impartial hearing (Pennsylvania) · Go Syfert
← Pennsylvania issues

impartial hearing in Pennsylvania

10 Pennsylvania opinions name it 3 courts 1963–2022 1 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 (5)

CaseFollowedCited
Bush v. Veachgreen
pacommwct · 2010 · cited in 2 Pennsylvania opinions naming this issue, 2019–2022
2 sentences

2022Additionally, DOC must follow the procedures outlined in its own regulation, 37 Pa. Code § 93.10 (b), 7 and Bush v. Veach, 1 A.3d 981, 984 (Pa. Cmwlth. 2010), which mirror Wolff’s requirements. 7 Section 93.10(b) relates to inmate discipline and provides: (b) Written procedures which conform to established principles of law for inmate discipline including the following will be maintained by [DOC] and disseminated to the inmate population: (1) Written notice of charges. (2) Hearing before an impartial hearing examiner or an informal resolution process for charges specified by [DOC] in the Depar

2019Id.

12
Hughes v. Council 13green
pa · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2000–2000
2 sentences

2000Id.; see also Hughes v. Council 13, American Federation of State, County and Municipal Employees, 157 Pa.Cmwlth. 96 , 629 A.2d 194 (1993), affirmed, 536 Pa. 539 , 640 A.2d 410 (1994). 5 In the instant case, Petitioner’s only allegation against the Union is found at paragraph six of his petition for review and states as follows: Respondent without reason or cause has in bad faith failed to investigate Petitioner [sic] grievance fully; has in bad faith failed to follow its normal and customary practices in the handling of discharge grievances; has in bad faith and without reason failed to demand

2000Id.; see also Hughes v. Council 13, American Federation of State, County and Municipal Employees, 157 Pa. Cmwlth. 96, 629 A.2d 194 (1993), affirmed, 536 Pa. 539 , 640 A.2d 410 (1994). [5] In the instant case, Petitioner's only allegation against the Union is found at paragraph six of his petition for review and states as follows: Respondent without reason or cause has in bad faith failed to investigate Petitioner [sic] grievance fully; has in bad faith failed to follow its normal and customary practices in the handling of discharge grievances; has in bad faith and without reason failed to dema

11
Hughes v. COUNCIL 13, AFSCMEgreen
pacommwct · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2000–2000
2 sentences

2000Id.; see also Hughes v. Council 13, American Federation of State, County and Municipal Employees, 157 Pa.Cmwlth. 96 , 629 A.2d 194 (1993), affirmed, 536 Pa. 539 , 640 A.2d 410 (1994). 5 In the instant case, Petitioner’s only allegation against the Union is found at paragraph six of his petition for review and states as follows: Respondent without reason or cause has in bad faith failed to investigate Petitioner [sic] grievance fully; has in bad faith failed to follow its normal and customary practices in the handling of discharge grievances; has in bad faith and without reason failed to demand

2000Id.; see also Hughes v. Council 13, American Federation of State, County and Municipal Employees, 157 Pa.Cmwlth. 96 , 629 A.2d 194 (1993), affirmed, 536 Pa. 539 , 640 A.2d 410 (1994). 5 In the instant case, Petitioner’s only allegation against the Union is found at paragraph six of his petition for review and states as follows: Respondent without reason or cause has in bad faith failed to investigate Petitioner [sic] grievance fully; has in bad faith failed to follow its normal and customary practices in the handling of discharge grievances; has in bad faith and without reason failed to demand

11
Stewart v. Upper Allen Township Zoning Hearing Boardgreen
pa · 1994 · cited in 1 Pennsylvania opinions naming this issue, 2000–2000
2 sentences

2000Id.; see also Hughes v. Council 13, American Federation of State, County and Municipal Employees, 157 Pa.Cmwlth. 96 , 629 A.2d 194 (1993), affirmed, 536 Pa. 539 , 640 A.2d 410 (1994). 5 In the instant case, Petitioner’s only allegation against the Union is found at paragraph six of his petition for review and states as follows: Respondent without reason or cause has in bad faith failed to investigate Petitioner [sic] grievance fully; has in bad faith failed to follow its normal and customary practices in the handling of discharge grievances; has in bad faith and without reason failed to demand

2000Id.; see also Hughes v. Council 13, American Federation of State, County and Municipal Employees, 157 Pa. Cmwlth. 96, 629 A.2d 194 (1993), affirmed, 536 Pa. 539 , 640 A.2d 410 (1994). [5] In the instant case, Petitioner's only allegation against the Union is found at paragraph six of his petition for review and states as follows: Respondent without reason or cause has in bad faith failed to investigate Petitioner [sic] grievance fully; has in bad faith failed to follow its normal and customary practices in the handling of discharge grievances; has in bad faith and without reason failed to dema

11
Abalos v. Oil Development Co. of Texasgreen
tex · 1976 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
1 sentence

1987See also: Li v. Yellow Cab Co., supra; Davies v. Butler, supra; Abalos v. Oil Development Co., 544 S.W.2d 627, 634 (Tex.1976) (Pope, J., concurring).

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 (14)

CaseCitedYears
Sandin v. Conner green
scotus · 1995
2 sentences

2003For a prisoner, such a deprivation occurs when the prison “imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life.” Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2298 , 132 L.Ed.2d 418 (1995).

2003For a prisoner, such a deprivation occurs when the prison “imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life.” Sandin v. Conner, 515 U.S. 472, 484 , 115 S.Ct. 2298 , 132 L.Ed.2d 418 (1995).

12003–2003
Pennsylvania Ass'n for Retarded Children v. Commonwealth of Pennsylvania green
paed · 1971
1 sentence

1995(Original Record, page 8 of The Special Education Appeals Panel Opinion). .22 Pa.Code § 14.61 provides in pertinent part: (a) A school district shall document the provision of written notice to the parents of an exceptional student, a student who is thought to be exceptional or an eligible young child or young child thought to be eligible, within a reasonable time.... [[Image here]] (d)(4) A full explanation of the procedural safeguards, including the right to a prehearing conference and an impartial hearing available to the student or the parents under this chapter, Chapter 342 ... and the PA

11995–1995
Pennsylvania Ass'n for Retarded Children v. Pennsylvania green
paed · 1972
1 sentence

1995(Original Record, page 8 of The Special Education Appeals Panel Opinion). .22 Pa.Code § 14.61 provides in pertinent part: (a) A school district shall document the provision of written notice to the parents of an exceptional student, a student who is thought to be exceptional or an eligible young child or young child thought to be eligible, within a reasonable time.... [[Image here]] (d)(4) A full explanation of the procedural safeguards, including the right to a prehearing conference and an impartial hearing available to the student or the parents under this chapter, Chapter 342 ... and the PA

11995–1995
United States v. Chiolo neutral
pamd · 1983
1 sentence

1989United States v. Chiolo, 560 F. Supp. 279 (M.D.Pa. 1983), citing United States v. Miller, 229 F.2d 839 (3rd.

11989–1989
United States v. Paul B. Miller and Mildred E. Miller, His Wife green
ca3 · 1956
1 sentence

1989United States v. Chiolo, 560 F. Supp. 279 (M.D.Pa. 1983), citing United States v. Miller, 229 F.2d 839 (3rd.

11989–1989
Horn v. Township of Hilltown green
pa · 1975
2 sentences

1985Appellant relies on Horn v. Township of Hilltown, 461 Pa. 745 , 337 A.2d 858 (1975).

1985Appellant relies on Horn v. Township of Hilltown, 461 Pa. 745 , 337 A.2d 858 (1975).

11985–1985
Gallagher v. Merry green
pa · 1951
2 sentences

1975Where there are serious allegations of multiple fraud, as in this case, we have learned by experience that we cannot do justice to all parties without an impartial hearing of the factual issues after they have been sharply defined by the pleadings: Gears Estate, No. 372 of 1973 (not yet reported); Diamandas Estate, 73 D. & C. 334 (1950); Reichert’s Estate, 52 D. & C. 254 (1944); Williams v. Rose, 403 Pa. 619, 624 , 170 A.2d 577 (1961); Gallagher v. Merry, 366 Pa. 258 , 77 A.2d 379 (1951).

1975Where there are serious allegations of multiple fraud, as in this case, we have learned by experience that we cannot do justice to all parties without an impartial hearing of the factual issues after they have been sharply defined by the pleadings: Gears Estate, No. 372 of 1973 (not yet reported); Diamandas Estate, 73 D. & C. 334 (1950); Reichert’s Estate, 52 D. & C. 254 (1944); Williams v. Rose, 403 Pa. 619, 624 , 170 A.2d 577 (1961); Gallagher v. Merry, 366 Pa. 258 , 77 A.2d 379 (1951).

11975–1975
Williams v. ROSE green
pa · 1961
2 sentences

1975Where there are serious allegations of multiple fraud, as in this case, we have learned by experience that we cannot do justice to all parties without an impartial hearing of the factual issues after they have been sharply defined by the pleadings: Gears Estate, No. 372 of 1973 (not yet reported); Diamandas Estate, 73 D. & C. 334 (1950); Reichert’s Estate, 52 D. & C. 254 (1944); Williams v. Rose, 403 Pa. 619, 624 , 170 A.2d 577 (1961); Gallagher v. Merry, 366 Pa. 258 , 77 A.2d 379 (1951).

1975Where there are serious allegations of multiple fraud, as in this case, we have learned by experience that we cannot do justice to all parties without an impartial hearing of the factual issues after they have been sharply defined by the pleadings: Gears Estate, No. 372 of 1973 (not yet reported); Diamandas Estate, 73 D. & C. 334 (1950); Reichert’s Estate, 52 D. & C. 254 (1944); Williams v. Rose, 403 Pa. 619, 624 , 170 A.2d 577 (1961); Gallagher v. Merry, 366 Pa. 258 , 77 A.2d 379 (1951).

11975–1975
Durkee Famous Foods, Inc. v. Harrison neutral
scotus · 1943
1 sentence

1963The Superintendent has implemented this provision by adopting a formula whereby one point is added to the professional employe’s general rating for each year of service up to 20 years. 12 The county superintendent testified that he could recall only three unsatisfactory ratings. 13 151 Pa. Superior Ct. 522 , 30 A. 2d 726 , aff’d per curiam, 347 Pa. 418 , 32 A. 2d 565 , cert. denied, 320 U.S. 782 (1943).

11963–1963
Brown Case green
pa · 1943
2 sentences

1963The Superintendent has implemented this provision by adopting a formula whereby one point is added to the professional employe’s general rating for each year of service up to 20 years. 12 The county superintendent testified that he could recall only three unsatisfactory ratings. 13 151 Pa. Superior Ct. 522 , 30 A. 2d 726 , aff’d per curiam, 347 Pa. 418 , 32 A. 2d 565 , cert. denied, 320 U.S. 782 (1943).

1963The Superintendent has implemented this provision by adopting a formula whereby one point is added to the professional employe’s general rating for each year of service up to 20 years. 12 The county superintendent testified that he could recall only three unsatisfactory ratings. 13 151 Pa. Superior Ct. 522 , 30 A. 2d 726 , aff’d per curiam, 347 Pa. 418 , 32 A. 2d 565 , cert. denied, 320 U.S. 782 (1943).

11963–1963
Batrus' Appeal green
pasuperct · 1941
2 sentences

1963Act of March 10, 1949, P. L. 30, §1123, as amended, 24 P.S. §11-1123. 6 Sinton’s Case, 151 Pa. Superior Ct. 543 , 30 A. 2d 628 (1943); Batrus’ Appeal, 148 Pa. Superior Ct. 587 , 26 A. 2d 121 (1942); Spruce Hill Township School District Board of Directors v. Bryner, 148 Pa. Superior Ct. 549 , 25 A. 2d 745 (1942). 7 In Batrus, the question was whether the form of the charge was proper; in Spruce Hill, the question was whether the professional employe had received an impartial hearing; in Sinton’s Case, the question was whether a resolution of the school board was being enforced in a reasonable m

1963Act of March 10, 1949, P. L. 30, §1123, as amended, 24 P.S. §11-1123. 6 Sinton’s Case, 151 Pa. Superior Ct. 543 , 30 A. 2d 628 (1943); Batrus’ Appeal, 148 Pa. Superior Ct. 587 , 26 A. 2d 121 (1942); Spruce Hill Township School District Board of Directors v. Bryner, 148 Pa. Superior Ct. 549 , 25 A. 2d 745 (1942). 7 In Batrus, the question was whether the form of the charge was proper; in Spruce Hill, the question was whether the professional employe had received an impartial hearing; in Sinton’s Case, the question was whether a resolution of the school board was being enforced in a reasonable m

11963–1963
Spruce Hill Township School District Board of Directors v. Bryner green
pasuperct · 1941
2 sentences

1963Act of March 10, 1949, P. L. 30, §1123, as amended, 24 P.S. §11-1123. 6 Sinton’s Case, 151 Pa. Superior Ct. 543 , 30 A. 2d 628 (1943); Batrus’ Appeal, 148 Pa. Superior Ct. 587 , 26 A. 2d 121 (1942); Spruce Hill Township School District Board of Directors v. Bryner, 148 Pa. Superior Ct. 549 , 25 A. 2d 745 (1942). 7 In Batrus, the question was whether the form of the charge was proper; in Spruce Hill, the question was whether the professional employe had received an impartial hearing; in Sinton’s Case, the question was whether a resolution of the school board was being enforced in a reasonable m

1963Act of March 10, 1949, P. L. 30, §1123, as amended, 24 P.S. §11-1123. 6 Sinton’s Case, 151 Pa. Superior Ct. 543 , 30 A. 2d 628 (1943); Batrus’ Appeal, 148 Pa. Superior Ct. 587 , 26 A. 2d 121 (1942); Spruce Hill Township School District Board of Directors v. Bryner, 148 Pa. Superior Ct. 549 , 25 A. 2d 745 (1942). 7 In Batrus, the question was whether the form of the charge was proper; in Spruce Hill, the question was whether the professional employe had received an impartial hearing; in Sinton’s Case, the question was whether a resolution of the school board was being enforced in a reasonable m

11963–1963
Sinton's Case green
pasuperct · 1942
2 sentences

1963Act of March 10, 1949, P. L. 30, §1123, as amended, 24 P.S. §11-1123. 6 Sinton’s Case, 151 Pa. Superior Ct. 543 , 30 A. 2d 628 (1943); Batrus’ Appeal, 148 Pa. Superior Ct. 587 , 26 A. 2d 121 (1942); Spruce Hill Township School District Board of Directors v. Bryner, 148 Pa. Superior Ct. 549 , 25 A. 2d 745 (1942). 7 In Batrus, the question was whether the form of the charge was proper; in Spruce Hill, the question was whether the professional employe had received an impartial hearing; in Sinton’s Case, the question was whether a resolution of the school board was being enforced in a reasonable m

1963Act of March 10, 1949, P. L. 30, §1123, as amended, 24 P.S. §11-1123. 6 Sinton’s Case, 151 Pa. Superior Ct. 543 , 30 A. 2d 628 (1943); Batrus’ Appeal, 148 Pa. Superior Ct. 587 , 26 A. 2d 121 (1942); Spruce Hill Township School District Board of Directors v. Bryner, 148 Pa. Superior Ct. 549 , 25 A. 2d 745 (1942). 7 In Batrus, the question was whether the form of the charge was proper; in Spruce Hill, the question was whether the professional employe had received an impartial hearing; in Sinton’s Case, the question was whether a resolution of the school board was being enforced in a reasonable m

11963–1963
Brown's Case green
pasuperct · 1942
2 sentences

1963The Superintendent has implemented this provision by adopting a formula whereby one point is added to the professional employe’s general rating for each year of service up to 20 years. 12 The county superintendent testified that he could recall only three unsatisfactory ratings. 13 151 Pa. Superior Ct. 522 , 30 A. 2d 726 , aff’d per curiam, 347 Pa. 418 , 32 A. 2d 565 , cert. denied, 320 U.S. 782 (1943).

1963The Superintendent has implemented this provision by adopting a formula whereby one point is added to the professional employe’s general rating for each year of service up to 20 years. 12 The county superintendent testified that he could recall only three unsatisfactory ratings. 13 151 Pa. Superior Ct. 522 , 30 A. 2d 726 , aff’d per curiam, 347 Pa. 418 , 32 A. 2d 565 , cert. denied, 320 U.S. 782 (1943).

11963–1963

Where else courts name it

OH 244 (1988–2026) IL 56 (1923–2025) NY 39 (1931–2024) CA 35 (1935–2025) AL 17 (1930–2025) KS 16 (1982–2026) CT 12 (1961–1997) MA 12 (1980–2023) NJ 11 (1987–2026) PA 10 (1963–2022) AZ 9 (1970–2025) TX 6 (1967–2004) MD 6 (1958–2021) CO 5 (1981–2002) SD 4 (1977–2009) WY 4 (1956–2022) FL 4 (2001–2018) NE 4 (1895–1933) VT 4 (1928–2015) DE 3 (1987–2018) MN 3 (1991–2008) OK 3 (1934–1998) WA 2 (1953–2017) NM 2 (1983–2003) MS 2 (1989–1993) DC 2 (1991–2003) MO 2 (1978–2010) UT 2 (1999–2018) RI 2 (1987–2011) AR 2 (2004–2016) WV 2 (1998–2004) TN 2 (2010–2018) MI 2 (1964–1982) LA 2 (1951–1990) ME 2 (1984–2016)

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.

← Caselaw search · G Cite Topics · Brief Check