1999 Pa. Super. 97 - Bailey v. Storlazzi’s Empirical Analysis

Citation profile

2 federal appellate · 30 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[I]t is essential that the face of the complaint indicate that its claims may not be sustained and that the law will not permit recovery. If there is any doubt, it should be resolved by the overruling of the demurrer.... “Put simply, the question presented by demurrer is whether, on the facts averred, the law says with certainty that no recovery is possible.” Bailey v. Storlazzi, 729 A.2d 1206, 1211 (Pa. Super. 1999).”

   6 later decisions quote this exact passage
   e.g. Levin v. Schiffman · Del Borrello v. Del Borrello

2. “It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, or in the case of a fraternal corporation or association, unless based upon membership in such association or corporation, or except where based upon applicable security regulations established by the United States or the Commonwealth of Pennsylvania: (a) For any employer because of the race, color, religious creed, ancestry, age, sex, national origin or non-job related handicap or disability or the use of a guide or support animal because of the blindness, deafness or physical handicap of any individual or independent contractor, to refuse to hire or employ or contract with or to bar or to discharge from employment such individual or independent contractor, or to otherwise discriminate against such individual or independent contractor with respect to compensation, hire, tenure, terms, conditions or privileges of employment or contract, if the individual or independent contractor is the best able and most competent to perform the services required. The provision of this paragraph shall not apply, to (1) operation of the terms or conditions of any bona fide retirement or pension plan which have the effect of a minimum service requirement, (2) operation of the terms or conditions of any bona fide group or employee insurance plan, (3) age limitations placed upon entry into bona fide apprenticeship programs of two years or more approved by the State Apprenticeship and Traini”

   1 later decision quote this exact passage
   e.g. 290 F. Supp. 2d 571 - Glanzman v. Metropolitan Management Corp.

3. ““(1) he engaged in a protected activity; (2) he was discharged subsequent to or contemporaneously with such activity; and (3) there is a causal link between the protected activity and the discharge. Griffiths v. CIGNA Corp., 988 F.2d 457 , 468 (3d Cir.), cert. denied, 510 U.S. 865 , 114 S.Ct. 186 , 126 L.Ed.2d 145 (1993). ‘Protected activity’ includes informal protests of discrimination such as complaints to management. Harris v. SmithKline Beecham, 27 F. Supp.2d 569 (E.D. Pa. 1998)(citing Barber v. CSX Distribution Services, 68 F.3d 694, 702 (3d Cir. 1995)).” Bailey v. Storlazzi, 729 A.2d 1206 , 1214 n.9 (Pa. Super. 1999).”

   1 later decision quote this exact passage
   e.g. Fisher v. Elbeco Inc.