In Re Rodriguez

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that courts “must assume that the General Assembly understands the legal landscape upon which it toils” and thus when the legislature does not “abrogate the common-law rule, [the Act] must be understood to have retained it.”
• courts must assume legislature understands legal landscape on which it enacts laws, and when common law rule is not abrogated, they must assume it persists
• courts must assume legislature understands legal landscape on which it enacts laws, and when common law rule is not abrogated, they must assume it persists
• “In order to abrogate a common-law principle, the statute must ‘speak directly’ to the question addressed by common law.”
• “Under [the Statutory Construction] Act an implication alone cannot be interpreted as abrogating existing law. The legislature must affirmatively repeal existing law or specifically preempt accepted common law for prior law to be disregarded.”
• “Under [the Statutory Construction] Act an implication alone cannot be interpreted as abrogating existing law. The legislature must affirmatively repeal existing law or specifically preempt accepted common law for prior law to be disregarded.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

15 cases in this archive cite this case.

• Dittman, B., Aplt. v. UPMC
  Supreme Court of Pennsylvania· 2018-11-21· cited 99×
• Excavation Technologies, Inc. v. Columbia Gas Co.
  Supreme Court of Pennsylvania· 2009-12-29· cited 73×
• Excavation Technologies, Inc. v. Columbia Gas Co. of Pennsylvania
  Superior Court of Pennsylvania· 2007-11-07· cited 28×
• Scungio Borst v. 410 Shurs Lane Developers, LLC
  Superior Court of Pennsylvania· 2014-11-20· cited 17×
• Allstate Prop & Casualty Ins Co, Aplt v. Wolfe, J.
  Supreme Court of Pennsylvania· 2014-12-15· cited 10×
• Norfolk Southern Railway Co. v. Public Utility Commission
  Supreme Court of Pennsylvania· 2013-10-02· cited 9×
• Commonwealth v. Martz
  Superior Court of Pennsylvania· 2015-06-24· cited 6×
• Howe v. Creditors Interchange Receivable Management, LLC (In Re Howe)
  E.D. Pennsylvania· 2009-07-02
• City of Philadelphia v. P. Righter City of Philadelphia v. Righter Parking, Inc. a/k/a Righter Parking Company and R.R. Righter and A.L. D'Angelo ~ Appeal of: A.L. D'Angelo
  Commonwealth Court of Pennsylvania· 2017-11-30
• Roverano, W., Aplts. v. John Crane
  Supreme Court of Pennsylvania· 2020-02-19
• Roverano, W., Aplt. v. John Crane, Inc.
  Supreme Court of Pennsylvania· 2020-02-19
• Propel Charter Schools v. PA Dept. of Education, State Charter School Appeal Board Pittsburgh Public Schools
  Commonwealth Court of Pennsylvania· 2020-11-20
• Propel Charter Schools v. PA Dept. of Education and State Charter School Appeal Board
  Commonwealth Court of Pennsylvania· 2020-11-20
• McLaughlin v. Nahata, M.D. Apl of: Dialysis Clinic
  Supreme Court of Pennsylvania· 2023-07-28
• The Com. of PA v. The A.G. of the Com. of PA
  Commonwealth Court of Pennsylvania· 2024-01-26

Cites

9 cases in this archive are cited by this case.

• Mobil Oil Corp. v. Higginbotham
  Supreme Court· 1978-10-02· cited 509×
• United States v. Texas
  Supreme Court· 1993-04-05· cited 368×
• Wheaton and Donaldson v. Peters and Grigg
  Supreme Court· 1834-03-19· cited 205×
• Commonwealth v. Nester
  Supreme Court of Pennsylvania· 1998-03-25· cited 199×
• Rahn v. Hess
  Supreme Court of Pennsylvania· 1954-06-28· cited 71×
• Yudacufski v. Commonwealth, Department of Transportation
  Supreme Court of Pennsylvania· 1982-12-14· cited 54×
• Annenberg v. Commonwealth
  Supreme Court of Pennsylvania· 2000-06-01· cited 50×
• Metropolitan Property & Liability Insurance v. Insurance Commissioner
  Supreme Court of Pennsylvania· 1990-09-24· cited 39×
• In re Appointment of Rodriguez
  Commonwealth Court of Pennsylvania· 2002-01-07· cited 1×