Case law

Opinions from 1658 to today.

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  • In Re Nomination Petition of Carroll

    586 Pa. 624 · Supreme Court of Pennsylvania · May 2, 2006

    Carroll listed the positions he holds as “MAYOR” and “LEGISLATIVE AID HOUSE,” *628 and he listed the position he was seeking as “PA HOUSE OF REPRESENTATIVE [sic].” 4 On March 14, 2006, Garvey, a registered Republican and qualified … Thus, the General Assembly by this chapter intends to define as clearly as possible those areas which represent conflict with the public trust. *638 65 Pa.C.S. § 1101.1(a).

    Cited 32 timesPublished
  • Commonwealth v. 1997 Chevrolet & Contents Seized From Young

    639 Pa. 239 · Supreme Court of Pennsylvania · May 25, 2017

    to find the mobile home and auto shop at issue, like the automobile at issue in its earlier [J-68A-2016 and J-68B-2016] - 11 decision involving the transportation of illegal liquor, not immune … Knowledge does not establish consent.

    Cited 35 timesPublished
  • Commonwealth v. Hardy, W., Aplt

    Supreme Court of Pennsylvania · Jun 17, 2025

    Eligibility option (i) – evidence that was not previously tested Evidence qualifies under option (i) if “the technology for testing” did not exist at the time of trial. … With that said, I have some hesitation about the “more likely than not” qualifier.

    Cited 0 timesPublished
  • Commonwealth v. Shirey

    333 Pa. Super. 85 · Supreme Court of Pennsylvania · Sep 7, 1984

    Clearly, the crimes upon each girl during these incidents took place in a short span of time. Crimes which are closely related in time require little analysis to determine that a single criminal episode exists. Id. … It remains a single distinctive occurrence, a comprehensive series of acts so as to qualify as a single criminal episode....

    Overruled on other grounds by Commonwealth v. Anderson, 379 Pa. Super. 589 (1988)Cited 47 timesPublished
  • Bethlehem Steel Corp. v. Litton Industries, Inc.

    321 Pa. Super. 357 · Supreme Court of Pennsylvania · Apr 30, 1984

    The parties clearly understood that PX-4 was not part of the consideration for the Hull 101 Contract. … The intent of the Code, as clearly expressed by 13 Pa.C.

    Cited 9 timesPublished
  • Tucker v. Philadelphia Daily News

    577 Pa. 598 · Supreme Court of Pennsylvania · Apr 29, 2004

    [W]ords which standing alone may reasonably be understood as defamatory may be so explained or qualified by their context as to make such an interpretation unreasonable. … Clearly, if the newspapers printed a true statement, they could not be *621 held liable in a defamation action. New York Times, 376 U.S. at 279-280 , 84 S.Ct. 710 .

    Cited 123 timesPublished
  • Kneedler v. Lane

    45 Pa. 238 · Supreme Court of Pennsylvania · Jul 1, 1863

    For what are penalties and criminal jurisprudence established ? Why are governmental powers given to protect society against sedition and insurrection ? Clearly to defend man against himself. … It is likened to the expressly conferred powers to levy and-collect taxes, coin money, establish post roads, &c., all of which, it is argued, are *331 unlimited powers, because plainly granted, and not expressly qualified

    Cited 14 timesPublished
  • Friends of D. DeVito, Pets. v. Wolf, Levine

    Supreme Court of Pennsylvania · Apr 13, 2020

    We agree with Respondents that the COVID-19 pandemic qualifies as a “natural disaster” under the Emergency Code for at least two reasons. … This procedure establishes the criteria to defeat the categorization as a non-life-sustaining business.

    Cited 0 timesPublished
  • Wood v. Conneaut Lake Park, Inc.

    417 Pa. 58 · Supreme Court of Pennsylvania · Mar 16, 1965

    George Wood has established a clear case of negligence and *73 he should not be deprived of the modest verdict (modest in view of the gravity of his disablement) which the jury awarded him. … There is no possible logical explanation for this appalling metamorphosis except the one clearly spelled out in the plaintiff's case.

    Cited 13 timesPublished
  • Commonwealth v. Robinson

    583 Pa. 358 · Supreme Court of Pennsylvania · Jun 22, 2005

    The Court’s determination on direct appeal, however, was clearly tethered to guilt-phase impact, as it was expressly predicated on the overwhelming evidence of Appellant’s guilt. See Commonwealth v. … See Robinson, 554 Pa. at 313-14 , 721 A.2d at 355 . , It should be noted, however, that the Court's precedent in this regard has since been qualified, if not rejected, by the United States Supreme Court in Kelly v.

    Cited 93 timesPublished
  • PA Env. Defense Fdn., Aplt. v. Gov. Wolf

    Supreme Court of Pennsylvania · Jun 20, 2017

    established public trust principles applicable to Section 27. … [J-35-2016] - 35 and clearly indicates that assets of the trust are to be used for conservation and maintenance purposes.

    Cited 0 timesPublished
  • Commonwealth v. Stonehouse

    521 Pa. 41 · Supreme Court of Pennsylvania · Mar 3, 1989

    The failure of counsel to request this instruction was clearly erroneous under the law of this Commonwealth. … A properly qualified expert would have been able to assail these myths and to inform the jury that battered women are nearly always subject to intense sexual jealousy which leads them to isolate themselves socially.

    Cited 55 timesPublished
  • Powell v. Unemployment Compensation Board of Review

    638 Pa. 558 · Supreme Court of Pennsylvania · Mar 28, 2017

    albeit in dicta, that a court’s refusal to hear a party’s representative in a civil case could constitute a denial of due process, the High Court conditioned its statement on the court’s refusal being “arbitrary,” which is clearly … Appellee has provided no applicable support for his claim of constitutional entitlement, and in light of this Court’s clear authority to establish standards for the conduct of attorneys in order to protect the public from

    Cited 7 timesPublished
  • Commonwealth v. Gorby

    589 Pa. 364 · Supreme Court of Pennsylvania · Jun 20, 2006

    The jurors unanimously found the aggravating circumstances alleged by the Commonwealth to have been established beyond a reasonable doubt, 4 and each juror determined that Appellant had failed sufficiently to establish any … Accordingly, we conclude that the arguable merit prong of inquiry into the effective assistance of appellate counsel is established.

    Cited 25 timesPublished
  • Commonwealth v. UPMC, Appeal of: UPMC

    634 Pa. 97 · Supreme Court of Pennsylvania · Nov 30, 2015

    Bishop, who was qualified as an expert based on her work as a consultant and prior service in the federal government, including for CMS, opined that, while it was true that Medicare Advantage was part of the Medicare program … Highmark clearly believed that it had the right in April 2014, prior to the entry of the Consent Decrees, to unilaterally change the oncology fee schedules it was paying under the Medicare Advantage provider agreements in

    Cited 87 timesPublished
  • In Re: Trust B of Wells; Apl of: V.M.I. Foundation

    Supreme Court of Pennsylvania · Mar 21, 2024

    Wells Revocable Trust Agreement, establishing First Seneca as the corporate trustee. … Op., 9/30/2021, at 7 (“This was a man who clearly knew what he was doing. He was the President of a Bank and Trust Company. Wells wanted to make a gift in trust to his alma mater and he did.

    Cited 0 timesPublished
  • J.S. v. Manheim Twp. SD, Aplt.

    Supreme Court of Pennsylvania · Nov 17, 2021

    Additionally, J.S. argues that because the School District failed to establish that J.S. … Applying this two-pronged approach, Justice Wecht determined that the First Amendment did not immunize Knox’s rap song from prosecution, and his lyrics constituted a true threat.

    Cited 0 timesPublished
  • Commonwealth v. Rightnour

    435 Pa. 104 · Supreme Court of Pennsylvania · May 9, 1969

    , by Chief Justice BELL, said (pages 219-220): "Defendant's psychiatric evidence and the applicable Law "The lower Court on petition of defendant's counsel ordered an inquiry into the defendant's mental condition by two qualified … All this proves to me that the dissenters in Ahearn were hardly voices in the wilderness, but rather represent what quite clearly is the apparently unanimous position of enlightened legal thinkers, while those who support

    Cited 20 timesPublished
  • Commonwealth Ex Rel. Zaubi v. Zaubi

    492 Pa. 183 · Supreme Court of Pennsylvania · Sep 22, 1980

    We are satisfied that jurisdiction in the Common Pleas Court of Greene County has been established under section 4(a)(1)(i). … The fact that has been missed by the majority is that section 9 is clearly not applicable to this case.

    Cited 19 timesPublished
  • McGinnis v. Watson

    41 Pa. 9 · Supreme Court of Pennsylvania · May 8, 1862

    The next year this act was qualified so as not to be treated as a term of communion, and those who were offended at this separated themselves and constituted that branch of the church called the Anti-Burghers, and those who … In 1837, it is said, they joined the established church. It is important also to gather their opinions relative to unions among separate Christian communities.

    Cited 20 timesPublished

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