Case law

Bochetto & Lentz P.C. v. WFIC, LLC

41 Pa. D. & C.5th 259 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 22, 2014

For an averment to qualify as a judicial admission, it must be a clear and unequivocal admission of fact. … For instance, Bochetto & Lentz rely upon allegations of clearly established law on the issue of payment intangibles, the UCC, the settlement of the Martin action and the absence of WFIC’s verification to allege gross negligence

In re Recanvassing Votes

35 Pa. D. & C.2d 384 · Pennsylvania Court of Common Pleas, Philadelphia County · Dec 29, 1964

Section 1702 of the code establishes one method: 25 PS §3262. … This contention is clearly without merit since the requirement for such a petition arises from a statutory mandate, rather than from any action on the part of the board.

In re Hall

22 Pa. D. & C. 36 · Pennsylvania Court of Common Pleas, Philadelphia County · Nov 13, 1934

The other physician who examined her stated clearly that she was not mentally deficient but was apprehensive and fearful. … right to interfere in such use or enjoyment, unless within the purview of some Act of Assembly so modifying, qualifying or controlling the same.

Cuker v. Mikalauskas

35 Pa. D. & C.4th 87 · Pennsylvania Court of Common Pleas, Philadelphia County · Feb 26, 1998

The evidence at trial established that such interviews were not necessary or appropriate. Chapter 56 of the Pa. … Code, which sets forth standards for collection by public utilities, demonstrates clearly what the PUC’s position is on such matters.

In re Contested Election of Office of Register of Wills

43 Pa. D. & C. 588 · Pennsylvania Court of Common Pleas, Philadelphia County · Dec 5, 1941

voters . . . were unlawfully refused permission to qualify and vote”. … This is clearly set forth in the court’s opinion at pages 566, 567: “To justify the conclusion that upwards of 1,500 votes were illegally cast for respondent, we must assume that in the election districts concerning which

Hennessy v. Robertson

37 Pa. D. & C.5th 520 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 10, 2014

Shorr was clearly admissible. … It is well established law that “an investigating police officer who did not witness an accident may not render an opinion at trial as to its cause unless he or she has been qualified as an expert. Smith v.

Mortimer v. City of Philadelphia

20 Pa. D. & C.2d 203 · Pennsylvania Court of Common Pleas, Philadelphia County · Nov 5, 1959

for entrance into or promotion within the classified service and to discover the relative fitness of those who are qualified. … We find initially that he did not comply with the civil service regulation which fixed the time within which a request to correct a rating should be made. 7 *217 It was clearly established that plaintiff waited from March

In re Estate of Brooks

31 Pa. D. & C.5th 237 · Pennsylvania Court of Common Pleas, Philadelphia County · May 7, 2013

Super. 188, 189 , 522 A.2d 77, 78 (1987) (orphans’ court “refused a request for a hearing de novo and limited its review to the record established before the register of Wills”). … Melton’s failure to acknowledge the existence of these other claimants in her petition for probate and grant of letters before the register clearly cast serious doubt on her trustworthiness in administering her *246 father

Western Savings Fund Society v. Wytish

68 Pa. D. & C.2d 104 · Pennsylvania Court of Common Pleas, Philadelphia County · May 20, 1974

It is well-established law that inadequacy of consideration will not alone suffice to set aside an execution sale in other respects regular and proper: Taylor v. Bailey, 323 Pa. 278 , 185 Atl. 699 (1936); Stroup v. … Defendants should have presented appraisal testimony of qualified experts or other competent evidence. They did not satisfy their burden by presenting a bare allegation of value.

Bell v. City of Philadelphia

77 Pa. D. & C. 497 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 20, 1951

The benefit whereby a 15-year employe is permitted to qualify as if he were a 20-year employe does not extend the fictional employment for the balance of five years to a calculation of his pension entitlement. … “Granting to any corporation, association or individual any special or exclusive privilege or immunity, . . .”

Zellman v. City of Philadelphia

17 Pa. D. & C. 493 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 30, 1932

not have been responsible for the occurrence, nevertheless the court would not be disposed to enter judgment n, o. v. on this ground, but would rather be inclined to grant a new trial in order to enable both parties more clearly … to develop the exact spot where the accident occurred and to establish the exact places where the city carried on its dumping operations.

Commonwealth v. Gonzales

48 Pa. D. & C.3d 386 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 1, 1988

“Animal fighting,” moreover, is clearly defined as: “Fighting or baiting any bull, bear, dog, cock or other creature.” The statute clearly proscribes defendant’s conduct — the actual baiting of two cocks. … S. §302(c) provides that “when the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts intentionally, knowingly, or recklessly with respect

Hansen v. Wyeth Inc.

72 Pa. D. & C.4th 225 · Pennsylvania Court of Common Pleas, Philadelphia County · May 10, 2005

Smith, 861 A.2d 892 (Pa. 2004), establishes that counsel may not bootstrap factual material into a case through opinion evidence. Expert opinion itself cannot establish any case-specific fact. … Clearly, specialized knowledge beyond that possessed by a layperson is needed by the trier of fact to understand the evidence and determine the facts in issue in this case. Clearly Dr.

Wexler v. Hecht

64 Pa. D. & C.4th 552 · Pennsylvania Court of Common Pleas, Philadelphia County · Aug 13, 2003

Lazar never established that the norms by which he judged Dr. … Lazar is not qualified to opine about the alleged negligence of Dr. Hecht or about legal matters of causation. The specialties of orthopedics and podiatry do not sufficiently overlap to qualify Dr.

Heilig Estate

13 Pa. D. & C.3d 1 · Pennsylvania Court of Common Pleas, Philadelphia County · Jan 30, 1979

This court has no difficulty in concluding, as a matter of law, that the ruling in Cavill established a new principle of law by deciding an issue of first impression whose resolution was not clearly foreshadowed, thereby … qualifying under the first test of Chevron, supra, for nonretroactive application.

Meyers v. Aetna Life Insurance

39 Pa. D. & C.2d 1 · Pennsylvania Court of Common Pleas, Philadelphia County · Nov 22, 1965

Defendant also contends that “the inclusion of the words ‘bed patients’ in the policy definition of ‘hospital’ quite clearly restricts a qualifying institution to one which treats persons who suffer from a physical or-mental … Constant, who is a qualified psychiatrist and who is a board-certified and licensed medical doctor in Texas.

Harris v. Wilson

30 Pa. D. & C. 239 · Pennsylvania Court of Common Pleas, Philadelphia County · Jul 7, 1937

If he is, then he is clearly precluded from entering into contracts with the city by section 3 of article XX of the City Charter Act of June 25, 1919, P. L. 581. … Established by the Constitution, magistrates’ courts are as much a part of our judicial system as the Supreme Court itself.

Revocation of Restaurant License of Moeroe Corp.

64 Pa. D. & C.2d 499 · Pennsylvania Court of Common Pleas, Philadelphia County · Jan 16, 1974

As clearly stated in the Act of May 15, 1895, P. L. 69, sec. 1; 1913, June 6, P. … Lowe received a percentage of the profits of the establishment they were “concessionaires,” and had a “pecuniary interest” in the establishment.

Durand v. Halbach

1 Miles 46 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 14, 1835

It is the immunity of the country or government which the consul represents. … As the constitution of the United States comprehends ambassadors and consuls in the same provision, it clearly recognises the application to the case of consuls, of that familiar principle of the law of nations by which the

Commonwealth v. City of Philadelphia

19 Pa. D. & C.2d 690 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 16, 1959

By the terms of this regulation, special low rates are fixed for consumers who qualify as “institutions of purely public charity.” … To allow an interpretation of regulation no. 3 which is clearly at variance with the plain and long established meaning of the language used therein would deprive consumers affected thereby of the right to notice and hearing