2001 Pa. Super. 94 - Kit v. Mitchell’s Empirical Analysis

Citation profile

1 district · 11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Wrongful use of civil proceedings ‘is a tort which arises when a party institutes a lawsuit with a malicious motive and lacking probable cause. ’ Ludmer v. Nernberg, 433 Pa. Super. 316, 323 , 640 A.2d 939, 942 (1994), appeal denied, 541 Pa. 652 , 664 A.2d 542 (1995), cert. denied, Nernberg v. Ludmer, 517 U.S. 1220 , 116 S.Ct. 1849 , 134 L.Ed.2d 950 (1996) (quoting Rosen v. Bank of Rolla, 426 Pa. Super. 376, 382 , 627 A.2d 190, 191 (1993)). The elements of the tort are set forth at 42 Pa.C.S. §8351. Additionally, the legislature has delineated five factors that a plaintiff must show to succeed in the action: (1) the defendant has procured, initiated or continued the civil proceedings against him; (2) the proceedings were terminated in his favor; (3) the defendant did not have probable cause for his action; (4) the primary purpose for which the proceedings were brought was not that of securing the proper discovery, joinder of parties or adjudication of the claim on which the proceedings were based; and (5) the plaintiff has suffered dam ages. 42 Pa.C.S. §8354. These elements must be proven by a preponderance of the evidence. Mi-Lor Inc. v. DiPentino, 439 Pa. Super. 636, 640 , 654 A.2d 1156, 1158 (1995).” Kit v. Mitchell, 771 A.2d 814, 819 (Pa. Super. 2001). (footnote omitted) “Hence, in order to recover under the statute a plaintiff must prove (1) that the underlying proceedings terminated favorably to the plaintiff; (2) that the defendant caused those proceedings to be instit”

   1 later decision quote this exact passage
   e.g. Land v. Dezigns Inc.

2. ““To succeed in a fraud case, a plaintiff must establish the following elements... (1) a representation; (2) which is material to the transaction at hand; (3) made falsely, with knowledge of its falsity or recklessness as to whether it is true or false; (4) with the intent of misleading another into relying on it; (5) justifiable reliance on the misrepresentation; and (6) the resulting injury was proximately caused by the reliance.’... These elements must be proven by clear and convincing evidence.” (citations omitted)”

   1 later decision quote this exact passage
   e.g. Himmelreich v. Adams Abstract Associates

3. “A person who takes part in the procurement, initiation or continuation of civil proceedings against another has probable cause for doing so if [s]he reasonably believes in the existence of the facts upon which the claim is based, and ... believes to this effect in reliance upon the advice of counsel, sought in good faith and given after full disclosure of all relevant facts within [her] knowledge and information[.]”

   1 later decision quote this exact passage
   e.g. Brown, J. v. Halpern, M.