permanent bar (Pennsylvania) · Go Syfert
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permanent bar in Pennsylvania

12 Pennsylvania opinions name it 3 courts 1898–2010 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 (1)

CaseFollowedCited
Flatley v. Workers' Compensation Appeal Boardgreen
pacommwct · 2002 · cited in 2 Pennsylvania opinions naming this issue, 2003–2010
2 sentences

2010Claimant had the burden of proving "that he suffers from a permanent hearing loss of 10 percent or greater that is medically established to be work-related and caused by long-term exposure to hazardous occupational noise.” Flatley v. Workers’ Compensation Appeal Board (Mallinckrodt Chemical, Calsicat Div.), 803 A.2d 862, 866-67 (Pa.Cmwlth. *446 2002).

2003Flatley v. Workers’ Compensation Appeal Board (Mallinckrodt Chem., Calsicat Div.), 803 A.2d 862 (Pa.Cmwlth.2002), appeal denied, — Pa. -, 820 A.2d 705 (2003). ‘Whether the employe has been *1193 exposed to hazardous occupational noise or has long-term exposure to such noise shall be affirmative defenses to a claim petition for occupational hearing loss and not a part of the claimant’s burden of proof in a claim.” Section 306(c)(8)(x) of the Act, 77 P.S. § 513(8)(x).

12

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 (9)

CaseCitedYears
Judicial Inquiry & Review Board v. Snyder green
pa · 1987
2 sentences

1988Snyder, 514 Pa. at 151 , 523 A.2d at 298-299 . 6 Article V, section 18(Z) is clear in its mandate that where the appropriate sanction for the errant behavior of a judicial officer justifies the imposition of the censure of removal, it carries with it a permanent bar against future judicial service.

1988Snyder, 514 Pa. at 151 , 523 A.2d at 298-299 . 6 Article V, section 18(Z) is clear in its mandate that where the appropriate sanction for the errant behavior of a judicial officer justifies the imposition of the censure of removal, it carries with it a permanent bar against future judicial service.

21988–1988
African Methodist Episcopal Union Church neutral
pasuperct · 1905
2 sentences

1934Upon the by-laws as adopted and regulating the affairs of a corporation in which a stockholder has invested his money, he relies for a management as therein provided, and it is not reasonable that even at a regular or annual meeting, radical changes should be made, without notice to him of such contempláted action.'” See, also, African Methodist Episcopal Union Church, 28 Pa. Superior Ct. 193 .

1934Upon the by-laws as adopted and regulating the affairs of a corporation in which a stockholder has invested his money, he relies for a management as therein provided, and it is not reasonable that even at a regular or annual meeting, radical changes should be made, without notice to him of such contemplated action." See, also, African Methodist Episcopal Union Church, 28 Pa. Super. 193 .

21934–1934
Bagley v. Reno Oil Co. green
pa · 1902
2 sentences

1934The Supreme Court held in Bagley v. Reno Oil Co., 201 Pa. 78, 81 , 50 A. 760 : “By-laws, having once been adopted, become the permanent rule to govern the association’s conduct, and every member of it ought to bé able to so regard them, and to feel that they will be neither repealed nor amended without notice to him of an intention to do so, even at a regular or annual meeting of the stockholders.

1934The Supreme Court held in Bagley v. Reno Oil Co., 201 Pa. 78, 81 , 50 A. 760 : “By-laws, having once been adopted, become the permanent rule to govern the association’s conduct, and every member of it ought to bé able to so regard them, and to feel that they will be neither repealed nor amended without notice to him of an intention to do so, even at a regular or annual meeting of the stockholders.

21934–1934
Bucci v. Workers' Compensation Appeal Board green
pacommwct · 2000
1 sentence

2006Bucci v. Workers’ Compensation Appeal Board (Rockwell Int'l), 758 A.2d 279 (Pa.Cmwlth.2000).

12006–2006
Septa v. Wcab (Pointer) green
pacommwct · 1992
2 sentences

1998Southeastern Pennsylvania Transportation Authority v. Workmen’s Compensation Appeal Board (Pointer), 145 Pa.Cmwlth. 539 , 604 A.2d 315 (1992).

1998Southeastern Pennsylvania Transportation Authority v. Workmen’s Compensation Appeal Board (Pointer), 145 Pa.Cmwlth. 539 , 604 A.2d 315 (1992).

11998–1998
Audwin D. Barnett v. Dewey Sowders, Warden green
ca6 · 1991
1 sentence

1998Unlike the Railway Labor Act, 45 U.S.C.A. §§ 151-188 , which was enacted to “eliminate the crippling effect of labor disputes that threaten railway interstate commerce,” Espinosa v. Norfolk and Western Railway Co., 946 F.2d 894 (6th Cir.1991), the Adamson Act (the Act) was enacted as a governmental measure to fix a permanent standard working day for employees engaged in the operation of trains upon interstate railway carriers.

11998–1998
Matter of Glancey green
pa · 1988
2 sentences

1991In Matter of Glancey, 518 Pa. 276 , 542 A.2d 1350 (1988), we stated: Article V, section 18(Z) is clear in its mandate that where the appropriate sanctions for the errant behavior of a judicial officer justifies the imposition of the censure of removal, it carries with it a permanent bar against future judicial service.

1991In Matter of Glancey, 518 Pa. 276 , 542 A.2d 1350 (1988), we stated: Article V, section 18(Z) is clear in its mandate that where the appropriate sanctions for the errant behavior of a judicial officer justifies the imposition of the censure of removal, it carries with it a permanent bar against future judicial service.

11991–1991
Commonwealth, Department of Transportation v. Pennsylvania Human Relations Commission green
pa · 1986
2 sentences

1986While at the time this letter was sent by Ms. Cox, i.e., January 8, 1985, the above cited case was the law, that case has now been reversed and in Department of Transportation v. Pennsylvania Human Relations Commission, 510 Pa. 401 , 508 A.2d 1187 (1986) Justice McDermott held that Section 9 of the Act 2 , which provides for hearing panels made up of three or more commissioners or a permanent hearing examiner, requires that the entire Commission review the record.

1986While at the time this letter was sent by Ms. Cox, i.e., January 8, 1985, the above cited case was the law, that case has now been reversed and in Department of Transportation v. Pennsylvania Human Relations Commission, 510 Pa. 401 , 508 A.2d 1187 (1986) Justice McDermott held that Section 9 of the Act 2 , which provides for hearing panels made up of three or more commissioners or a permanent hearing examiner, requires that the entire Commission review the record.

11986–1986
Schenck v. Burgess green
pa · 1897
1 sentence

1898If the measure be legislative in purpose or effect it is immaterial whether it be called an ordinance, resolution, by-law or rule: Howard v. Olyphant, 181 Pa. 191 .

11898–1898

Where else courts name it

LA 18 (1979–2020) NE 13 (1913–2025) NC 12 (1976–2021) IL 12 (1900–2023) PA 12 (1898–2010) FL 11 (1978–2018) MI 10 (1939–2022) OR 10 (1957–2024) NY 10 (1967–2024) CA 9 (1960–2023) IA 9 (1982–2019) GA 9 (1975–2002) NJ 8 (1986–2023) OH 8 (1903–2025) IN 7 (1889–2015) CO 6 (2001–2026) ME 6 (1972–2017) WA 6 (2002–2024) MS 6 (1949–2002) VA 6 (2003–2026) MD 5 (1980–2017) VT 5 (1976–2016) TX 5 (1981–2003) MA 4 (1897–1990) DE 3 (1961–2016) AL 3 (1998–2015) OK 3 (1914–1987) MO 3 (1971–1981) AZ 3 (1979–2013) TN 3 (1995–2024) NM 3 (1980–2023) DC 3 (1978–2012) KY 3 (1960–2012) ND 2 (1947–1961) KS 2 (1939–2024) WI 2 (2016–2024) CT 2 (2018–2020) SC 2 (1996–2010) MN 2 (2009–2014) AR 2 (1998–2001)

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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