Case law

Lewis v. Wetzel

153 F. Supp. 3d 678 · District Court, M.D. Pennsylvania · Dec 21, 2015

Eleventh Amendment immunity. Will v. … Michigan Department of State Police, 491 U.S. 58, 63-71 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989). mil clearly precludes actions for damages against state officials acting in their official capacities.

West Virginia University Hospitals, Inc. v. Casey

701 F. Supp. 496 · District Court, M.D. Pennsylvania · Nov 30, 1988

Defendants have raised a sovereign immunity defense to all retrospective relief demanded by plaintiff. The law on sovereign immunity is not carved in stone. … The court’s framing of the sovereign immunity issue regarding the 1983 intercept works quite well for the framing of the sovereign immunity issue in the instant action for the fiscal years 1984 and 1985.

Ditzler v. Housing Authority

171 F. Supp. 3d 363 · District Court, M.D. Pennsylvania · Mar 21, 2016

This single decision by policymakers comports with Supreme Court and Third Circuit precedent and clearly amounts to “an act of official government policy.” … This court finds that the plaintiff has provided evidence sufficient to support a finding that the Board’s deliberate decision to terminate the plaintiff qualifies as policy for the purpose of determining Monell liability

Pocono International Raceway, Inc. v. Pocono Mountain Speedway, Inc.

171 F. Supp. 2d 427 · District Court, M.D. Pennsylvania · Aug 13, 2001

The plaintiff is the owner of a mark that qualifies as a “famous” mark in light of the totality of the eight factors listed in § 1125(c)(1), 2. … In Times Mirror, the Court disagreed with the defendants’ argument that a mark that is merely descriptive cannot qualify for protection under the Dilution Act Id. at 165-168 .

A.C. ex rel. Jerry C. v. Scranton School District

191 F. Supp. 3d 375 · District Court, M.D. Pennsylvania · Jun 13, 2016

Paragraphs 50 through 65 should not be stricken, as they reasonably relate to the controversy between the parties, and clearly demonstrate that the District knew or should have known that the subsequent inappropriate physical … To the extent New Story argues that A.C. was not excluded from its program based solely on his disabilities, this is not the complete standard to establish a § 504 claim.

United States v. H & M, Inc.

562 F. Supp. 651 · District Court, M.D. Pennsylvania · Mar 22, 1983

I would say you could qualify it as that. I tried to stay as neutral as I could and find out as much as I could. Q. … Bryan could not grant Snyder official immunity, he could effectively grant the equivalent of such immunity by containing his knowledge of Snyder’s complicity.

Gatling v. United States

188 F. Supp. 3d 426 · District Court, M.D. Pennsylvania · Aug 25, 2015

If a hearing is not held, the district judge must accept the criminal defendant’s allegations as true “unless they are clearly frivolous on the basis of the existing record.” Gov’t of Virgin Islands v. … Certificate of Appealability To qualify for a certificate of ap-pealability, a habeas litigant must demonstrate that reasonable jurists would find the court’s assessment of the constitutional claims debatable or wrong.

Derrick F. v. Red Lion Area School District

586 F. Supp. 2d 282 · District Court, M.D. Pennsylvania · Oct 31, 2008

In order to establish a prima facie case of discrimination under the ADA, a plaintiff must prove (1) that he is disabled, (2) that he is a qualified individual with a disability, and (3) that he has suffered an adverse action … There is no dispute that Pro-well was qualified to serve as Derrick’s intervener.

United States v. Cormier

254 F. Supp. 3d 737 · District Court, M.D. Pennsylvania · May 24, 2017

She explained that, shortly after Cormier’s plea, she learned that his convictions likely would qualify. (Id. ¶ 6). … Cormier *746 cannot establish legal innocence of the offense charged. B.

Faust v. RCA Corp.

612 F. Supp. 522 · District Court, M.D. Pennsylvania · Apr 10, 1985

Such a provision clearly changes the meaning of the collective bargaining agreement and is, therefore, preempted by that agreement. … The six month statute of limitations, here, has clearly expired. See DelCostello v. International Brotherhood of Teamsters, 462 U.S. 151 , 103 S.Ct. 2281 , 76 L.Ed.2d 476 (1983).

Gobla v. Crestwood School District

609 F. Supp. 972 · District Court, M.D. Pennsylvania · Feb 1, 1985

Gobla are clearly in the same vein as those raised in Connick and constitute unprotected speech. … The plaintiff clearly asserts, through affi *978 davits and other exhibits, that she was discharged at least to a large extent because of her “outspokenness.”

Morrissey v. GCMC Geisinger Community Medical Center

District Court, M.D. Pennsylvania · Nov 23, 2020

Defendant asserts that these documents are “clearly protected by the Pennsylvania Peer Review Protection Act.” (Doc. 56, at 1).2 ‘In the Privilege Log relating to Dr. … Examination of the documents establishes that they were all created by, and for, the systems peer review committee, which was comprised of only professional health care providers as defined in 63 P.S. § 425.2, and were

Garner v. Capital Blue Cross

859 F. Supp. 145 · District Court, M.D. Pennsylvania · Jul 13, 1994

We also permitted Plaintiff the opportunity to amend her complaint so that it might more clearly set forth her causes of action. … The Court recently delineated which benefit plans qualify for the “deemer” clause exemption. FMC Corp. v. Holliday, 498 U.S. 52 , 111 S.Ct. 403 , 112 L.Ed.2d 356 (1990).

Asbestos Workers Local No. 23 Pension Fund Ex Rel. Norcross v. United States

303 F. Supp. 2d 551 · District Court, M.D. Pennsylvania · Jan 12, 2004

Because the Internal Revenue Code clearly grants to the IRS the power to attach and levy all “property and rights to property,” the validity of a tax lien often *557 hinges on whether the asset to be attached qualifies as … The plan clearly provided him with discretionary authority to choose a beneficiary and change that designation at any time. (Doc. 29, Ex. 7 at 37a).

Van Scoy v. Powermatic

810 F. Supp. 131 · District Court, M.D. Pennsylvania · Apr 21, 1992

Because the conduct of the school district, through its agents (teachers and maintenance staff) was involved in this case, and because all parties agreed that the school district was immune from liability under Plaintiff’ … Indeed, on four to five separate occasions, the jury was instructed about the “substantial factor” theory of the Plaintiff in establishing responsibility on the part of the Defendant.

Damiano v. Scranton School District

135 F. Supp. 3d 255 · District Court, M.D. Pennsylvania · Sep 30, 2015

The requisite state action may be found even if the state actor with whom the private individual allegedly conspired is himself immune from suit. … The Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA’’) "entitles qualified beneficiaries of group health plans to ‘continuation coverage,’ [ 29 U.S.C. § 1161 (a)], after the occurrence of a ‘qualifying event-such

Fagiolo v. Smith

326 F. Supp. 2d 589 · District Court, M.D. Pennsylvania · Mar 12, 2004

In a footnote in the opinion, the OLC also advised that the “[t]he authority conferred under section 3624(c) to transfer a prisoner to a non-prison site is clearly limited to a period ‘not to exceed six months, of the last … of Prisons, 981 F.2d 466 (10th Cir.1992), cert. denied, 510 U.S. 830 , 114 S.Ct. 98 , 126 L.Ed.2d 65 (1993), the Court of Appeals for the Tenth Circuit reasoned and concluded that *593 [w]hile there is mandatory (albeit qualified

Scranton Products, Inc. v. Bobrick Washroom Equipment, Inc.

190 F. Supp. 3d 419 · District Court, M.D. Pennsylvania · Jun 3, 2016

(internal citation and quotation marks omitted), Here, SP has demonstrated that the compilations of its pricing information qualifies for trade secret protection and therefore has established “good cause” to support its AEO … SP has accordingly demonstrated that the information at issue qualifies as a trade secret and thus has established .

FG v. Jersey Shore Area School District

District Court, M.D. Pennsylvania · May 11, 2023

was subjected and, in any event, the individual defendant would be entitled to qualified immunity.40 1. … immunity. 58 Mulholland v.

Krisa v. Equitable Life Assurance Society

113 F. Supp. 2d 694 · District Court, M.D. Pennsylvania · Apr 6, 2000

Claiming that Equitable has not demonstrated that its position was “clearly correct,” Mr. … Clearly, fees and costs incurred on a withdrawn claim are arguably unreasonable.