2001 Pa. Super. 376 - Colonna v. Colonna’s Empirical Analysis
2001
Citation profile
5
cited by 5 later decisions
2
states following
August 2017
most recently cited
5 state decisions
Relationships
Relies on Simeone v. Simeone · Commonwealth v. Randolph · Barto v. Felix · 2000 Pa. Super. 171 - Todd Heller, Inc. v. United Parcel Service, Inc. · In Re JEF
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he requirement that a party be made aware of his or her statutory rights, set forth by the plurality in [In re Estate of] Geyer, has never been adopted by a majority of this court, and we decline to do so here.... [W]e endorse the parties’ rights to freely contract, and thus decline to impose the additional inquiry as to whether the parties were sufficiently advised of their statutory rights.... [W]e recognize in Simeone that “[p]arties to these agreements do not quite deal at arm’s length, but rather at the time the contract is entered into stand in a relation of mutual confidence and trust that calls for disclosure of their financial resources.” In light of this unique relationship, we affirm the principle in Si-meone that full disclosure of the parties’ financial resources is a mandatory requirement. This requisite acknowledges that the parties stand in a closer relationship beyond that of professional acquaintances negotiating a commercial contract. However, for the reasons expressed above, we do not find that the spousal relationship warrants the extra requirement that the parties be advised of their statutory rights. Rather, we find that the right balance is struck by requiring full disclosure of financial assets, in conjunction with the protection of traditional contract remedies for fraud, misrepresentation or duress. Therefore, we hold that a spouse may enforce a[n antenuptial] agreement without having to demonstrate that statutory rights have been disclosed, eith”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.