absence of a statutory requirement (Pennsylvania) · Go Syfert
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absence of a statutory requirement in Pennsylvania

14 Pennsylvania opinions name it 7 courts 1957–2020 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Hiller v. Allstate Insurancegreen
pasuperct · 1982 · cited in 4 Pennsylvania opinions naming this issue, 1989–1997
2 sentences

1997See also Hiller v. Allstate Insurance Co., 300 Pa.Super. 149, n. 1 , 446 A.2d 273 , 274 n. 1 (1982) (statute that requires uninsured motorist coverage does not require arbitration, and court has held that in the absence of a statutory requirement, arbitration may not be required by regulation, such as 31 Pa.Code § 63.2), citing Ellison v. Safeguard Mutual Insurance Co., 209 Pa.Super. 492 , 229 A.2d 482 (1967).

1997See also Hiller v. Allstate Insurance Co., 300 Pa.Super. 149, n. 1 , 446 A.2d 273 , 274 n. 1 (1982) (statute that requires uninsured motorist coverage does not require arbitration, and court has held that in the absence of a statutory requirement, arbitration may not be required by regulation, such as 31 Pa.Code § 63.2), citing Ellison v. Safeguard Mutual Insurance Co., 209 Pa.Super. 492 , 229 A.2d 482 (1967).

44
Ellison v. Safeguard Mutual Insurancegreen
pasuperct · 1967 · cited in 3 Pennsylvania opinions naming this issue, 1989–1997
2 sentences

1997See also Hiller v. Allstate Insurance Co., 300 Pa.Super. 149, n. 1 , 446 A.2d 273 , 274 n. 1 (1982) (statute that requires uninsured motorist coverage does not require arbitration, and court has held that in the absence of a statutory requirement, arbitration may not be required by regulation, such as 31 Pa.Code § 63.2), citing Ellison v. Safeguard Mutual Insurance Co., 209 Pa.Super. 492 , 229 A.2d 482 (1967).

1997See also Hiller v. Allstate Insurance Co., 300 Pa.Super. 149, n. 1 , 446 A.2d 273 , 274 n. 1 (1982) (statute that requires uninsured motorist coverage does not require arbitration, and court has held that in the absence of a statutory requirement, arbitration may not be required by regulation, such as 31 Pa.Code § 63.2), citing Ellison v. Safeguard Mutual Insurance Co., 209 Pa.Super. 492 , 229 A.2d 482 (1967).

13
American Totalisator Co., Inc. v. Seligmangreen
pa · 1980 · cited in 2 Pennsylvania opinions naming this issue, 1993–2000
2 sentences

1993Janitorial services do not fall into this category; rather, no matter how routine or mundane, they are properly considered part of the Convention Center’s operation. 7 *551 Relying on City of Philadelphia v. Department of Environmental Resources, 133 Pa.Commonwealth Ct. 565, 577 A.2d 225 (1990) and American Totalisator Co. v. Seligman, 27 Pa.Commonwealth Ct. 639, 367 A.2d 756 (1976), aff'd, 489 Pa. 568 , 414 A.2d 1037 (1980), Petitioners also contend that even in the absence of a statutory requirement, a contract is required to be awarded to the lowest responsible bidder when, as here, the pub

1993Janitorial services do not fall into this category; rather, no matter how routine or mundane, they are properly considered part of the Convention Center’s operation. 7 *551 Relying on City of Philadelphia v. Department of Environmental Resources, 133 Pa.Commonwealth Ct. 565, 577 A.2d 225 (1990) and American Totalisator Co. v. Seligman, 27 Pa.Commonwealth Ct. 639, 367 A.2d 756 (1976), aff'd, 489 Pa. 568 , 414 A.2d 1037 (1980), Petitioners also contend that even in the absence of a statutory requirement, a contract is required to be awarded to the lowest responsible bidder when, as here, the pub

12
American Totalisator Co. v. Seligmangreen
pacommwct · 1976 · cited in 2 Pennsylvania opinions naming this issue, 1990–1993
2 sentences

1993Janitorial services do not fall into this category; rather, no matter how routine or mundane, they are properly considered part of the Convention Center’s operation. 7 *551 Relying on City of Philadelphia v. Department of Environmental Resources, 133 Pa.Commonwealth Ct. 565, 577 A.2d 225 (1990) and American Totalisator Co. v. Seligman, 27 Pa.Commonwealth Ct. 639, 367 A.2d 756 (1976), aff'd, 489 Pa. 568 , 414 A.2d 1037 (1980), Petitioners also contend that even in the absence of a statutory requirement, a contract is required to be awarded to the lowest responsible bidder when, as here, the pub

1990American Totalisator Company, Inc. v. Seligman, 27 Pa.Commonwealth Ct. 639, 367 A.2d 756 (1976).

12
Commonwealth v. Hartgreen
pasuperct · 2018 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Commonwealth v. Hart, 199 A.3d 475, 481 (Pa. Super. 2018). -2- J-S04044-20 It is well-settled that in reviewing the denial of a PCRA petition, our review is limited to examining whether the PCRA court’s findings are supported by the record and free of legal error.

11
McFarley v. American Independent Insurancegreen
pasuperct · 1995 · cited in 1 Pennsylvania opinions naming this issue, 1997–1997
2 sentences

1997See McFarley v. American Independent Insurance Co., 444 Pa.Super. 191, 192-95 , 663 A.2d 738, 739-40 (1995) (holding that arbitration is a matter of contract, and absent an agreement between the parties to arbitrate a particular issue, the parties cannot be compelled to arbitrate that issue; further holding that in the absence of a statutory requirement, arbitration may not be required by regulation, and citing specifically 31 Pa.Code 63.2(8)).

1997See McFarley v. American Independent Insurance Co., 444 Pa.Super. 191, 192-95 , 663 A.2d 738, 739-40 (1995) (holding that arbitration is a matter of contract, and absent an agreement between the parties to arbitrate a particular issue, the parties cannot be compelled to arbitrate that issue; further holding that in the absence of a statutory requirement, arbitration may not be required by regulation, and citing specifically 31 Pa.Code 63.2(8)).

11
Clark v. Public Parking Authoritygreen
pa · 1953 · cited in 1 Pennsylvania opinions naming this issue, 1963–1963
1 sentence

1963See Clark v. Public Parking Authority of Pittsburgh, 372 Pa. 481 ; Wright v. Wagner, 405 Pa. 546 .

11
Kerrison v. Stewartgreen
· 1876 · cited in 1 Pennsylvania opinions naming this issue, 1957–1957
1 sentence

1957Kenna Estate, 348 Pa. 214 , 34 A. 2d 617 (1943); Kenyon v. Davis, 219 Pa. 585 , 69 Atl. 62 (1908); Kerrison v. Stewart, 93 U. S. 155, 160 (1876).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
JOHNSON BY JOHNSON v. Travelers green
pa · 1985
2 sentences

2010The court further cited to its early decision in Johnson by Johnson v. Travelers, 502 A.2d 206 (Pa. Super. 1985), which held: The extent of coverage is determined by the [no-fault act] and while the statute may infer a policy of insurance... where it is silent as to the procedure for recovery, this may not be inferred in derogation of constitutional rights.

1995Johnson by Johnson v. Travelers, 348 Pa.Super. 278 , 502 A.2d 206 (1985); Hiller v. Allstate, 300 Pa.Super. 149 n. 1 , 446 A.2d 273 n. 1 (1982); Ellison v. Safeguard Mutual Ins.

21995–2010
Channell v. Citicorp National Services green
ca7 · 1996
1 sentence

2005(See e.g., Channell v. Citicorp, 89 F.3d 379 (9th Cir. 1996).) Nothing in the record suggests any fatal conflict of interest in plaintiffs maintaining this action.

12005–2005
Statewide Building Maintenance, Inc. v. Pennsylvania Convention Center Authority green
pacommwct · 1993
2 sentences

2000See American Totalisator Co., Inc. v. Seligman, 489 Pa. 568 , 414 A.2d 1037 (1980); Statewide Building Maintenance, Inc. v. Pennsylvania Convention Center Authority, 160 Pa.Cmwlth. 544 , 635 A.2d 691 (1993).

2000See American Totalisator Co., Inc. v. Seligman, 489 Pa. 568 , 414 A.2d 1037 (1980); Statewide Building Maintenance, Inc. v. Pennsylvania Convention Center Authority, 160 Pa.Cmwlth. 544 , 635 A.2d 691 (1993).

12000–2000
Kolojeski v. John Deisher, Inc. green
pa · 1968
2 sentences

1994I join the opinion of my colleague Judge Popovich and write separately merely to emphasize that the trial court correctly recognized that this case is governed by Kolojeski v. Deisher, Inc., 429 Pa. 191 , 239 A.2d 329 (1968), wherein the Pennsylvania Supreme Court refused to impose an affirmative duty upon a landlord to inspect rental property for lead based paint contamination in the absence of a statutory requirement to do so.

1994I join the opinion of my colleague Judge Popovich and write separately merely to emphasize that the trial court correctly recognized that this case is governed by Kolojeski v. Deisher, Inc., 429 Pa. 191 , 239 A.2d 329 (1968), wherein the Pennsylvania Supreme Court refused to impose an affirmative duty upon a landlord to inspect rental property for lead based paint contamination in the absence of a statutory requirement to do so.

11994–1994
City of Philadelphia v. Commonwealth neutral
pacommwct · 1990
1 sentence

1993Janitorial services do not fall into this category; rather, no matter how routine or mundane, they are properly considered part of the Convention Center’s operation. 7 *551 Relying on City of Philadelphia v. Department of Environmental Resources, 133 Pa.Commonwealth Ct. 565, 577 A.2d 225 (1990) and American Totalisator Co. v. Seligman, 27 Pa.Commonwealth Ct. 639, 367 A.2d 756 (1976), aff'd, 489 Pa. 568 , 414 A.2d 1037 (1980), Petitioners also contend that even in the absence of a statutory requirement, a contract is required to be awarded to the lowest responsible bidder when, as here, the pub

11993–1993
Wright v. WAGNER green
pa · 1961
1 sentence

1963See Clark v. Public Parking Authority of Pittsburgh, 372 Pa. 481 ; Wright v. Wagner, 405 Pa. 546 .

11963–1963
Fotterall v. Armour green
pa · 1907
2 sentences

1957The lease between the parties can provide for notice by the tenant in the event of termination, as was done in Fotterall v. Armour, 218 Pa. 73 , 66 A. 1001 (1907) cited by the appellee, but, in the absence of a contractual provision, and in the absence of a statutory requirement, the tenant is not required to give such notice im Pennsylvania.

1957The lease between the parties can provide for notice by the tenant in the event of termination, as was done in Fotterall v. Armour, 218 Pa. 73 , 66 A. 1001 (1907) cited by the appellee, but, in the absence of a contractual provision, and in the absence of a statutory requirement, the tenant is not required to give such notice im Pennsylvania.

11957–1957
Kenyon v. Davis neutral
pa · 1908
2 sentences

1957Kenna Estate, 348 Pa. 214 , 34 A. 2d 617 (1943); Kenyon v. Davis, 219 Pa. 585 , 69 Atl. 62 (1908); Kerrison v. Stewart, 93 U. S. 155, 160 (1876).

1957Kenna Estate, 348 Pa. 214 , 34 A. 2d 617 (1943); Kenyon v. Davis, 219 Pa. 585 , 69 Atl. 62 (1908); Kerrison v. Stewart, 93 U. S. 155, 160 (1876).

11957–1957
Simpson's Estate green
pa · 1916
1 sentence

1957Unless the court has the parties before it, by appearance or service of process, it is obvious that it cannot bind them by its adjudications.’ Under such circumstances, the decree of the court is void and is subject to collateral attack: Simpson’s Est., 253 Pa. 217 ; Clark’s Est., 275 Pa. 506, 509 .” Komara’s Estates, 311 Pa. 135, 140 , 166 Atl. 577 (1933). *109 All the beneficial interests in a trust may be vicariously present in, and represented by, the named trustee, and for this reason, in the absence of a statutory requirement, 1 there may be no necessity for the appointment of independen

11957–1957
Clark Estate green
pa · 1923
1 sentence

1957Unless the court has the parties before it, by appearance or service of process, it is obvious that it cannot bind them by its adjudications.’ Under such circumstances, the decree of the court is void and is subject to collateral attack: Simpson’s Est., 253 Pa. 217 ; Clark’s Est., 275 Pa. 506, 509 .” Komara’s Estates, 311 Pa. 135, 140 , 166 Atl. 577 (1933). *109 All the beneficial interests in a trust may be vicariously present in, and represented by, the named trustee, and for this reason, in the absence of a statutory requirement, 1 there may be no necessity for the appointment of independen

11957–1957
Kenna Estate green
pa · 1943
2 sentences

1957Kenna Estate, 348 Pa. 214 , 34 A. 2d 617 (1943); Kenyon v. Davis, 219 Pa. 585 , 69 Atl. 62 (1908); Kerrison v. Stewart, 93 U. S. 155, 160 (1876).

1957Kenna Estate, 348 Pa. 214 , 34 A. 2d 617 (1943); Kenyon v. Davis, 219 Pa. 585 , 69 Atl. 62 (1908); Kerrison v. Stewart, 93 U. S. 155, 160 (1876).

11957–1957
Komara's Estates green
pa · 1933
2 sentences

1957Unless the court has the parties before it, by appearance or service of process, it is obvious that it cannot bind them by its adjudications.’ Under such circumstances, the decree of the court is void and is subject to collateral attack: Simpson’s Est., 253 Pa. 217 ; Clark’s Est., 275 Pa. 506, 509 .” Komara’s Estates, 311 Pa. 135, 140 , 166 Atl. 577 (1933). *109 All the beneficial interests in a trust may be vicariously present in, and represented by, the named trustee, and for this reason, in the absence of a statutory requirement, 1 there may be no necessity for the appointment of independen

1957Unless the court has the parties before it, by appearance or service of process, it is obvious that it cannot bind them by its adjudications.’ Under such circumstances, the decree of the court is void and is subject to collateral attack: Simpson’s Est., 253 Pa. 217 ; Clark’s Est., 275 Pa. 506, 509 .” Komara’s Estates, 311 Pa. 135, 140 , 166 Atl. 577 (1933). *109 All the beneficial interests in a trust may be vicariously present in, and represented by, the named trustee, and for this reason, in the absence of a statutory requirement, 1 there may be no necessity for the appointment of independen

11957–1957

Where else courts name it

TX 27 (1936–2025) CA 26 (1941–2023) NY 24 (1907–2025) CT 16 (1942–2026) PA 14 (1957–2020) IL 9 (1888–2017) MA 9 (1982–2009) NC 9 (1967–2005) NJ 8 (1950–2014) MD 8 (1962–2002) OR 8 (1954–2017) OH 7 (1921–2006) ND 7 (1986–2016) FL 5 (1931–2013) MN 5 (1921–2025) ME 5 (1934–2014) VA 5 (1968–2024) NM 5 (1981–2012) AL 5 (1982–2016) OK 5 (1926–1957) MI 5 (1955–2009) WV 4 (1980–1992) MO 4 (1906–1998) CO 4 (1975–2013) GA 3 (1936–1999) IA 3 (1982–2014) IN 3 (1962–2015) WY 3 (1999–2007) AZ 3 (1914–1991) KY 3 (1941–2024) MS 3 (1951–1983) NE 3 (1901–1910) MT 2 (1997–2019) AR 2 (2008–2010) DC 2 (1960–1999) UT 2 (2013–2016) WA 2 (1919–1985) KS 2 (1899–1913) NH 2 (1988–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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