Case law

Crown Castle NG East LLC v. PUC, Aplt.

Supreme Court of Pennsylvania · Jul 21, 2020

Just last year the High Court reaffirmed Auer’s continuing validity, albeit in a fractured and qualified ruling. See Kisor v. Wilkie, 139 S.Ct. 2400 (2019). … The text, structure, history, and so forth at least establish the outer bounds of permissible interpretation.)

Burch v. Sears, Roebuck and Co.

320 Pa. Super. 444 · Supreme Court of Pennsylvania · Oct 21, 1983

“An expert witness has been defined as a person who possesses knowledge not within the ordinary reach and *471 who, because of this knowledge is specially qualified to speak upon a particular subject.” Erschen v. … My review of the record suggests also that the weight of the evidence was clearly to the effect (1) that the legal cause of plaintiff’s injury was not a defective design of the electric lawn mower but the careless, if not

Thompson v. Thompson Apl of: Clarion Dom. Rel.

Supreme Court of Pennsylvania · Jan 22, 2020

The trial court subsequently entered an order establishing Thompson’s child support obligation at that amount. … Long established maxims [J-27-2019] - 9 of statutory construction compel this result.

Insurance Co. of North America v. Jones

2 Binn. 547 · Supreme Court of Pennsylvania · Jul 30, 1807

My remote situation and general course of study do not well qualify me for deciding in cases of this kind. … If such a usage had been established in Pennsylvania, it is natural to suppose particular instances of it might have been shewn.

Harris Estate

351 Pa. 368 · Supreme Court of Pennsylvania · Jan 5, 1944

These gifts were considered to be clearly and unambiguously expressed. The same thing is true in Erk’s Estate, 311 Pa. 185 , 166 A. 656 . … The intention to make a gift measured by the extent of the right which she might exercise was thus clearly expressed in the will.

Consum Adv v. PUC; Apl of: East Whiteland Twp

Supreme Court of Pennsylvania · Dec 16, 2025

Here, the Township insists the record clearly supports the conclusion that the Commission did, in fact, consider the transaction’s rate impact. … It also only references Section 1102 to address what information must be contained in an 1102 application, see 66 Pa.C.S. § 1329(d)(1) and (e), and who qualifies as an “entity.”

Commonwealth, Aplt. v. Rosario, K.

Supreme Court of Pennsylvania · May 16, 2023

Under these hypothetical examples, as in the case sub judice, the defendants will not enjoy immunity for their crimes, and public safety will not be compromised. … These requirements clearly limit the timing of revocation to the post-commencement-of-probation context.

Commonwealth v. Hill

185 Pa. 385 · Supreme Court of Pennsylvania · Apr 11, 1898

The boundaries of professional privilege and professional obligation are clearly defined and in no way doubtful. Counsel represents the prisoner to defend his rights. … And it is clear that the practice was established before the act of 1718.

Commonwealth v. Boykin

450 Pa. 25 · Supreme Court of Pennsylvania · Dec 20, 1972

This rule is qualified by a number of exceptions stated in terms of the capacity of the evidence to prove some specific fact or issue such as intent, plan, scheme or design. … not here necessary to look for a general scheme or to discover a united system in all acts; the attempt is merely to discover the intent accompanying the act in question; and the prior doing of other similar acts, whether clearly

Kremer v. Barbieri

490 Pa. 444 · Supreme Court of Pennsylvania · Jun 24, 1980

72.7% (for the records commissioner). [6] Salary comparisons between our trial judges, federal district court judges, [7] and professionals of equal education, age and background also reveal substantial inequality. [8] Clearly … contain an automatic annual cost of living increase [10] to enable our trial judges to keep pace with inflation and to render the occupation of judge sufficiently stable and appealing to continue to attract and maintain qualified

Commonwealth v. Perry

568 Pa. 499 · Supreme Court of Pennsylvania · Jun 3, 2002

Lieutenant McDevitt was not qualified as a firearms expert and there was absolutely no evidence to support his assertion that the gun could somehow discharge on its own. … police does not justify the warrant-less search of Appellants’ car. 3 *543 The Opinion Announcing the Judgment further justifies the warrantless search by explaining that the police engaged in a search limited solely to establishing

In Re Petition to Contest the General Election for District Justice

543 Pa. 216 · Supreme Court of Pennsylvania · Jan 22, 1996

In contrast, the failure to adequately secure ballot boxes alleged here qualifies as a breakdown in the Board of Elections’ operation due to some failure on the part of its officers. … U, 1975, the evidence clearly establishes that at some point after election night and before the first recount, fraud occurred with regard to at least some of the ballots.

Commonwealth v. Fitzpatrick III, J., Aplt.

Supreme Court of Pennsylvania · Jul 23, 2021

Because this was a murder case, and not a will contest, Annemarie’s statements clearly could not be introduced to establish as objective fact something that Annemarie subjectively believed. … Relevant here, Moore challenged the admissibility of the testimony establishing his long-term bullying of the victim under Rule 803(3), contending, inter alia, that such fact- based statements do not qualify as state of

Commonwealth, Aplt. v. Rosario, K.

Supreme Court of Pennsylvania · May 16, 2023

Under these hypothetical examples, as in the case sub judice, the defendants will not enjoy immunity for their crimes, and public safety will not be compromised. … These requirements clearly limit the timing of revocation to the post-commencement-of-probation context.

Case of the accounts of Siter

4 Rawle 468 · Supreme Court of Pennsylvania · Mar 29, 1834

This also was but a dictum, and it will be seen by other dicta of the same able judge, that he supposed the generality of the rule might be qualified by the nature of the consideration. … Whatever is-found in the books, however, is clearly predicated of his power over her possibility and of his capacity to bar her title.

Waring v. WDAS Broadcasting Station, Inc.

327 Pa. 433 · Supreme Court of Pennsylvania · Apr 21, 1937

Plaintiff owns ninety-eight shares of the corporation out of a total of one hundred, the other two being issued merely for the purpose of qualifying the necessary directors. … An abundance of testimony was presented by him to establish this feature of the case.

Phipps v. Phipps

368 Pa. 291 · Supreme Court of Pennsylvania · Jun 27, 1951

His knowledge of the particular subject matter did not in any sense qualify as after-discovered evidence. … The Superior Court has decided that indignities cannot be established by proving adultery alone.

Commonwealth, Aplt. v. Rosario, K.

Supreme Court of Pennsylvania · May 16, 2023

Under these hypothetical examples, as in the case sub judice, the defendants will not enjoy immunity for their crimes, and public safety will not be compromised. … These requirements clearly limit the timing of revocation to the post-commencement-of-probation context.

Commonwealth, Aplt v. Diaz, M.

Supreme Court of Pennsylvania · Mar 26, 2020

The Commonwealth states that the record is replete with instances establishing Diaz’ “command of the English language.” … (b) Appointment of otherwise qualified interpreter.-- (1) An otherwise qualified interpreter shall be appointed by the presiding judicial officer if a good faith effort was made to

Commonwealth v. Mikulan

504 Pa. 244 · Supreme Court of Pennsylvania · Dec 30, 1983

(c) Culpability required unless otherwise provided.— When the culpability sufficient to establish a material *257 element of an offense is not prescribed by law, such element is established if a person acts intentionally, … When acting knowingly suffices to establish an element, such element also is established if a person acts intentionally. .....