407 Pa. Super. 43 - Brangs v. Brangs’s Empirical Analysis

Citation profile

25 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The presumption against retroactive application of statutes and amendments thereto is particularly strong when application of the statute would interfere with existing contractual obligations. "Where the application of a statute would make a substantive change in the rights and obligations of the parties, it is presumed that the legislature intended its provisions to have no application to contracts existing prior to the effective date of the law." Rudolph Rosa, Inc. v. Latrobe Brewing Co., 347 Pa.Super. [551] at 562, 500 A.2d [1194] at 1200 [ (1985) ]. See also Rupert v. Policemen's R. & P. Fund, 387 Pa. 627, 632 , 129 A.2d 487, 489 (1957); Krenzelak v. Krenzelak, 503 Pa. [373] at 379-380, 469 A.2d [987] at 990 [ (1983) ], citing Commonwealth v. Greenawalt, 347 Pa. 510, 512 , 32 A.2d 757, 758 (1943). In contrast to statutes which affect substantive rights, such as existing contractual obligations, statutes which aptly can be characterized as remedial, curative or affecting procedural matters may operate retroactively. Thus, it is a basic precept of statutory construction that laws which create remedies, affect procedural avenues, or clarify existing rights, all may escape the presumption against retrospective application of legislation. See, e.g., Smith v. Fenner, 399 Pa. 633, 641 , 161 A.2d 150, 154 (1960).”

   2 later decisions quote this exact passage
   e.g. 440 Pa. Super. 75 - Sorace v. Sorace · 1999 Pa. Super. 208 - Humphreys v. DeRoss

2. “Whenever a section or part of a statute is amended, the amendment shall be construed as merging into the original statute, become a part thereof, and replace the part amended, and the remainder of the original statute and the amendment shall be read together and viewed as one statute passed at one time; but the portions of the statute which were not altered by the amendment shall be construed as effective from the time of their original enactment, and the new provisions shall be construed as effective only from the date when the amendment became effective .”

   1 later decision quote this exact passage · from the dissent
   e.g. Johnson v. Phelan Hallinan & Schmieg, LLP

3. “The impact of section 401.1(b) [now Section 3105], if applied to the instant private agreement, would be to allow modification of a contractual obligation heretofore unmodifiable under previous law. While the line between ‘procedural’ and ‘substantive’ enactments may occasionally be difficult to fix, we can think of no clearer example of substantive change than empowering the court to remake the terms of an enforceable contract where no such power existed until the amendment was enacted.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Nicholson v. Combs