Case law

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. .....

Roverano, W., Aplt. v. John Crane, Inc.

Supreme Court of Pennsylvania · Feb 19, 2020

Arthur Frank, who was qualified as an occupational medicine expert specializing in asbestos-related diseases. … Cir. 1923), or that an expert witness offering such an opinion would qualify under Pa.R.E. 702(c).

FEDERAL LAND BANK OF BALT. v. Sustrik

367 Pa. Super. 582 · Supreme Court of Pennsylvania · Nov 5, 1987

Thus, the Bank’s and auditor’s reliance upon the 1980 amended version of Section 4303(a), containing “and indexed” to buttress their argument that indexing is a sine qua non to establishment of a “lien” immune to assault … Bank’s lien is clearly first in time because it dates as of the 1982 mortgage recording.

Roverano, W., Aplts. v. John Crane

Supreme Court of Pennsylvania · Feb 19, 2020

Arthur Frank, who was qualified as an occupational medicine expert specializing in asbestos-related diseases. … Cir. 1923), or that an expert witness offering such an opinion would qualify under Pa.R.E. 702(c).

Commonwealth v. Stranges

397 Pa. Super. 59 · Supreme Court of Pennsylvania · Aug 24, 1990

This case presents no justification for diverging from established precedent. … To qualify under the Cohen exception, all three factors must be met. See Fried v. Fried, supra, 501 A.2d at 214 ; Commonwealth v.

Landay, D. v. Rite Aid, Aplt.

Supreme Court of Pennsylvania · Nov 24, 2014

Cmwlth. 1984) (noting that, in enacting the HCFA, the legislature clearly was concerned with rising health care costs). … See, e.g., Pennsylvania eHealth Information Technology Act, 35 P.S. § 510.101 (enacted July 5, 2012) (concerning “consent and confidentiality of health information; and establishing civil immunity under certain circumstances

Smith v. Smith

595 Pa. 80 · Supreme Court of Pennsylvania · Dec 27, 2007

Clearly, the change in the multiplier constitutes a “postseparation enhancement” under § 3501(c) because it did not exist prior to separation and it dramatically increased the total pension benefits. … The actual qualifying of the domestic relations order is done by the employer's pension administrator. .

Commonwealth v. Nelson

377 Pa. 58 · Supreme Court of Pennsylvania · Jan 25, 1954

They are both equally and clearly untenable. I. Supersession. … (page 371) : “That the freedom of speech which is secured by the Constitution does not confer an absolute right to speak, without responsibility, whatever one may choose, or an unrestricted and unbridled license giving immunity

Pa. Rstrnt & Lodging v. City of Pittsburgh, Aplt.

Supreme Court of Pennsylvania · Jul 17, 2019

We are asked to consider whether these ordinances run afoul of the qualified statutory preclusion of local regulations that burden business. … But what, precisely, qualifies as such a regulation and what such a regulation may require of any given party or class of parties is unspecified.

Cuker v. Mikalauskas

547 Pa. 600 · Supreme Court of Pennsylvania · Apr 21, 1997

Nevertheless, a review of Pennsylvania decisions establishes that the business judgment doctrine or rule is the law of Pennsylvania. … They are personally liable only where they are guilty of fraudulent conduct or of acts clearly ultra vires. Watts’s Appeal, 78 Pa. 370, 392 (1875). In Swentzel v.

Pa. Rstrnt & Lodging v. City of Pittsburgh, Aplt.

Supreme Court of Pennsylvania · Jul 17, 2019

We are asked to consider whether these ordinances run afoul of the qualified statutory preclusion of local regulations that burden business. … But what, precisely, qualifies as such a regulation and what such a regulation may require of any given party or class of parties is unspecified.

In re Anonymous No. 25 D.B. 84

36 Pa. D. & C.3d 637 · Supreme Court of Pennsylvania · Dec 3, 1985

By making findings of fact which established respondent’s culpability on allegedly insufficient evidence to establish such unethical conduct on the part of respondent. … That the evidence was insufficient to establish any unethical conduct on the part of respondent.

Pa. Rstrnt & Lodging v. Pgh. Apl of: SEIU

Supreme Court of Pennsylvania · Jul 17, 2019

We are asked to consider whether these ordinances run afoul of the qualified statutory preclusion of local regulations that burden business. … But what, precisely, qualifies as such a regulation and what such a regulation may require of any given party or class of parties is unspecified.

COUNCIL 13, EX REL. FILLMAN v. Rendell

986 A.2d 63 · Supreme Court of Pennsylvania · Dec 28, 2009

a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment … of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter.... 29 U.S.C. § 218 (a).

Borrekins v. Bevan & Porter

3 Rawle 23 · Supreme Court of Pennsylvania · Jan 10, 1831

But it must be admitted, that the rule is qualified with many exceptions. Of this description, I take to be Laing v. Fidgeon, 6 Taunt. 108; Gray v. Coxe, 4 Barn. & Cresswell, 108; Bluett v. … The object of the common law rule is to encourage trade, by preventing actions against all in turn through whose hands the article has passed in a course of dealing; but this object must be defeated by the rule now established

Penna. Co. v. Clark

340 Pa. 433 · Supreme Court of Pennsylvania · Nov 26, 1940

No exception has been taken to that finding which is firmly established by the evidence. … Anderson , 70 F.2d 819 , cited by the defendant to disprove his liability to the receiver are clearly distinguishable.

Commonwealth v. Hoss

469 Pa. 195 · Supreme Court of Pennsylvania · Oct 8, 1976

Under the laws of this Commonwealth it has been clearly established that the grant or refusal of a request to change venue rests within the sound discretion of the trial judge. Commonwealth v. … In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors

Commonwealth v. Knox, J., Aplt.

190 A.3d 1146 · Supreme Court of Pennsylvania · Aug 21, 2018

The totality of these circumstances establish a sufficient link between the creation of the song and video, its publication and promotion, and Knox. … The tone of the lyrics chosen for this song demonstrates clearly that Knox was angered by his prior arrest and the effect that the arrest had upon his financial situation.

In Re Jones

505 Pa. 50 · Supreme Court of Pennsylvania · May 9, 1984

There not having been established a valid challenge under the Election Code as to the candidacy for the nomination of Roxanne H. … As previously stated, our Election Code at section 802 has clearly established only the members of a political party should participate in the nomination of its candidates.

In Re Estate of Reifsneider

531 Pa. 19 · Supreme Court of Pennsylvania · May 29, 1992

The reduction to statutory law of precepts already established in case law is in itself a legitimate legislative purpose. … Powers of attorney are strictly construed and the grant of special powers is not to be enlarged unless this is clearly intended. Fierst v.