panel hearing (Virginia) · Go Syfert
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panel hearing in Virginia

9 Virginia opinions name it 6 courts 1987–2024 2 in the last five years

The cases below were cited by Virginia 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 (4)

CaseFollowedCited
State Board of Health v. Godfreygreen
va · 1982 · cited in 2 Virginia opinions naming this issue, 1987–1992
2 sentences

1992As a result of this amendment, the proper inquiry for this court is not whether Dr. Lasus has met an appropriate factual threshold as to whether a panel hearing might substantiate some of his allegations but rather whether the agency head’s decision not to grant Dr. Lasus a panel hearing was “arbitrary and capricious.” See State Board of Health v. Godfrey, 223 Va. 423, 433-434 (1982).

1987Both sides cite State Board of Health v. Godfrey, 223 Va. 423, 433-434 (1982), where our Supreme Court observed an "arbitrary or capricious decision of an agency is one made through abuse of discretion, bad faith, unfairness or one tainted by unfair prejudice or animosity." The parties disagree on whether an employee must in some way demonstrate an arbitrary and capricious performance evaluation before this Court to determine the right to the panel hearing.

22
Howard B. Burdeau v. Trustees of the California State Collegesgreen
ca9 · 1974 · cited in 1 Virginia opinions naming this issue, 2023–2023
1 sentence

2023Moreover, a grievant’s inability to access all of a locality’s files does not dictate a losing outcome because “[t]he grievance procedures presuppose that the grievant will have evidence to support his position.” Burdeau v. Trustees of California State Colleges, 507 F.2d 770, 775 (9th Cir. 1974).

11
Steinman v. Clinchfield Coal Corp.green
vactapp · 1917 · cited in 1 Virginia opinions naming this issue, 1994–1994
2 sentences

1994Cf. Steinman v. Clinchfield Coal Corp., 121 Va. 611, 620-21 , 93 S.E. 684, 687 (1917); and American Filtrona Corp. v. Hartford, 16 Va. App. 159 , 428 S.E.2d 511 (1993) (Law of the case doctrine provides that where there are two appeals in the same case, nothing decided in the first appeal may be considered in the second appeal, right or wrong, even though the first appeal is not technically a final judgment.).

1994Cf. Steinman v. Clinchfield Coal Corp., 121 Va. 611, 620-21 , 93 S.E. 684, 687 (1917); and American Filtrona Corp. v. Hartford, 16 Va. App. 159 , 428 S.E.2d 511 (1993) (Law of the case doctrine provides that where there are two appeals in the same case, nothing decided in the first appeal may be considered in the second appeal, right or wrong, even though the first appeal is not technically a final judgment.).

11
Ellyson v. Commonwealthgreen
vaccrichmondcty · 1987 · cited in 1 Virginia opinions naming this issue, 1990–1990
1 sentence

1990See Ellyson v. Commonwealth, 10 Va. Cir. 231, 233-34 (1987).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Carter v. Commonwealth green
vactapp · 2002
1 sentence

2024Id. at 4 (quoting Butcher v. Commonwealth, 298 Va. 392 , 397 n.6 (2020)).

12024–2024
Wallace v. Commonwealth green
vaccrichmondcty · 1988
1 sentence

1995I agree with Judge Harris in the Wallace, supra, case that more than a difference of opinion between the employee and supervisor as to the objectivity and fairness of the evaluation is required.

11995–1995
City of Norfolk v. Kohler green
va · 1987
2 sentences

1994Va. Code § 1-16 provides, in pertinent part: “No new law shall be construed to repeal a former law, as to... any right accrued, or claim arising under die former law, or in any way whatever to effect... any right accrued, or claim arising before the new law takes effect....” The case cited by plaintiff is City of Norfolk v. Kohler, 234 Va. 341 , 362 S.E.2d 894 (1987).

1994Va. Code § 1-16 provides, in pertinent part: “No new law shall be construed to repeal a former law, as to... any right accrued, or claim arising under die former law, or in any way whatever to effect... any right accrued, or claim arising before the new law takes effect....” The case cited by plaintiff is City of Norfolk v. Kohler, 234 Va. 341 , 362 S.E.2d 894 (1987).

11994–1994
American Filtrona Co. v. Hanford green
vactapp · 1993
2 sentences

1994Cf. Steinman v. Clinchfield Coal Corp., 121 Va. 611, 620-21 , 93 S.E. 684, 687 (1917); and American Filtrona Corp. v. Hartford, 16 Va. App. 159 , 428 S.E.2d 511 (1993) (Law of the case doctrine provides that where there are two appeals in the same case, nothing decided in the first appeal may be considered in the second appeal, right or wrong, even though the first appeal is not technically a final judgment.).

1994Cf. Steinman v. Clinchfield Coal Corp., 121 Va. 611, 620-21 , 93 S.E. 684, 687 (1917); and American Filtrona Corp. v. Hartford, 16 Va. App. 159 , 428 S.E.2d 511 (1993) (Law of the case doctrine provides that where there are two appeals in the same case, nothing decided in the first appeal may be considered in the second appeal, right or wrong, even though the first appeal is not technically a final judgment.).

11994–1994
Horn v. Abernathy green
va · 1986
2 sentences

1992Id. at 232-33 , 343 S.E.2d at 322 .

1992Id. at 232-33 , 343 S.E.2d at 322 .

11992–1992

Where else courts name it

OH 34 (1973–2024) NY 17 (1979–2000) NJ 14 (1980–2017) CO 13 (1982–2026) TX 13 (1963–2015) KS 12 (1979–2022) OK 12 (1929–2025) PA 11 (1986–2025) MN 11 (1985–2025) OR 9 (1996–2025) VA 9 (1987–2024) MI 8 (1975–2025) FL 7 (1977–2021) GA 6 (1882–2020) IL 6 (1988–2023) ME 5 (1999–2025) MD 5 (1984–2005) LA 5 (1984–2006) SC 5 (2010–2021) MO 4 (1981–2001) NC 4 (1902–2017) MS 4 (1958–1997) VI 3 (2012–2015) IN 3 (1977–2004) AZ 3 (1984–1985) NM 2 (2000–2006) WI 2 (1999–2011) IA 2 (2022–2022) CA 2 (1988–2022)

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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