Bannar v. Miller’s Empirical Analysis
1997
Citation profile
16 state decisions
How this case has been cited
Cited by 26 later decisions — most recently March 2019 · most notably 2002 Pa. Super. 334 - Gorski v. Smith (2002), 2001 Pa. Super. 221 - Hart v. O'MALLEY (2001)
16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on City of Hazleton v. City Council · Rizzo v. Haines · Commonwealth v. Dennis · 326 Pa. Super. 14 - Daset Mining Corp. v. Industrial Fuels Corp. · Spring Garden Civic Ass'n v. Zoning Hearing Board of Adjustment of the City of Philadelphia
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Elements of action.-- A person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to the other for wrongful use of civil proceedings: (1) he acts in a grossly negligent manner or without probable cause and primarily for a purpose other than that of securing the proper discovery, joinder of parties or adjudication of the claim in which the proceedings are based; and (2) the proceedings have terminated in favor of the person against whom they are brought.”
2 later decisions quote this exact passage“(1) Reasonably believes that under those facts the claim may be valid under the existing or developing law; (2) Believes to this effect in reliance upon the advice of counsel, sought in good faith and given after full disclosure of all relevant facts within his knowledge and information; or (3) Believes as an attorney of record, in good faith that his procurement, initiation or continuation of a civil cause is not intended to merely harass or maliciously injure the opposite party.”
2 later decisions quote this exact passage“When examining jury instructions, our scope of review is to determine whether the trial court committed a clear abuse of discretion or an error of law controlling the outcome of the case. Williams v. Philadelphia Transp. Co., 415 Pa. 370, 374 , 203 A.2d 665, 668 (1964). “Error in a charge is sufficient ground for a new trial, if the charge as a whole is inadequate or not clear or has a tendency to mislead or confuse rather than clarify a material issue.” Stewart v. Motts, 539 Pa. 596, 606 , 654 A.2d 535, 540 (1995) (quoting Glider v. Com. Dept. of Hwys., 435 Pa. 140, 151-52 , 255 A.2d 542, 547 (1969)). A charge will be found adequate unless “the issues are not made clear to the jury or the jury was palpably misled by what the trial judge said or unless there is an omission in the charge which amounts to fundamental error.” Id. (quoting Voitasefski v. Pittsburgh Rys. Co., 363 Pa. 220, 226 , 69 A.2d 370, 373 (1949)). When reviewing a charge to the jury, we will not take the challenged words or passage out of context of the whole of the charge, but must look to the charge in its entirety. McCay v. Philadelphia Elec. Co., 447 Pa. 490, 499 , 291 A.2d 759, 763 (1972).”
1 later decision quote this exact passage
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.