Case law

Magazine Publishers of America v. Commonwealth

539 Pa. 563 · Supreme Court of Pennsylvania · Jan 18, 1995

Newspaper means “a ‘legal newspaper’ or a publication containing matters of general interest and reports of current events which qualifies as a ‘newspaper of general circulation’ qualified to carry a ‘legal advertisement’ … Clearly, this is a tax of general applicability and was not designed to “suppress the expression of particular ideas or viewpoints.” Id.

Commonwealth v. Wise

216 Pa. 152 · Supreme Court of Pennsylvania · Jan 7, 1907

his successor was qualified. … Without any feasible or practical provision in any other part of the constitution for providing a successor where the candidate elect refuses to qualify, it is clearly within the proper rules of construction to hold that

In Re the Nomination Petitions & Papers of Stevenson

615 Pa. 50 · Supreme Court of Pennsylvania · Mar 26, 2012

He further contends that the issue clearly has the potential to recur. … Commonwealth, 755 F.2d 38 (3rd Cir.1985), cert. denied, 474 U.S. 819 , 106 S.Ct. 67 , 88 L.Ed.2d 54 (1985) (“Delaware Valley II ”). 11 The Third Circuit observed that there “is a clearly established *72 rule that state courts

Smith v. City of Philadelphia

512 Pa. 129 · Supreme Court of Pennsylvania · Oct 3, 1986

Furthermore, this important interest is closely related to the classification established by the statutory scheme: only persons who might recover against the Commonwealth or its subdivisions are affected. … Sentence two, which is framed in permissive language ("may" instead of "shall"), must be read in such a manner, then, that it does not qualify the imperative of Sentence 1, but in a way so that it complements that sentence

Wanamaker's Estate

312 Pa. 362 · Supreme Court of Pennsylvania · Apr 12, 1933

They think he had in mind the establishment at Princeton University of such courses as have been established at other Universities of like standing. … He used words plainly and clearly dealing with the future.

Kemp v. Qualls

326 Pa. Super. 319 · Supreme Court of Pennsylvania · Feb 24, 1984

Lopusniak had said would clearly constitute “double hearsay”. … In such circumstances, such a claim was clearly waived, and we cannot consider it on appeal.

Klein v. Raysinger

504 Pa. 141 · Supreme Court of Pennsylvania · Dec 30, 1983

The majority establishes a new immunity in tort law previously unheard of in the decisions of this Court. … The creation of a new class and the establishment of a new immunity makes history — bad history. The combination of an intoxicated person and an automobile causes death and serious harm to many each day.

Wimer v. Pennsylvania Employees Benefit Trust Fund

595 Pa. 627 · Supreme Court of Pennsylvania · Dec 27, 2007

This well-established legal precedent is in accord with the equitable purposes that underlie the doctrine of subrogation. … . §§ 1002 (32), 1003(b)(1) (providing that the provisions of ERISA are inapplicable to governmental plans, which include plans established for state or federal government employees).

Commonwealth v. Furman

211 Pa. 549 · Supreme Court of Pennsylvania · Apr 17, 1905

this appeal as to the guilt of the prisoner, or the justice and propriety of his conviction; The single assignment of error is to the admission as a witness of a boy of eight years whose testimony was not material to the establishment … In the present case the witness clearly comprehended the difference between truth and falsehood, and his duty to tell the truth. That was the substance of qualification as a witness.

Philadelphia v. Commonwealth

270 Pa. 353 · Supreme Court of Pennsylvania · May 2, 1921

L. 36, changed this and established uniform primaries under statutory regulations. … suit is used in the sense of “lia *360 bility”; the very next paragraph, as well as all that follows in the opinion, clearly shows this to be so.

Beck's Estate

225 Pa. 578 · Supreme Court of Pennsylvania · Oct 11, 1909

He was the father of nine children, five of whom had left the family home and were living in established homes of their own. … The will clearly discloses such a purpose.

Commonwealth ex rel. Reeder v. Pattison

109 Pa. 165 · Supreme Court of Pennsylvania · May 18, 1885

We have no doubt this was what was intended, but the thought was not as clearly expressed perhaps as it might have been. … The idea of establishing a rule, by which the judge oldest in continuous service will be president of the court, is neither new nor unnatural.

Groff v. Groff

209 Pa. 603 · Supreme Court of Pennsylvania · Oct 10, 1904

Groff on the note with specimens of his admittedly genuine signature; it followed that he was qualified to express an opinion as to Groff’s signature. … Nevertheless as counsel calling the witness was bound to clearly satisfy the court of his competency, we think he failed to come up to the measure of proof required to qualify him as an expert and there'was no error in excluding

Commonwealth v. Kindler

536 Pa. 228 · Supreme Court of Pennsylvania · Feb 9, 1994

The police executed the warrant by going to Appellant’s home and, after a struggle, handed Appellant a copy of the warrant which clearly named Bernstein as the informant 5 . … The evidence the jury heard established that Bernstein was subpoenaed as a witness by the Commonwealth for the Sound Odyssey burglary and that Bernstein was granted immunity so that he could testify against Appellant at the

SAW CREEK COMMUNITY ASS'N v. County of Pike

581 Pa. 436 · Supreme Court of Pennsylvania · Jan 19, 2005

Applying the above three requirements to the restaurant and sales office, we conclude that they both qualify as common facilities. … The agreement further stated that the restaurant operator was responsible for enforcing all of the policies, rules, and regulations concerning the use and operation of the restaurant, which were to be established by the Association

Commonwealth v. Simmons

569 Pa. 405 · Supreme Court of Pennsylvania · Dec 31, 2001

Thus, under Kyles , the prosecution’s Brady obligation clearly extends to exculpatory evidence in the files of police agencies of the same government bringing the prosecution. … Keaton, 556 Pa. 442 , 729 A.2d 529, 543 (1999), where we held that there is no requirement that a jury be life-qualified, but that if a defendant chooses to life-qualify a jury, a trial court must permit him to do so.

In re Estate of Sauers

613 Pa. 186 · Supreme Court of Pennsylvania · Nov 23, 2011

Consistent therewith, the United States Supreme Court has noted, with regard to Section 1144(a) preemption, “that this broadly worded provision is clearly expansive.” Egelhoff v. … To that end, Ex-Spouse notes that Decedent “participated as an employee in an employer sponsored benefit plan which included the life insurance policy subject to the instant action which was qualified under ERISA.”

Commonwealth v. Schollenberger

156 Pa. 201 · Supreme Court of Pennsylvania · Jul 19, 1893

The second line along which he claims to derive immunity is the “ original package ” doctrine. He says he sells in the packages made up a-t the factory. … The destructive effect upon commerce of such restrictions was clearly foreseen and wisely guarded against by our fathers.

Page v. Allen

58 Pa. 338 · Supreme Court of Pennsylvania · Jul 2, 1868

In those who possess them is vested a high, and to freemen, sacred right, of which they cannot be divested by any but the power which established them, viz.: The people, in their direct legislative capacity. … This clearly appears in the 2d and 3d provisions to the 3d section of the act.

Commonwealth, Aplt. v. Hunte, L.

Supreme Court of Pennsylvania · Jun 17, 2025

(b) Immunity from civil or criminal liability. … The trial court first found that the instant case clearly implicated Section 3755.