Steiner v. Markel’s Empirical Analysis

Citation profile

52 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As justification for searching the complaint to find a viable cause of action, the Superior Court relied upon Rules of Civil Procedure 1019 and 126. Rule 1019(a) provides that “the material facts on which a cause of action or defense is based shall be stated in a concise and summary form.” Pa.R.C.P. 1019(a). We have construed this rule to mean that the complaint must not-only apprise the defendant of the claim being asserted, but it must also summarize the essential facts to support the claim. See Landau v. Western PA. Nat’l Bank, 445 Pa. 217 , 228, 282 A.2d 335 , 341 (1971) (noting that the purpose of Rule 1019(a) is to require the plaintiff to disclose sufficient facts to enable the adverse party to prepare his case). Pursuant to Rule 126, the rules are to be liberally interpreted. Pa.R.C.P. 126. Rules 1019(a) and 126 do not support the Superior Court’s action. The clients here simply did not plead facts sufficient to apprise the attorneys that the clients intended to allege a cause of action grounded in contract. Although the clients generally argued that the complaint was valid and contained a timely claim, the clients never said, argued or wrote that their complaint contained a breach of contract claim. Instead, the clients asked the appellate courts to scour the complaint for any and all causes of action. Pennsylvania law does not support such an obligation, which would create a moving target for the courts and litigants. If the clients themselves do not know what their”

   1 later decision quote this exact passage
   e.g. Citibank v. Hull

2. “Under fact pleading, the complaint must not only apprise the defendant of the asserted claim, but must also synopsize the essential facts to support the claim.”). . The allegations in the Statement of Mechanics' Lien filed by the Laborers Combined Funds of Western Pennsylvania are illustrative. That documents states, in relevant part: 4. The Contractor ... and the [Union] entered into a collective bargaining agreement (”

   1 later decision quote this exact passage
   e.g. Bricklayers of Western Pennsylvania Combined Funds, Inc. v. Scott's Development Co.

3. “an appellate court cannot reverse a trial court judgment on a basis that was not properly raised and preserved by the parties.”

   1 later decision quote this exact passage
   e.g. Berry, J. v. Berry, C.