Legal Opinion
Insurance Federation of Pennsylvania, Inc. v. Supreme Court
District Court, E.D. Pennsylvania
Decided April 17, 1980No. Civ. A. 79-3925PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
NEWCOMER, District Judge.
This is a suit by twelve named institutional plaintiffs against the Supreme Court of Pennsylvania and its member Justices, challenging the constitutionality of Pennsylvania Rule of Civil Procedure 238 under the Fourteenth Amendment to the United States Constitution. Jurisdiction of this Court is based on 28 U.S.C. §§ 1331 and 1343. Rule 238 provides that “damages for delay” shall be added to any judgment recovered in an action for personal injury, death or property damage in the Pennsylvania courts, in the amount of ten percent of the underlying…
2Cases cited9 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Huffman v. Pursue, Ltd.Supreme Court of the United States · 1975
- Juidice v. VailSupreme Court of the United States · 1977
- Second Employers'liability CasesSupreme Court of the United States · 1912
- King Manufacturing Co. v. City Council of AugustaSupreme Court of the United States · 1928
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3Cited by2 opinions
- Insurance Federation of Pennsylvania, Inc. v. Supreme Court of PennsylvaniaCourt of Appeals for the Third Circuit · 1982
- Insurance Federation Of Pennsylvania v. Supreme Court Of PennsylvaniaCourt of Appeals for the Third Circuit · 1982