Case law

Office of Disciplinary Counsel v. Anonymous Attorney A

528 Pa. 83 · Supreme Court of Pennsylvania · Jul 18, 1991

“When the Constitution clearly sets forth the manner in which something shall be done, that procedure must be followed to the exclusion of all others ....” Consumer Party of Pennsylvania v. … It specifically covers all conduct of a judge, and unlike the provisions of Article 5, section 18(d), it is written without any qualifying or restrictive language. Id., 483 Pa. at 458, 459 , 397 A.2d at 756, 757 .

Commonwealth Trust Co. General Mortgage Investment Fund Case

357 Pa. 349 · Supreme Court of Pennsylvania · Mar 27, 1947

This is a sound principle of justice, and should be applied without any further question as to whether the mistake is intrinsic or extrinsic, or whether it affects identify or qualify.” … Jur., section 138 e and f, said, “the rule that an admitted or clearly established misapprehension of the law does create a basis for the interference of courts of equity, resting on discretion, and to be exercised only in

Com. v. Chesapeake Energy (Anadarko, Aplt.)

Supreme Court of Pennsylvania · Mar 24, 2021

The OAG reads Danganan as instructing that “the second part of this definition does not modify or qualify the first part.” Id. … ANALYSIS The UTPCPL clearly regulates the conduct of sellers, and it does not provide a remedy for sellers to exercise against buyers.

Commonwealth v. Reed

607 Pa. 629 · Supreme Court of Pennsylvania · Dec 21, 2010

Clearly, Magliocco has limited relevance to the present matter. … Terroristic threats, a chapter 27 offense, was a qualifying Article B offense. Magliocco II, supra at 489 n. 8. .

Cobaugh v. Klick-Lewis, Inc.

385 Pa. Super. 587 · Supreme Court of Pennsylvania · Jul 14, 1989

Our standard of review is well established. … Clearly, the possibility of a hole-in-one is sufficiently remote to qualify as the necessary gambling requirement of an element of chance.

J.S. v. Bethlehem Area School District

569 Pa. 638 · Supreme Court of Pennsylvania · Sep 25, 2002

— materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech.” … While there is no dispute that the web site was *668 created off-campus, the record clearly reflects that the off-campus web site was accessed by J.S. at school and was shown to a fellow student.

Neff v. Lasso

382 Pa. Super. 487 · Supreme Court of Pennsylvania · Mar 13, 1989

The Court in Mazzagatti determined that the critical element for establishing such liability was the contemporaneous observance of the injury to the close relative. … The trial court reasoned that: Clearly our Supreme Court focused upon the first-hand observation by plaintiff of her son’s fatal accident in Sinn v. Burd.

Carrozza v. Greenbaum

591 Pa. 196 · Supreme Court of Pennsylvania · Feb 20, 2007

The answer to this question hinges on our interpretation of the Act’s “non-duplication of recovery” provision. 3 For the reasons that follow, we find that the answer to this question is a qualified “No.” … Contrarily, the legislature, both in the former PIGA Act and in the current PPCIGA Act, clearly has attempted to establish the Association as an entity subject to the same “rights, duties and obligations of the insolvent

Dooner v. President of Delaware

171 Pa. 581 · Supreme Court of Pennsylvania · Nov 4, 1895

He therefore had all the experience necessary to qualify him for the performance of his duties, and to apprise him of its risks and hazards. … But, very clearly, he should have looked for that additional handhold, before he put himself in such an extremely hazardous position.

Niederman v. Brodsky

436 Pa. 401 · Supreme Court of Pennsylvania · Jan 9, 1970

The judge noted "The impact rule will, no doubt, eventually be rejected as was the formerly well-entrenched rule of charitable immunities. … Moreover, I may add that which is often forgotten by the Majority — it is one of the most important duties of an appellate Court to erect legal signposts with language inscribed thereon so clearly, definitely, wisely and

Commonwealth v. Shifflett, G., Aplt.

Supreme Court of Pennsylvania · May 30, 2025

My reasoning follows. 1 Together, Apprendi and Alleyne establish a general rule that facts which increase the range of sentences to which a defendant is exposed must be found by a jury beyond a reasonable doubt (hereinafter … Thus, the majority errs by declaring Section 3806(a) unconstitutional to the extent it defines a “prior offense” to include a prior ARD acceptance for purposes of sentencing under Section 3804. 2 To qualify as a prior

Demchuk v. Bralow

404 Pa. 100 · Supreme Court of Pennsylvania · May 22, 1961

JUSTICE BELL, May 22, 1961: Plaintiff appeals from a judgment of nonsuit which was entered in her suit against defendant, a physician who was certified as specially qualified by the Board of Gastroenterology. … The law in Pennsylvania on this point is clearly annunciated in the Robinson and Wirts case, which was decided in 387 Pennsylvania 291."

Volunteer Firemen's Relief Ass'n v. Minehart

425 Pa. 82 · Supreme Court of Pennsylvania · Mar 22, 1967

Of the approximately 8,000 members of the Relief Association, approximately 4,700 qualify for the Special Death Benefit Fund. *87 The gist of appellees' objection to the use of state money and the interest earned thereon … This does not involve interference with the internal affairs of appellant for, as the Auditor General has stated, nothing prevents the association from establishing a special death benefit *92 limited in its coverage as long

EQT Production v. Boro of Jefferson Hills, Aplt.

208 A.3d 1010 · Supreme Court of Pennsylvania · May 31, 2019

EQT proffers that, by contrast, none of the witnesses who testified to their experiences with the Trax Farm site were qualified to render an expert opinion regarding potential community impacts from the Bickerton site, … The Commonwealth Court reversed on the basis that the evidence constituted only “unsupported anxieties” and established only “the mere possibility of an adverse impact,” which was insufficient to establish detriment.

Matter of Larsen

532 Pa. 326 · Supreme Court of Pennsylvania · Oct 14, 1992

Even so, risks remain in reviewing their qualified testimony. … DiPlacido’s testimony as clearly contradicted by evidence of two credible witnesses.

Commonwealth v. Campana

452 Pa. 233 · Supreme Court of Pennsylvania · May 4, 1973

Clearly, however, these detriments are not of the same order, and while it is doubtless wise to have a prohibition against the former written into the Constitution as a principle of fundamental fairness shared by all civilized … Is such a prisoner to be regarded as having been afforded “a relatively painless form of immunity” by the circumstance that the slate happened to prosecute the less serious offense first?

Commonwealth v. Allshouse

604 Pa. 61 · Supreme Court of Pennsylvania · Dec 29, 2009

The ex post facto clause of the Pennsylvania Constitution provides: "No ex post facto law, nor any law impairing the obligation of contracts, or making irrevocable any grant of special privileges or immunities, shall be passed … Regardless of the precise articulation, some statements qualify under any definition-for example, ex parte testimony at a preliminary hearing. Id. at 51-52 , 124 S.Ct. 1354 (citations omitted).

In Re: Appeal for Formation of Independent SD

Supreme Court of Pennsylvania · Oct 7, 2021

For educational policy reasons, the General Assembly “clearly intended to foster the creation of financially stable school districts[.]” Id. The Secretary therefore stated that he could not approve the petition. … In regulating how school districts utilize funding, the Public School Code establishes minimum requirements for employing and paying qualified professional employees. Id. §§ 11-1106.

In Re: Appeal for Formation of Independent SD

Supreme Court of Pennsylvania · Oct 7, 2021

For educational policy reasons, the General Assembly “clearly intended to foster the creation of financially stable school districts[.]” Id. The Secretary therefore stated that he could not approve the petition. … In regulating how school districts utilize funding, the Public School Code establishes minimum requirements for employing and paying qualified professional employees. Id. §§ 11-1106.

Rich Hill Coal Company v. Bashore

334 Pa. 449 · Supreme Court of Pennsylvania · Jan 12, 1939

The presumptions legislatively created by the challenged acts clearly fall within the category just described. … Suppose the "proposition" to be established by legal evidence was that B committed a certain crime?