Legal Opinion
Smith v. Wagner
Superior Court of Pennsylvania
Decided April 5, 1991No. 201 Pittsburgh, 1990PublishedCited by 51 opinions
1Opinion of the Court
WIEAND, Judge:
In this civil action in which plaintiff alleged that he had been defamed as a result of a conspiracy to undermine his career in government, the trial court sustained preliminary objections in the nature of a demurrer to an amended complaint. After careful review of the averments of the amended complaint, we are constrained to reverse.
Pa.R.C.P. 1019(a) directs that a complaint shall state, “[t]he material facts on which a cause of action ... is based ... in a concise and summary form.” The rule
requires fact pleading. 2A Anderson, Pennsylvania Civil Practice § 1019.1 (1969). “The…
2Cases cited29 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- PAPIEVES Et Ux. v. KellySupreme Court of Pennsylvania · 1970
- Corabi v. Curtis Publishing Co.Supreme Court of Pennsylvania · 1971
24 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Strickland v. University of ScrantonSuperior Court of Pennsylvania · 1997
- Yacoub v. Lehigh Valley Medical Associates, P.C.Superior Court of Pennsylvania · 2002
- In Re Philadelphia Newspapers, LLCCourt of Appeals for the Third Circuit · 2012
- Mzamane v. WinfreyDistrict Court, E.D. Pennsylvania · 2010
- Elia v. Erie Insurance ExchangeSuperior Court of Pennsylvania · 1993
46 more not listed; retrieve them via the Exa API.