370 Pa. Super. 497 - Clay v. Advanced Computer Applications, Inc.’s Empirical Analysis

Citation profile

2 federal appellate · 5 district · 57 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Subsection (b) of this provision plainly affords the aggrieved party an election of remedies. The party can opt either to pursue relief under the Human Relations Act or to pursue whatever avenues are available, including ‘civil’ actions. See Fye v. Central Transportation Inc., 487 Pa. 137 , 409 A.2d 2 (1979); Daly v. School District of Darby Twp., 434 Pa. 286 , 252 A.2d 638 (1969). Once the party elects his or. her remedy, the chosen path becomes exclusive. See Fye, supra. The General Assembly did not intend to bar judicial remedies for discrimination in the workplace. It sought rather to address ‘the undesirability of allowing the person aggrieved to commence several different actions for relief.’ Fye, supra, 487 Pa. at 140 , 409 A.2d at 4 . (footnote omitted) Section 962 therefore prevented the Clays from pursuing both an administrative and a judicial remedy in the present case. It did not, however foreclose their right to choose at the outset between the courts or the Human Relátíons Commission. “Morever, subsection (c) which the General Assembly added to section 962-in 1974, expands the rights afforded by subsection (b). It allows the alleged victim of discrimination to seek judicial relief even though he or she has elected to invoke his or her administrative remedies. If the aggrieved party has not obtained relief from the Human Relations Commission within one year, he or she can then pursue an. action, ‘in the courts of the commonwealth.’ See Baker v. Human Relations C”

   1 later decision quote this exact passage
   e.g. Strayer v. Petry

2. “This court, however, has repeatedly refused to recognize contractual modification of the at-will rule absent a clear expression of the parties’ intent____ The need for clarity is not unique to the at-will employment cases. A party who wishes to enforce a contract must plead every element of that contract specifically, and clarity is particularly important when the alleged contract is oral____ We cannot give legal significance to vague promises or to statements that reflect only the aspirations or hopes of the employer, whether written or spoken. The ordinary language of friendship and collegiality should not usually bind the speaker or writer as an enforceable obligation.”

   1 later decision quote this exact passage
   e.g. 372 Pa. Super. 420 - DiBonaventura v. Consolidated Rail Corp.

3. “Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, “Outrageous!””

   1 later decision quote this exact passage
   e.g. Godfrey v. Perkin-Elmer Corp.