2003 Pa. Super. 418 - DeFazio v. Gregory’s Empirical Analysis

Citation profile

5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When reviewing the dismissal of a complaint based upon preliminary objections in the nature of a demurrer, we treat as true all well-pleaded material, factual averments and all inferences fairly deducible therefrom. Where the preliminary objections will result in the dismissal of the action, the objections may be sustained only in cases that are clear and free from doubt. To be clear and free from doubt that dismissal is appropriate, it must appear with certainty that the law would not permit recovery by the plaintiff upon the facts averred. Any doubt should be resolved by a refusal to sustain the objections. Moreover, we review the trial court's decision for an abuse of discretion or an error of law.”

   2 later decisions quote this exact passage
   e.g. 2005 Pa. Super. 319 - Hospodar v. Schick · 2004 Pa. Super. 151 - Goodman v. PPG Industries, Inc.

2. “A.[Whether] [t]he trial court committed an error of law in holding [that the] time period during which a party may rescind a consent order of court under 42 Pa.C.S.A. § 5505 cannot begin to run until the order of court is stamped by the protho-notary, regardless of both parties’ actual notice of said order prior to thirty days before a party’s filing of a petition to rescind said order of court[?] B. [Whether] [t]he trial court erred in holding that “the consent order of [the trial court] dated April 11, 2005[was] of no legal effect [?]” C. [Whether] [t]he trial court erred in failing to grant Appellant’s preliminary objections in the nature of a demurrer to Appellee’s petition to rescind order dated April 11, 2005 where Appellee’s petition failed to state a claim upon which relief may be grantedf?]”

   1 later decision quote this exact passage
   e.g. 2007 Pa. Super. 168 - Halpern v. Halpern

3. “(a) Where goods or services having a sale price of twenty-five dollars ($25) or more are sold or contracted to be sold to a buyer, as a result of, or in connection with, a contact with or call on the buyer or resident at his residence either in person or by telephone, that consumer may avoid the contract or sale by notifying, in writing, the seller within three full business days following the day on which the contract or sale was made and by returning or holding available for return to the seller, in its original condition, any merchandise received under the contract or sale. Such notice of rescission shall be effective upon depositing the same in the United States mail or upon other service which gives the seller notice of rescission.”

   1 later decision quote this exact passage
   e.g. Anadarko Petroleum Corp. v. Comwlth. of PA