judgment n.o.v standard in Pennsylvania

2010Moreover, our Supreme Court has held that the judgment n.o.v./error of law concept set forth in Section 7301(d)(2) is the same as the “essence test.” In Community College of Beaver County, 473 Pa. at 589-90 , 375 A.2d at 1273 , it held that the judgment n.o.v./error of law standard and the essence test are essentially the same, stating that “the ‘n.o.v.’ concept ... is hardly a radical change, nor does it dictate that a much closer or different scrutiny of an arbitration award will be available than under the [essence test].” While that case was decided under the Arbitration Act of 1927, which

2010Moreover, our Supreme Court has held that the judgment n.o.v./error of law concept set forth in Section 7301(d)(2) is the same as the “essence test.” In Community College of Beaver County, 473 Pa. at 589-90 , 375 A.2d at 1273 , it held that the judgment n.o.v./error of law standard and the essence test are essentially the same, stating that “the ‘n.o.v.’ concept ... is hardly a radical change, nor does it dictate that a much closer or different scrutiny of an arbitration award will be available than under the [essence test].” While that case was decided under the Arbitration Act of 1927, which

1997See also Community College of Beaver County v. Community College of Beaver County, Society of the Faculty (PSEA/NEA), 473 Pa. 576 , 375 A.2d 1267 (1977), in which the Supreme Court adopted the "essence test” from federal decisional law, first announced by the United States Supreme Court in United Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593 , 80 S.Ct. 1358 , 4 L.Ed.2d 1424 (1960), and held that the judgment n.o.v. standard from the U.A.A. is "quite consistent” with the essence test. .

1997See also Community College of Beaver County v. Community College of Beaver County, Society of the Faculty (PSEA/NEA), 473 Pa. 576 , 375 A.2d 1267 (1977), in which the Supreme Court adopted the "essence test” from federal decisional law, first announced by the United States Supreme Court in United Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593 , 80 S.Ct. 1358 , 4 L.Ed.2d 1424 (1960), and held that the judgment n.o.v. standard from the U.A.A. is "quite consistent” with the essence test. .

2002Appellant’s Brief at 41 (“The record in this action demonstrates that defendant is entitled to a judgment N.O.V., and at the very least, to a new trial.”) Dunlap, 448 A.2d at 8, n. 2 . ¶ 25 In the present case, we have already addressed West’s sufficiency claim above under the standard of review for appeals from the denial of motions for judgment N.O.V.

1999See also, County of Centre v. Musser, 519 Pa. 380, 392-93 , 548 A.2d 1194, 1200 (1988)(Arbitration Act of 1927 provisions relative to judicial review of arbitral awards retained in Uniform Arbitration Act, thus, it is clear that the “essence” test remains the standard of judicial review for arbitration awards which, are subject to section 7302(d)(2) of the Uniform Arbitration Act); Austin Area Education Association v. Austin Area School District, 159 Pa.Cmwlth. 640 , 644 n. 6, 634 A.2d 276 , 278 n. 6 (Pa.Cmwlth.1993)(The essence test is the equivalent of the judgment n.o.v. standard provided b

1999See also, County of Centre v. Musser, 519 Pa. 380, 392-93 , 548 A.2d 1194, 1200 (1988)(Arbitration Act of 1927 provisions relative to judicial review of arbitral awards retained in Uniform Arbitration Act, thus, it is clear that the “essence” test remains the standard of judicial review for arbitration awards which, are subject to section 7302(d)(2) of the Uniform Arbitration Act); Austin Area Education Association v. Austin Area School District, 159 Pa.Cmwlth. 640 , 644 n. 6, 634 A.2d 276 , 278 n. 6 (Pa.Cmwlth.1993)(The essence test is the equivalent of the judgment n.o.v. standard provided b

1993The “essence test” was made applicable in Pennsylvania to public sector arbitration awards under Act 195/PERA 9 in Brownsville Area School District v. Brownsville Education Association, 26 Pa.Commonwealth Ct. 241, 244, 363 A.2d 860, 861 (1976); see also Community College of Beaver County; Leechburg Area School District v. Dale, 492 Pa. 515, 519 , 424 A.2d 1309, 1312 (1981).

1993The “essence test” was made applicable in Pennsylvania to public sector arbitration awards under Act 195/PERA 9 in Brownsville Area School District v. Brownsville Education Association, 26 Pa.Commonwealth Ct. 241, 244, 363 A.2d 860, 861 (1976); see also Community College of Beaver County; Leechburg Area School District v. Dale, 492 Pa. 515, 519 , 424 A.2d 1309, 1312 (1981).

1993The “essence test” was made applicable in Pennsylvania to public sector arbitration awards under Act 195/PERA 9 in Brownsville Area School District v. Brownsville Education Association, 26 Pa.Commonwealth Ct. 241, 244, 363 A.2d 860, 861 (1976); see also Community College of Beaver County; Leechburg Area School District v. Dale, 492 Pa. 515, 519 , 424 A.2d 1309, 1312 (1981).

1993The "essence test" was made applicable in Pennsylvania to public sector arbitration awards under Act 195/PERA [9] in Brownsville Area School District v. Brownsville Education Association, 26 Pa.Commonwealth Ct. 241, 244, 363 A.2d 860, 861 (1976); see also Community College of Beaver County; Leechburg Area School District v. Dale, 492 Pa. 515, 519 , 424 A.2d 1309, 1312 (1981).