Case law

Clover Farms Dairy v. Brumbaugh

586 F. Supp. 1227 · District Court, M.D. Pennsylvania · May 9, 1984

Do the plaintiffs have a protected interest in properly established minimum milk prices? 2. … The disagreement arises over whether the established prices are merely a unilateral expectation or a protectable interest.

Unum Life Insurance Co. of America v. Grourke

406 F. Supp. 2d 524 · District Court, M.D. Pennsylvania · Dec 20, 2005

Further, the Plan provides that once it is determined that the insured may qualify for Social Security benefits, UNUM “will estimate [the insured’s] entitlement to these benefits ...” unless the insured “... sign[s] ... … UNUM relies on these cases to establish the existence of a federal common law cause of action for unjust enrichment in the Third Circuit, and points to Empire Kosher Poultry, Inc. v.

United States v. Rissmiller

905 F. Supp. 216 · District Court, M.D. Pennsylvania · Nov 9, 1994

The Court also established a briefing schedule. … The transaction took place in the bedroom area of the trailer where firearms were clearly visible. (U) 30.

Bird v. Borough of Moosic

District Court, M.D. Pennsylvania · Feb 28, 2020

Qualified Electors, 683 A.2d at 286. … Qualified Electors, 683 A.2d at 286.

Perez v. Ransome

District Court, M.D. Pennsylvania · Nov 21, 2022

It is well- established that the Commonwealth of Pennsylvania has not waived this immunity, see 42 Pa. Const. Stat. … Pa. 1995) (dismissing a prisoner-plaintiff’s due process claim that he was unlawfully denied copies of his medical records as being “clearly meritless”).

Hale

District Court, M.D. Pennsylvania · Feb 12, 2026

thus lack subject matter jurisdiction—unless the United States has expressly waived its immunity and consented to be sued.55 Hale has not alleged or shown that the United States has waived its sovereign immunity for Bivens … monetary relief from an immune defendant and under Section 1915A(b)(1) as legally frivolous.

Beers v. Northumberland County

District Court, M.D. Pennsylvania · Jul 27, 2023

In addition, as the Court concludes that Beers fails to adequately allege a constitutional violation, it need not address the individual Defendants’ qualified immunity defense. See Saucier v. … Katz, 533 U.S. 194, 201 (2001) (providing that one element of the qualified immunity defense is that the defendant violated a constitutional right). 39 To the extent that Beers sues Schiccatano, Klebon, and Best in their

Pennsylvania v. Lockheed Martin Corp.

684 F. Supp. 2d 564 · District Court, M.D. Pennsylvania · Feb 1, 2010

Concerning the first argument, the court agrees that the terms of the license clearly *580 indicate that financial protection is not required. … (a)Financial protection for public liability claims; indemnification agreement; waiver of immunity.

Wall v. Sunoco, Inc.

211 F.R.D. 272 · District Court, M.D. Pennsylvania · Nov 20, 2002

Therefore, our review of the entire record convinces us that counsel is eminently qualified to represent the class. … Plaintiff, however, is clearly in a different position from the other potential class members.

B.L. by and through Levy v. Mahanoy Area School District

376 F. Supp. 3d 429 · District Court, M.D. Pennsylvania · Mar 21, 2019

The Supreme Court established in the landmark case of Tinker v. … App'x 537 , 546-47 (6th Cir. 2013) (granting qualified immunity to the defendant based on a looser waiver standard).

Sipe v. Local Union No. 191 United Brotherhood of Carpenters & Joiners

393 F. Supp. 865 · District Court, M.D. Pennsylvania · Mar 19, 1975

Plaintiff claims that he was damaged in the following ways: loss of salary as a Business Representative and as a carpenter, loss of his right to qualify for a pension, prohibition against running for or holding union office … “The well established practice . has been that the assertion of a substantial claim under a federal statute gives a United States court jurisdiction of that claim even though that court may determine ultimately that no cause

Pennsylvania v. Navient Corp.

354 F. Supp. 3d 529 · District Court, M.D. Pennsylvania · Dec 17, 2018

"These packages consisted of a variety of loan products including: FFELP loans; private loans for borrowers who qualified for [Navient's] standard private student loan products (prime loans); and private loans for borrowers … Borrowers enrolled in IDR plans can also obtain loan forgiveness if they enroll in the plans and make qualifying payments for 20-25 years "for most IDR plans or 10 years of qualifying payments while working full time for

Schiavone v. Luzerne County

District Court, M.D. Pennsylvania · Aug 5, 2022

To establish that an official “should have known” of a prisoner's vulnerability to suicide, the risk must be “so obvious that a lay person would recognize the necessity for preventative action.” Stuart v. … “States . . . waive their Eleventh Amendment immunity to RA claims when they accept federal funds.” Haybarger v. Lawrence Cty. Adult Prob. & Parole, 551 F.3d 193, 199 (3d Cir. 2008).

Keiser v. Conagra Foods, Inc.

57 F. Supp. 3d 399 · District Court, M.D. Pennsylvania · Oct 27, 2014

It is unclear what argument Plaintiff is making in order to establish the relevance of this modification to the case at bar. … The record clearly shows that Defendant did not refuse to consider the summary documents; it simply made the determination that the Plan controlled over any other conflicting documents.

Price v. ProMedica Employment Services II, LLC.

District Court, M.D. Pennsylvania · Aug 26, 2025

The court makes no determination, however, as to the ultimate veracity of these assertions. 2 Price alleges that CVID is an immune disorder that causes frequent bacterial and viral infections of a person's airways. … To succeed on an FMLA retaliation claim, a plaintiff must establish that: 1; she invoked her right to FMLA-qualifying leave, i.e., engaged in protected activity; 2) she suffered an adverse employment decision; and 3)

Horvath Towers III, LLC v. Zoning Hearing Board of Butler Township

247 F. Supp. 3d 520 · District Court, M.D. Pennsylvania · Mar 29, 2017

Section 803.3 of the Ordinance is also applicable to Section 509 because Section 509 qualifies as a special exception. … The court cannot state that this finding was clearly wrong looking at the plain language of the Ordinance and the written record.

Bird v. Borough of Moosic

District Court, M.D. Pennsylvania · Dec 28, 2020

To establish a § 1983 claim, a plaintiff must establish that the defendants, acting under color of state law, deprived the plaintiff of a right secured by the United States Constitution. Mark v. … The prospect of uninterrupted income during periods of disability well may attract qualified persons to these vocations.

Bean v. The Wyoming Seminary of the Susquehanna Annual Conference

District Court, M.D. Pennsylvania · Mar 20, 2024

which plaintiff contends establishes hostile treatment towards her based on sex. (Id.) … Additionally, the court has jurisdiction under 28 U.S.C. § 1343(a)(3), which confers jurisdiction of any action commenced to redress the deprivation of any right, privilege, or immunity secured by federal law providing

Elmore v. Clarion University of Pennsylvania

933 F. Supp. 1237 · District Court, M.D. Pennsylvania · Aug 6, 1996

A prima facie case arises by showing that: (1) plaintiff is a member of a protected class; (2) plaintiff was qualified for the position; (3) plaintiff was discharged from or denied the position; and (4) nonmembers of the … Elmore clearly has a right to be free from racial discrimination and the procedural and substantive right described and outlined in the CBA.” [Pl.'

United States v. One Bally "Barrel-O-Fun" Coin-Operated Gaming Device

224 F. Supp. 794 · District Court, M.D. Pennsylvania · Dec 31, 1963

Games can be rapidly removed by pushing a concealed button located any place in ah establishment if the wires are connected to it. 10. … Wayne Neyens, who qualified as an expert in the field of coin-operated amusement and gambling devices.