455 Pa. Super. 437 - Miscovich v. Miscovich’s Empirical Analysis
1997
Citation profile
18
cited by 18 later decisions
4
states following
March 2006
most recently cited
16 state decisions
Relationships
Relies on Granito v. United States · Office of Disciplinary Counsel v. Jones · John M. v. Paula T. · Phelps v. O'Donnell · Jones v. Trojak
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Our society has embarked upon ah era in which the usefulness of the presumption of legitimacy as a legal tool must be questioned[;] ... our courts must make necessary adjustments in the law ... revisit the policies underlying the presumption, and insure that the equilibrium has not been shifted to a point of inequity. In keeping with this principle, it is suggested that the protection of the traditional family unit need not be dictated by the presumption. We need not blindly apply it, nor cling to timeworn principles to support the Commonwealth’s goal of protecting the family. A careful analysis of each factual scenario, in particular the relationship between the presumptive or putative father and child, ... as well as the “known factor” of a putative father against whom a support claim may be made, is necessary to .fair and just application of paternity law.”
1 later decision quote this exact passagee.g. Martin v. Martin“was operating under the misrepresentation that an `unknown' man had fathered the child.”
1 later decision quote this exact passagee.g. Jc v. Js
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.