under the same rules and regulations prevailing at the time of his employment, which may not be qualified … Clearly then, the question presently before the Court falls within the latter category.

PA Dem Party. v. Boockvar Pet: Boockvar

Supreme Court of Pennsylvania · Sep 17, 2020

Petitioner accurately concedes that it must establish a clear right to this relief. Id. at ¶ 167; see Roberts v. Bd. of Directors of Sch. … Thus, Respondent believes that, in sum, these statutory directives clearly indicate that the General Assembly intended that electors either mail or personally deliver mail-in ballots to the established office addresses

Allegheny County Sportsmen's League v. Rendell

580 Pa. 149 · Supreme Court of Pennsylvania · Oct 19, 2004

Additionally, “[s]ince sustaining the demurrer results in a denial of the pleader’s claim or dismissal of his suit, a preliminary objection in the nature of a demurrer should be sustained only in cases that clearly and without … Thus, the applications/reeords of sale cannot be used to establish a registry of firearm ownership, i. e., a registry that tracks individuals who have possession and control over firearms.

City of Philadelphia v. Ridge Avenue Passenger Railway Co.

102 Pa. 190 · Supreme Court of Pennsylvania · Mar 12, 1883

Does it signify any previous *197 dividend, whatever, or whenever declared, or is its sense qualified by the word annually, either as expressed in the context or understood ? We think this cannot be doubted. … The directors would be justly regarded by stockholders as derelict in duty, if they should suffer a tax to be imposed, when they had it clearly in their power to avoid it.

Armco Advanced Materials Corp. v. Pennsylvania Public Utility Commission

535 Pa. 108 · Supreme Court of Pennsylvania · Nov 24, 1993

Under the statute and the regulations, qualified cogeneration and small power production facilities are referred to as qualifying facilities ("QFs") and must be certified by FERC as such. … The courts should refrain from making policy rulings for an agency unless the agency's acts are clearly illegal. That is not what occurred here.

Stilp v. Commonwealth

588 Pa. 539 · Supreme Court of Pennsylvania · Sep 14, 2006

In these editorials, the Chief Justice posited that Act 44 established a salary structure which was beneficial for good government by attracting and retaining qualified public servants. … The Judges contend that cabinet-level officers certainly must qualify as “salaried officers of the Commonwealth.”

Griffiths v. Workers' Compensation Appeal Board

596 Pa. 317 · Supreme Court of Pennsylvania · Mar 19, 2008

The Manpower court held that a specially-equipped van qualified as an “appliance.” … Thus, whereas the provision of the Act requiring employers to pay for orthopedic appliances does not require the existence of a health care provider, the cost containment provision of the Act clearly does.

Commonwealth v. Griest

196 Pa. 396 · Supreme Court of Pennsylvania · May 29, 1900

One relates to legislation only, and the other relates to the establishment of constitutional amendments. … We are very clearly of opinion, therefore, that such an order may now be made without the least material violation of the terms of the law proposing the amendments.

Commonwealth v. Walker

540 Pa. 80 · Supreme Court of Pennsylvania · Mar 23, 1995

Clearly, by appellant’s own admission he was not under the influence of any mind altering substances at the time of his confession. … Third, appellant asserts that trial counsel was ineffective for failing to object to the Commonwealth “death qualifying” the jury.

Galford v. Burkhouse

330 Pa. Super. 21 · Supreme Court of Pennsylvania · Jun 8, 1984

Accordingly, Leonard discussed with several of the children the question of which of them might be best qualified to manage the property for Leonard’s benefit and especially for his wife’s benefit. … Such evidence was clearly sufficient to establish a resulting trust in favor of Leonard or his estate. “The general principles involving resulting trusts are set forth in the Restatement (Second) of Trust (1959).

Commonwealth v. Perrin

484 Pa. 188 · Supreme Court of Pennsylvania · Mar 16, 1979

This evidence is clearly relevant to the question of whether appellant forced the victim into having sexual relations with him. … Both the police laboratory chemist and the medical examiner were eminently qualified to testify as expert witnesses.

Commonwealth v. Roman

494 Pa. 440 · Supreme Court of Pennsylvania · Jul 2, 1981

The standard of reviewing ineffectiveness claims is firmly established in this Commonwealth. … Section (d) clearly and unequivocally provides for the exclusion of certain periods of delay when determining the period for the commencement of trial.

Meerzon v. Erie Insurance

380 Pa. Super. 386 · Supreme Court of Pennsylvania · Dec 28, 1988

In common law arbitration, an award may not be vacated or modified "unless it is clearly shown that a party was denied a hearing or that fraud, misconduct, corruption or other irregularity caused the rendition of an unjust … The policy, like § 1702, required that the insured "promptly notify the police” in order to qualify for such coverage. Id. at 11 (R.R. at 121a).

Commonwealth v. Vanderlin

398 Pa. Super. 21 · Supreme Court of Pennsylvania · Sep 18, 1990

Whether the evidence was insufficient to establish that defendant took a substantial step toward the completion of the crime of attempted rape. III. … The evidence clearly established not only that she had ample opportunity to listen to the sound of his voice, but also that her attention was focused on what the assailant was saying to her throughout the attack.

Fox v. STATE FARM MUT. AUTO. INS. CO.

322 Pa. Super. 96 · Supreme Court of Pennsylvania · May 25, 1984

The moving party bears the burden of demonstrating clearly that there is no genuine issue of fact. Acker v. Palena, 260 Pa.Super. 214, 218-219 , 393 A.2d 1230, 1232 (1978) (citations omitted). … It appears that nearly every material fact is as yet still the subject of genuine dispute and that neither party is as yet clearly entitled to judgment as a matter of law.

Cucchi v. Rollins Protective Services Co.

377 Pa. Super. 9 · Supreme Court of Pennsylvania · Aug 11, 1988

In this case, the trial judge merely highlighted the only statement that he had heard introduced into evidence which would qualify as an oral express warranty. … Clearly then, if Rollins had been given leave to amend its answer to include the statute of frauds as a defense, the Cucchis would have suffered undue prejudice.