2002 Pa. Super. 35 - Buchleitner v. Perer’s Empirical Analysis
2002
Citation profile
5 state decisions
Relationships
Relies on 2000 Pa. Super. 161 - Miller v. Sacred Heart Hospital · In re M.L. · Kilgore v. City of Philadelphia · 2001 Pa. Super. 253 - Cardenas v. Schober · McCarthy v. Dan Lepore & Sons Co., Inc.
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] person who takes part in the procurement, initiation or continuation of civil proceedings against another has probable cause for doing so if he reasonably believes in the existence of the facts upon which the claim is based, and either: (1) reasonably believes that under those facts the claim may be valid under the existing or developing law; (2) 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 his knowledge and information; or (3) believes as an attorney of record, in good faith that his procurement, initiation or continuation of a civil cause is not intended to merely harass or maliciously injure the opposite party.”
2 later decisions quote this exact passage“[Husband] fails to plead that the primary purpose for the proceedings was not that of securing adjudication of the claim on which the proceedings were based, or facts to support that [Appellees] did not have probable cause for continuing said proceedings. Although [Husband] avers broadly that [Appellees] had no probable cause for appealing the settlement agreement, [Husband's] pleading is a conclusory statement. Facts to support a lack of probable cause must be pleaded. In his Third Amended Complaint, [Husband] does not allege any facts to support his conclusory allegations that probable cause to appeal the settlement agreement did not exist at the time when [Appellees] filed their appeal.”
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.